Laws regarding when drivers must yield the right of way to pedestrians vary from state to state and are usually located in a state’s statutes—often in the motor vehicle code, traffic code, or transportation code, for example. Cities and towns (municipalities) may also have local laws (ordinances) that govern when and where pedestrians or drivers have the right of way.

Although laws vary from state to state, in most states:

• Drivers must yield the right of way to pedestrians at marked and unmarked crosswalks.

• Drivers must yield to a pedestrian crossing on a sidewalk in front of an alley, building, driveway, or private road.

• Drivers must yield to a pedestrian crossing the street and approaching the driver’s half of the roadway.

And in most states:

• Pedestrians must yield the right of way to motor vehicles if the pedestrian is crossing anywhere other than a marked or unmarked crosswalk.

• When there are traffic lights present, pedestrians may only cross when there is a flashing walk signal (often showing the seconds remaining in the walk period).

In North Dakota, the laws regarding the right of way for pedestrians are outlined in the North Dakota Century Code (NDCC). According to NDCC 39-10-28, drivers must yield the right of way to pedestrians at both marked and unmarked crosswalks. Additionally, when a pedestrian is crossing a roadway by using a sidewalk across an alley, driveway, or private road, drivers are required to yield to them. Furthermore, if a pedestrian is crossing the street and is on the same half of the roadway as the driver or is approaching so closely from the opposite half of the roadway as to be in danger, drivers must yield the right of way. Conversely, pedestrians must yield the right of way to vehicles when crossing a roadway at any point other than within a marked crosswalk or an unmarked crosswalk at an intersection, as per NDCC 39-10-29. When traffic control signals are in place, pedestrians are bound by the signals and should only cross when they have the walk indication. Local municipalities may also have additional ordinances that govern specific situations regarding pedestrian and vehicle interactions, so it is important for both drivers and pedestrians to be aware of and comply with both state statutes and local ordinances.