Summary:
1. Speed kills. Slow the truck down.
2. Drivers are supposed to yield or stop for pedestrians/bicylists
AT crosswalks and trail crossings like on the WO&D. That includes those at the side, waiting to cross. Court opinions matter more than Internet comments and wishful thinking.
3. Virginia Code 46.2-858 is not written in the plainest English, but it still means drivers shouldn't pass other vehicles stopped at crosswalks for pedestrians if there is no traffic light/policeman directing traffic.
1. Speed kills.
Nearly one-third of the people killed on Washington-area roads last year weren't in a car when they were struck: they were walking or biking.
http://washingtonexaminer.com/local/dc/2011/10/report-pedestrian-bike-deaths-make-greater-share-local-road-deaths
This graph illustrates the exponential relationshiip between vehicle speed and pedestrian fatalities.
2. Crosswalks and trail crossings
Despite the presence or absence of stop signs for bicycle riders,
any pedestrian or bicycle rider has right-of way over vehicular traffic at a crosswalk or trail-crossing crosswalk without a signal. The main reason there are stop signs on trails when they cross intersections is to slow down the bicycle traffic enough to give the car drivers enough safe time to yield to them. The Virginia Code says that drivers shall yield to bicycle riders and pedestrians at crosswalks and at most intersections, unless there is some traffic control device or law enforcement person directing traffic otherwise. At lights, in other words, the bicycle rider/pedestrian has to follow the standard light signals, but the bicycle rider and pedestrian has right of way at all other crosswalks (regardless of traffic speed) and at intersections without signals (if the speed is less than 35 mph).
The law specifically talks about
"at" crosswalks, not "in" crosswalks, thus including the area where someone is waiting to cross the road. The MUTCD-based definition of "crosswalk" is brutally dense, but it also can be read to include the section on the side of the road where pedestrians stand as "crosswalk" area. Here is the Virginia Code:
§ 46.2-904. Use of roller skates and skateboards
on sidewalks and shared-use paths; operation of bicycles, electric power-assisted bicycles, and electric personal assistive mobility devices on sidewalks and crosswalks and shared-use paths; local ordinances.
A person riding a bicycle, electric personal assistive mobility device, or an electric powerassisted bicycle
on a sidewalk, shared-use path, or across a roadway on a crosswalk, shall have all the rights and duties of a pedestrian under the same circumstances.
§ 46.2-924.
Drivers to stop for pedestrians; installation of certain signs; penalty.
A.
The driver of any vehicle on a highway shall yield the right-of-way to any pedestrian crossing such highway:
1.
At any clearly marked crosswalk, whether at mid-block or at the end of any block;
2. At any regular pedestrian crossing included in the prolongation of the lateral boundary lines of the adjacent sidewalk at the end of a block;
3. At any intersection when the driver is approaching on a highway or street where the legal maximum speed does not exceed 35 miles per hour.
B. Notwithstanding the provisions of subsection A of this section, at intersections or crosswalks where the movement of traffic is being regulated by law-enforcement officers or traffic control devices, the driver shall yield according to the direction of the law-enforcement officer or device.
No pedestrian shall enter or cross an intersection in disregard of approaching traffic.
The drivers of vehicles entering, crossing, or turning at intersections shall change their course, slow down, or stop if necessary to permit pedestrians to cross such intersections safely and expeditiously.
Pedestrians crossing highways at intersections shall at all times have the right-of-way over vehicles making turns into the highways being crossed by the pedestrians.
At a crosswalk
Virginia courts have held
“the pedestrian has a superior right -- that is, the right to cross from one side of the street to the other in preference or priority over vehicles -- and
drivers of vehicles must respect this right and yield the right of way to the pedestrian. The pedestrian's right of way extends from one side of the street to the other. It does not begin at any particular point in the intersection nor does it end at any particular point. It begins on one side of the street and extends until the pedestrian has negotiated the crossing.” (Marshall v. Shaw. Supreme Court of Virginia, 1955) (
http://scholar.google.com/scholar_case?case=2476417758289562501&hl=en&as_sdt=2&as_vis=1&oi=scholarr)
"The
duty of a motor vehicle driver on approaching an intersection is to keep a vigilant lookout for pedestrians between curbs on the traveled portion of the highway, and when pedestrians are negotiating the crossing, or about to step from the side into traffic lanes, to operate his car at such speed and under such control that he can readily turn one way or the other, and, if necessary, bring his machine to a stop in time to avoid injury to pedestrians." (Sawyer v. Blankenship, Supreme Court of Virginia, 1933) (
http://va.findacase.com/research/wfrmDocViewer.aspx/xq/fac.19330615_0040113.VA.htm/qx)
None of this, naturally gives the pedestrian/bicyclist the right to jump in front of traffic too close to stop. The police will probably only interview the driver in such a case.
3. Virginia Code 46.2-858
One can certainly argue that Virginia Code 46.2-858 is not the clearest as it is presently written. There are multiple clauses in too little text. Below is a much clearer and longer draft revision of that same legislation, although, please note it did not pass. This draft version would have made it absolutely crystal clear that drivers are expected to handle their vehicles extremely safely around pedestrians, if they didn't know that already from 46.2-924.
http://lis.virginia.gov/cgi-bin/legp604.exe?961+ful+HB689+pdf
308 § 46.2-858. Passing at a railroad grade crossing and certain intersections.
309 A person shall be guilty of reckless driving who overtakes or passes any other vehicle proceeding in
310 the same direction at any railroad grade crossing or at any intersection of highways unless such vehicles
311 are being operated on a highway having two or more designated lanes of roadway for each direction of
312 travel or unless such intersection is designated and marked as a passing zone or on a designated
313 one-way street or highway
, or while pedestrians are passing or about to pass in front of either of such
314 vehicles, unless permitted so to do by a traffic light or law-enforcement officer.
315 When approaching from the rear in the same or an adjacent lane, a person shall be guilty of
316 reckless driving who overtakes or passes any other vehicle at any highway intersection while pedestrians
317 are passing or about to pass in front of either of such vehicles, or any other vehicle stopped in a
318 roadway at a marked crosswalk or at any stop line in advance of a crosswalk without having
319 determined that it is safe to proceed.
My take is that the meaning of the current version of the law and this expanded draft version of the law are similar and that the relevant pedestrian-related portion of the current 46.2-858 code is: "A person shall be guilty of reckless driving who overtakes or passes any other vehicle proceeding in the same direction . . . while pedestrians are passing or about to pass in front of either of such vehicles, unless permitted so to do by a traffic light or law-enforcement officer."
If, on the contrary, one would argue that it is perfectly acceptable and encouraged to pass a vehicle stopped for pedestrians, then implementation of 46.2-924 would be absolutely absurd in multilane roads. If one driver stopped, the cows could come home before the next lane did.
Was the lady in the van in the right to yield or stop for pedestrians? It depends where exactly this occured. If it were in the middle of a block without a crosswalk, then the van driver should not have stopped (except for an emergency like a three-year-old child chasing a ball). Based on the original posting, however, it was presumably an intersection with a crosswalk, but no traffic lights. The road, Centreville Farms, has at least one 35mph speed limit sign visible from Googlemaps streetview. The original poster said: "by stopping in the middle of the road where there is no stop sign, stop light, walk light or
anything other than a cross walk that she ... These pedestrians were not in the crosswalk, they were up on the curb." That seems to imply the scene
WAS a crosswalk with pedestrians wanting to cross
AT the crosswalk. If the location were at a crosswalk, like at the intersection below, then 46.2-924 calls for drivers to yield to pedestrians at the crosswalk (because there was a marked crosswalk and because this was an intersection at a speed less than 35mph).
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