Motor Vehicle And Highway Civil Charges

5.32A – Duty Of Pedestrians And Bicyclists To Make Observations

5.32A Duty Of Pedestrians And Bicyclists To Make Observations

Both motorists and pedestrians (or bicyclists) have mutual and reciprocal rights to the use of streets and highways and each has the right to expect that the others will exercise their rights with reasonable care and subject to the rights of others. Thus a pedestrian (or bicyclist) is under a duty to exercise for his/her own safety the care that a reasonably prudent person would exercise under all the circumstances confronting him/her. Although his/her observation need not extend beyond a distance within which vehicles moving at lawful speed will threaten him/her, a pedestrian (or bicyclist) is required to use such powers of observation, and to exercise such judgment as to how and when to cross a street or highway, as a reasonably prudent person would use in the particular circumstances.

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