Question: What are the duties of pedestrian when they are crossing at a crosswalk?
Answer: The duties of the pedestrian at a crosswalk and the preferred driver at an intersection are quite different. Indiana Code 9-4-1-87 sets out the standard of care to be used by a pedestrian using a crosswalk: Pedestrian’s right-of-way at crosswalks. (a) When traffic control signals are not in place or not in operation, the driver of vehicle shall yield the right-of-way, slowing down or stopping if the need be, so to yield to a pedestrian crossing the roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger, but no pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield. Accordingly, a pedestrian stepping onto a street from a curb or place of safety has a duty to make sure he is not stepping into the path of an oncoming car which would be unable to stop. Since the pedestrian has this duty, for the purposes of contributory negligence, he is charged with “constructive knowledge” of any oncoming traffic which was in plain view and could have been seen if the pedestrian had checked the street before entering it.