Author: Sabrina DeVall

City of Anywhere WV · 123 Grand Street · Any City, WV 12345 Phone: 304-111-2222 · Website:

Road Facts

Pedestrians and Drivers: Whose turn is it?

Confusion among drivers and pedestrians regarding who has the right-of-way, which simply means who has the legal right to go first, is one reason pedestrian and driver crashes happen. Just as drivers do not always have the right-of-way, neither do pedestrians. Knowing and following traffic rules is essential!
West Virginia Code Chapter 17 C. Traffic Regulations and Laws of the Road is the law for pedestrians and drivers in West Virginia. http://www.wvlegislature.gov/wvcode/code.cfm?chap=17C&art=1

Pedestrians: If a pedestrian signal is present, wait for the WALK indication before beginning to cross in the designated crosswalk. In most instances, the signal is timed to allow pedestrians to cross one street.
Once the flashing don’t walk indication appears, wait and do not enter the intersection. This indication means there is only enough time remaining to finish crossing.
If the traffic signal does not have a pedestrian signal, cross only when drivers going the same direction have the green light. Be alert for drivers that may be making right turns at the same time you are attempting to cross the roadway.
Drivers: Pedestrians have priority to cross during the conditions listed above. It is important to be alert to pedestrians crossing. The most common potential conflict is right-turns. Never make a right turn without first checking for pedestrians about to enter, or already in, the crosswalk.

Pedestrians: At designated crosswalks without traffic signals, it is essential to first find a safe gap in traffic to enter the nearest lane. While crossing, stay alert and ensure that it is safe to enter the next lane. It is never acceptable to enter the crosswalk if the driver does not have sufficient time to identify a pedestrian and stop.
Drivers: Pedestrians are permitted to enter the road at any designated crosswalk away from a traffic signal as long as there is a safe gap in traffic. It is imperative to be alert at all times, especially at these marked crossing locations. Drivers need to yield whenever a pedestrian has entered the crosswalk. Also, never pass a vehicle that is stopped for a pedestrian in the crosswalk.

Pedestrians: Pedestrians crossing a roadway mid-block (between intersections) at a location without designated crosswalks need to remember that drivers always have the right-of-way at these locations.
Drivers: It is always important to be alert and avoid distractions when driving.

Pedestrian and Driver Tips

Pedestrians
Cross at designated and marked crosswalks.
Look both ways before crossing the roadway.
Don’t assume a driver sees you.
Be alert when walking. Don’t text and walk!
Don’t wear earbuds or headphones while walking; this will help you hear what is going on around you.
Don’t jump in front of an oncoming vehicle, even if there is a marked crosswalk.
If a pedestrian signal is present, wait for the WALK indication before beginning to cross in the designated crosswalk.
Once the flashing don’t walk indication appears, WAIT and do not enter the intersection.
At night, wear retroreflective materials and/or carry a flashlight.
When a crosswalk or intersection is not available, try to find a well-lit location to cross. Wait for a gap in traffic that allows enough time to cross safely. Also, watch for traffic while crossing.
Make eye contact with the driver before entering the roadway. It’s possible that you might be in a vehicle’s blind spot. The driver might be distracted. There are many factors that can impair a driver.
Drivers
Be alert! Watch for pedestrians everywhere and be especially attentive at night or in bad weather conditions.
Don’t assume a pedestrian sees you.
Put the phone down. Don’t text and drive!
Don’t wear earbuds or headphones while driving; this will help you hear what is going on around you.
Slow down and be prepared to stop when approaching a crosswalk.
Never pass a vehicle that is stopped for a pedestrian in a crosswalk.
Drivers need to exercise care and yield their right-of-way if they come upon a blind or vision impaired pedestrian crossing the street with a white or metal cane, with or without a red tip, and/or the pedestrian is being led by a guide dog.
Follow the speed limit, and other traffic laws. You never know where pedestrians will be present.

Photo taken by WV LTAP staff.

Created May 2019 by the WV Local Technical Assistance Program · http://wvltap.wvu.edu PO Box 6103 · Morgantown, WV 26506 · Phone: 304-293-9924

Crossing at Intersections with Traffic Signals — (WV State Code §17C-10 and §17C-3-6)

Crosswalks without Traffic Signals — (WV State Code §17C-10-2)

No Marked Crosswalk between Intersections — (WV State Code §17C-10-3)