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Re: Fighting the DOT S(BS) on Woodhaven Blvd

Posted by fdtutf on Fri Sep 23 14:20:11 2016, in response to Re: Fighting the DOT S(BS) on Woodhaven Blvd, posted by BrooklynBus on Thu Sep 22 18:37:48 2016.

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No. Not according to Stephen Bauman.

He stated that in order for them to have the right of way, they would have had to signal their intentions to cross by stepping into the gutter. NO ONE DID THAT. So they forfeited their right of way.


No. Here is what Stephen wrote on this point:

Under § 1112 a pedestrian has the right of way whenever he steps onto the crosswalk, while the walk sign shows its walk aspect.

(Emphasis added.)

If the pedestrian signal is displaying the WALK indication, and a pedestrian steps onto the crosswalk, it doesn't matter that a car is proceeding through the crosswalk. The pedestrian has the right of way, and the car must cede the crosswalk to the pedestrian.

I'm still convinced that you're not telling us what really happened here, anyway. I'm pretty sure this is just another "cyclist on Second Avenue" (or was it First Avenue? No matter) case where you're not telling the story the way it actually happened.

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