(a) Every pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway.
(b) Any pedestrian crossing a roadway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right-of-way to all vehicles upon the roadway.
(c) Between adjacent intersections at which traffic-control signals are in operation, pedestrians shall not cross at any place except in a marked crosswalk.
(d) Notwithstanding the provisions of this section, every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian upon any roadway and shall give warning by sounding the horn when necessary and shall exercise proper precaution upon observing any child or any confused or incapacitated person upon a roadway.
History. Acts 1937, No. 300, § 77; Pope's Dig., § 6735; A.S.A. 1947, § 75-628.
Case Notes
Duty of Drivers.
Instructions.
Standards.
The failure of a driver to sound his horn, to take earlier diversionary action, or to sooner apply his brakes to avoid hitting a pedestrian are significant on the questions of speed, control, and lookout. Thomas v. Newman, 262 Ark. 42, 553 S.W.2d 459 (1977).
Even though a pedestrian is required to yield the right-of-way when crossing a highway at a point other than a marked crosswalk, failure to do so does not relieve the driver of an approaching vehicle of the obligation to exercise ordinary care to avoid colliding with the pedestrian and to give warning by the sounding of a horn, when necessary. Thomas v. Newman, 262 Ark. 42, 553 S.W.2d 459 (1977).
The trial court in instructing the jury on the statutory duty of a pedestrian crossing at other than crosswalks should not have substituted the word “person” for “child or any confused or incapacitated person.” Holcomb v. Gilbraith, 257 Ark. 32, 513 S.W.2d 796 (1974).
The weight given the evidence of violation of this section was to be determined in the light of the standards set out in the Arkansas Model Jury Instructions. Blythe v. Byrd, 251 Ark. 363, 472 S.W.2d 717 (1971).