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Abstract: Crosswalks carve out a refuge where motorists must yield to people outside the vehicle. But crosswalks are creatures not just of engineering, but of law. Although the law everywhere protects pedestrians on foot in crosswalks, that category is narrower than many likely expect. This Article shows that crosswalk protections vary widely and sometimes contradict the ordinary expectations of road users. Far from a safe harbor, the result is a form of jeopardy by law—a physical and legal space this Article calls Schrödinger’s crosswalk.
This Article presents the first comprehensive study of crosswalk right-of-way law across all 50 U.S. states. Drawing on a systematic review of state statutes, administrative codes, and judicial decisions, it maps drivers’ legal obligations toward different categories of crosswalk users, including pedestrians on foot, wheelchair users, babies in strollers, bicyclists (conventional and electric), and e-scooter riders. In some states, drivers must yield to a person crossing in a wheelchair but not to a baby in a stroller; in others, the same crossing offers only ambiguous legal protection. A recent 70% surge in pedestrian fatalities makes strengthening these protections urgent.
The Article follows its comprehensive study with a recommendation as bold as it is straightforward: states should amend statutory language governing crosswalks to map onto the intuitive concept of a pedestrian as someone unprotected by a vehicle. Like the cat in Erwin Schrödinger’s famous thought experiment—simultaneously alive and dead until observed—a non-motorist today may be legally required to use a crosswalk and yet not legally protected in it. As the population ages, transportation technology evolves, and SUVs and trucks grow further in popularity, this protection must be clarified and fortified.
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