What is the test for driver's failure to yield the right of way to a pedestrian crossing the roadway within a marked crosswalk?

California, United States of America


The following excerpt is from Christensen v. Bergmann, 148 Cal.App.2d 176, 306 P.2d 561 (Cal. App. 1957):

Ornales v. Wigger, 35 Cal.2d 474, 218 P.2d 531, 534, was a case where the defendant driver of a vehicle failed to yield the right of way to a pedestrian crossing the roadway within a marked crosswalk. It

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In our case, defendant saw no pedestrian in the crosswalk in front of him; his view of the crosswalk and other space in front of and beyond the truck was obscured; the truck stopped at an angle to its right and he thought it was going to turn easterly into Dumbarton Avenue; he saw the girls' heads for the first time as they came past the front of the truck; he said they ran out in front of him; he applied his brakes and swerved to his left immediately as he saw the truck stop and noticed the girls' heads 'stick out' or come past the truck and when he was about 10 feet from its left rear end. This was his explanation of his conduct. We think the trial court was right in submitting the case to the jury for its determination. Indeed, it appears that it would have been error to take the question from the jury. Bishop v. Reid, 120 Cal.App.2d 391, 261 P.2d 303.

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