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From: AJL <noemail@none.com>
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Subject: Re: No fault cell phone law
Date: Sun, 17 Mar 2024 10:26:07 -0700
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On 3/17/2024 9:03 AM, Stan Brown wrote:

All comments below apply to my state AZ/US only. YMMV.

> There is no such thing as "an automobile driver with the right of
> way." It's basic driver's ed. You NEVER "have" the right of way.

A driver can have the right of way.

> Instead, there are various situations where you must yield the right
>  of way. You only proceed when none of those situations exist.

If you must legally yield, you do it for another driver who has the
right of way. An example would be yielding the right of way to oncoming
traffic when making a left turn.

> One of those situations, of course, is a pedestrian in your path. No
>  matter how heedless or annoying they may be, you have no right to
> hit them with your vehicle

A pedestrian only has the right of way in a crosswalk. Cars have the
right of way everywhere else. In a non-crosswalk car-pedestrian ACCIDENT
the driver in not held at fault and would not receive a ticket. (Unless
he has violated some other law like speeding or driving on the wrong
side of the road, etc.)

Pedestrians occasionally do get ticketed when they fail to yield to
oncoming vehicles when crossing the street outside of a crosswalk by
making the car slow or stop.

> or even drive in a way that threatens to do so.

There are several laws that apply if a driver intentionally threatens a
pedestrian with a car depending on the circumstance. But they are
criminal laws, not traffic laws...