COMMITTEE SUBSTITUTE
FOR
H. B. 3132
(By Delegates Fleischauer, Lawrence, Klempa,
Marshall, Martin, Staggers, Michael, Hamilton,
Brown, Beach and Phillips)
(Originating in the House Committee on the Judiciary)
[March 26, 2009]
A BILL to amend and reenact §17C-10-2 of the Code of West Virginia,
1931, as amended, relating to pedestrians' right-of-way in
crosswalks.
Be it enacted by the Legislature of West Virginia:
That §17C-10-2 of the Code of West Virginia, 1931, as amended,
be amended and reenacted, to read as follows:
ARTICLE 10. PEDESTRIANS' RIGHTS AND DUTIES.
§17C-10-2. Pedestrians' right-of-way in crosswalks.
(a) When traffic-control signals are not in place or not in
operation the driver of a vehicle shall yield the right-of-way,
slowing down or stopping if need be to so yield, to a pedestrian
crossing the roadway within a any marked crosswalk: Provided, That
when a roadway is 4 lanes in width or over, the driver must yield
only when the pedestrian is upon the half of the roadway upon which
the vehicle is traveling, or when the pedestrian is approaching so
closely from the opposite half of the roadway as to be in danger
but no a pedestrian shall may not suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is
so close that it is impossible for the driver to yield. This
provision shall does not apply under the conditions stated in
section three, subsection (b) of this article. Further, it is a
defense if a driver is in an emergency situation or believes he or
she is in danger of imminent harm.
(b) Whenever any vehicle is stopped at a marked crosswalk or
at any unmarked crosswalk at an intersection to permit a pedestrian
to cross the roadway, the driver of any other vehicle approaching
from the rear shall may not overtake and pass such stopped vehicle.
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