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 crosswalk when the pedestrian is in the crosswalk.
B. A pedestrian shall not suddenly leave a curb or other place of safety and walk or run into the path of a vehicle that is so close that it is impossible for the driver to yield.
C. Subsection A of this section shall not apply under the conditions stated in Subsection B of Section 66-7-335 NMSA 1978.
D. Whenever a vehicle is stopped at a marked crosswalk or at an unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of another vehicle approaching from the rear shall not overtake and pass the stopped vehicle.
E. A person who violates the provisions of this section is guilty of a penalty assessment misdemeanor.
History: 1953 Comp., § 64-7-334, enacted by Laws 1978, ch. 35, § 438; 2007, ch. 92, § 1; 2018, ch. 74, § 44.
ANNOTATIONSCross references. — For the definitions of "crosswalk" and "traffic-control signal", see 66-1-4.3 NMSA 1978 and 66-1-4.17 NMSA 1978.
For the penalty assessment for violation, see 66-8-116 NMSA 1978.
For duty of driver to take precautions when approaching blind person, see 28-7-4 NMSA 1978.
The 2018 amendment, effective July 1, 2018, provided a penalty for a violation of the provisions of this section, and made technical changes; and added Subsection E.
The 2007 amendment, effective July 1, 2007, required vehicles to yield when pedestrians are in the crosswalk.
Provision inapplicable if no crosswalks or other traffic controls. — Where there was no substantial evidence that there were crosswalks or other traffic controls and there was no evidence that plaintiff was attempting to cross the highway, Section 64-18-33, 1953 Comp. (similar to this section); had no application under the set of facts developed at the trial. Pitner v. Loya, 1960-NMSC-024, 67 N.M. 1, 350 P.2d 230.
Since there was no traffic signal in place or in operation of the "traffic-control signal" type, which would deprive plaintiff of the right-of-way as a pedestrian under Section 64-18-33, 1953 Comp. (similar to this section), it was prejudicial error to give instruction stating that ". . . the presence of a crosswalk does not in itself give a pedestrian the right-of-way when there are traffic signals in operation at the intersection, as in this case." Ward v. Ray, 1967-NMSC-264, 78 N.M. 566, 434 P.2d 388.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 7A Am. Jur. 2d Automobiles and Highway Traffic §§ 2 to 4, 6 to 8, 255, 285, 286.
Duty and liability with respect to giving audible signal upon approaching pedestrian, 24 A.L.R.3d 183.
60A C.J.S. Motor Vehicles § 388; 61A C.J.S. Motor Vehicles § 714(2).