(1) Except at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided, when traffic control signals are not in place or not in operation, the driver of a vehicle shall yield the right-of-way to a pedestrian crossing the roadway within a crosswalk who is in the lane in which the driver is proceeding or is in the lane immediately adjacent thereto by bringing his or her vehicle to a complete stop.

(2) No pedestrian shall 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 stop.

(3) 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 not overtake and pass such stopped vehicle.

(4) At or adjacent to the intersection of two highways at which a path designated for bicycles and pedestrians is controlled by a traffic control signal, a pedestrian who lawfully enters a highway where the path crosses the highway shall have the right-of-way within the crossing with respect to vehicles and bicycles.

(5) The Department of Transportation and local authorities in their respective jurisdictions may, after an engineering and traffic investigation, designate unmarked crosswalk locations where pedestrian crossing is prohibited or where pedestrians shall yield the right-of-way to vehicles. Such restrictions shall be effective only when traffic control devices indicating such restrictions are in place.

Source:Laws 1973, LB 45, § 42; Laws 1979, LB 395, § 1; R.S.1943, (1988), § 39-642; Laws 1993, LB 370, § 249; Laws 2016, LB716, § 1; Laws 2017, LB339, § 203.

Cross References

Failure to yield to pedestrian, assessment of points against operator's license, see section 60-4,182 et seq.

Annotations

The driver of a vehicle shall yield the right-of-way to a pedestrian within a crosswalk. Therkildsen v. Gottsch, 194 Neb. 729, 235 N.W.2d 622 (1975).

Pursuant to subsection (2) of this section, a pedestrian who stepped from the curb into traffic failed to prove causation to withstand a directed verdict because the evidence showed that the driver could not have avoided hitting the pedestrian even if the driver had seen the pedestrian step from the curb. Fidler v. Koster, 8 Neb. App. 884, 603 N.W.2d 165 (1999).