askMO: Who has the right of way when you cross midblock?

hey MO: Recently, I carried two heavy bags of groceries up the hill from Fifth Avenue and was exhausted. Since I was midblock, I decided to cross the street there because it was a shorter distance home. I looked both ways to make sure Seventh Avenue was completely clear of cars when I stepped off the curb. When I was nearly across, a driver appeared, honked at me loudly and didn’t slow down. I barely had enough time to turn to look at him before he drove past me. I got scared, and then angry. Why did he blow his horn instead of just slowing down? Aren’t drivers supposed to slow down?

hey you: Since New York City’s Local Law 98 of 2024 came into effect, people may cross the street midblock without being ticketed. But when people cross outside a crosswalk, they do not have the right of way. They must yield to traffic that has the right of way and exercise due care. Here, that means automobiles and other vehicles operating on the street.

It may feel like you did your part when you made sure the avenue was clear of vehicles in both directions when you started crossing. But here is where it gets complicated: the car appeared while you were still crossing. The car may have turned onto the avenue from a side street, driveway or parking lot. You could not see it when you started to cross.

If we look at it from the driver’s perspective, a person is crossing in the middle of the street outside of a crosswalk. Even though the driver has the right of way, the driver still has a responsibility to exercise due care to avoid colliding with the person crossing the street. Honking the horn can be an appropriate warning, but it does not necessarily satisfy the driver’s duty of care. Depending on the circumstances, that could include slowing down, stopping or allowing the person to complete the street crossing before continuing to drive.

When crossing midblock, it is important to understand the right-of-way rule and the responsibilities of both people involved.

See the laws on this topic below: Local Law 98 of 2024: The law that changed NYC’s street-crossing rules for people walking. NYC Administrative Code §19-195: Current crossing and right-of-way rules for people walking. NYC Traffic Rule §4-04: Rules governing people walking and vehicle operators, including the driver’s duty to exercise due care. New York State Vehicle and Traffic Law §1146: State law requiring drivers to exercise due care to avoid colliding with people.

Thank you for sharing your experience!

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