Pedestrians on the road - what rights do you have?

Pedestrians are road users who have a guaranteed right of way. the law the opportunity to cross the roadway, including on a pedestrian crossing, and to expect another person – in this case a motor vehicle driver (MVD), to let them through. The right to cross the roadway in the presence of pedestrian crossings or places signaled in another way is complemented by the right of priority that pedestrians have.

What obligations do pedestrians have?

The Road Traffic Act provides for certain pedestrian obligations. In cases where these rules are violated and a traffic accident occurs, there will be complicity on their part.

And what obligations do vehicle drivers have?

The law on Road Traffic (ZDVR) introduces an obligation for drivers of road vehicles to be extremely careful and cautious towards pedestrians. The emphasis is on the safety of persons whom the legislator defines as vulnerable, namely - children, as well as people with permanent disabilities, in particular the blind who move with a white cane, the deaf-blind who move with a red-white cane, and the disabled - the listed persons are not liable for complicity regardless of their behavior.

It is necessary to ensure the priority of pedestrians from the moment they step onto a pedestrian crossing. In this case, the obligation of the driver of the road vehicle to slow down or stop is unconditional, and in this case it is irrelevant whether the motor vehicle is approaching the pedestrian crossing or has already crossed it. This obligation applies to any pedestrian crossing, regardless of the type of existing one - it can be outlined with wide continuous lines parallel to the axis of the road or be outlined with two continuous lines transverse to the axis of the road and which are used only in places regulated by light signals.

What do we understand by the term "footpath"?

The Road Traffic Act provides a legal definition of the term "pedestrian path". According to it, this is a part of the roadway, whether or not marked with road markings and signaled by road signs, which is intended for pedestrians to cross. In cases where there is an intersection, pedestrian paths are the extensions of the sidewalks and shoulders onto the roadway.

Crossing the roadway – the different places where it can happen

The issue of pedestrian rights is the subject of much discussion. According to one of the prevailing opinions, the right of a pedestrian to cross the roadway is absolute, regardless of whether the pedestrian did so in compliance with the established obligations or not. On the contrary, others believe that the right of a pedestrian is relative and depends on compliance with the established rules. Due to the existence of disagreements, the following question was put to the Supreme Court of Cassation (SCC): Is the pedestrian's right to cross the roadway absolute??

In your answer, VKS distinguishes hypotheses depending on the place of intersection, namely:

• on a specially marked pedestrian path,
• in a place that is an extension of the sidewalk or curb,
• at a place regulated by traffic lights and
• in a place not regulated for this purpose.

Interpretative Decision No. 2 of 22.12.2016. by interpretation. e. No. 2/2016 of the Supreme Court of Cassation (SCC) has confirmed the following provisions:

• When there is a specially marked pedestrian crossing or even if there is no marking on the roadway, but the place is signaled with a road sign indicating a pedestrian crossing, the pedestrian has the absolute right to cross the roadway, which right addresses the obligation of all drivers of motor vehicles to let him pass and not endanger his life and health.
• The right of the pedestrian to walk along the extensions of the sidewalks and benches is interpreted in a similar manner.
• When a pedestrian crosses a traffic light-controlled area, their right to cross the roadway is again absolute and unconditional. However, in these cases, pedestrians must comply with the type of light signal and cross only when it is permissive.
• As an exception, pedestrians are allowed to cross in unregulated places – this applies to cases outside populated areas and on two-lane two-way roads in populated areas, in cases where there is no pedestrian crossing nearby. However, in this case, the right of pedestrians is not absolute – drivers of road vehicles are not obliged to let them pass.

In all cases, it should be noted that the rules for crossing must be observed. Otherwise, there would be complicity on the part of pedestrians.

Although statistics show a decrease in road accidents involving pedestrians, they still occur. In these cases, pedestrians have certain rights that arise when they are injured in a road accident. As a result of an accident on the road, they have the opportunity to claim compensation for property and non-property damage. harm .

Author: Gabriela Kostova

Editor: Georgi Georgiev