Colorado § 42-4-803 - Crossing at other than crosswalks.

§ 42-4-803. Crossing at other than crosswalks.

(1) Every pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway.

(2) Any pedestrian crossing a roadway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right-of-way to all vehicles upon the roadway.

(3) Between adjacent intersections at which traffic control signals are in operation, pedestrians shall not cross at any place except in a marked crosswalk.

(4) No pedestrian shall cross a roadway intersection diagonally unless authorized by official traffic control devices; and, when authorized to cross diagonally, pedestrians shall cross only in accordance with the official traffic control devices pertaining to such crossing movements.

(5) Any person who violates any provision of this section commits a class B traffic infraction.

Source: L. 94: Entire title amended with relocations, p. 2353, § 1, effective January 1, 1995.

Editor's note: This section is similar to former § 42-4-703 as it existed prior to 1994, and the former § 42-4-803 was relocated to § 42-4-903.

ANNOTATION

Law reviews. For article, "One Year Review of Torts", see 37 Dicta 67 (1960).

Annotator's note. Since § 42-4-803 is similar to § 42-4-703 as it existed prior to the 1994 amending of title 42 as enacted by SB 94-1, relevant cases construing that provision have been included with the annotations to this section.

A pedestrian "jay-walking" across a highway is required to yield the right-of-way to automobiles, and failure to do so is negligence per se. Dennis v. Johnson, 136 Colo. 357, 317 P.2d 890 (1957).

Instruction based on this section alone is erroneous. In an action by a pedestrian against a motorist for injuries allegedly occurring at an intersection, an instruction based upon subsection (1) of this section, which fails to advise a jury of the qualifications thereof contained in § 42-4-707, is erroneous. Allison v. Trustee, 140 Colo. 392, 344 P.2d 1077 (1959).

The care and caution required of an 11-year-old child, who while crossing a multiple lane highway was struck by defendant's automobile, depend on its maturity and capacity and is also dependent on the circumstances of each particular case. Schaffner v. Smith, 158 Colo. 387, 407 P.2d 23 (1965).