Your Rights and Responsibilities as a Pedestrian
6 minute read
Pedestrians make up the largest group of road users. Whether it’s walking on the road to school or work, taking the dog out or just crossing a road back to your car after school drop off, at some time or another everyone is a pedestrian.
Pedestrians can be some of our society’s most vulnerable members, often including the children and the elderly. That’s why it’s so important to build awareness around pedestrian safety. In the year ending July 2023 alone, there were 168 pedestrians killed in road accidents.
Of course, all road users need to take responsibility for road safety, including pedestrian safety. But as a pedestrian do you know what your rights and responsibilities are?
Here we talk you through pedestrian rules, some tips on how can you stay safe as a pedestrian road user and what you should do if you're involved in an accident.
Who is a pedestrian?
Pedestrians are classified as those that are on foot, push a bicycle or travel on wheeled devices such as skateboards, e-scooters and wheelchairs. If you’re a pedestrian, you will have a few responsibilities and rules that need to be followed to help to keep all road users safe.
Pedestrian rights and rules
In Australia all road rules, including pedestrian rules, are governed by each state or territory and are linked below.
However, while there are a few minor differences from state to state, there has been a big effort to create consistent pedestrian rules around the country. The states and territories have substantially adopted the rules set out in the Australian Road Rules. Below we explain what these rules are and answer some of the commonly asked questions like ‘do you have to give way to pedestrians?’ and ‘do pedestrians have right or way in Australia?
Do pedestrians have right of way in Australia?
Yes, most of the time pedestrians do have right of way in Australia. However, this is mainly applied in situations where there are any shared zones, at pedestrian crossings and children crossings.
All drivers must look out at all times and give way to pedestrians crossing the road you are entering.
This law giving pedestrians the right of way also applies whether there are traffic lights, stop signs or give way signs.
It’s important to note that this rule means that if you’ve been injured as a pedestrian while crossing a road without looking, or while distracted or drunk, you may still be entitled to compensation for your injuries. Speak to one of our motor claim experts who can help you determine your legal rights and potential entitlements.
Pedestrian crossing rules
In general, pedestrian crossing rules require that when crossing a road, a pedestrian must cross by the shortest safe route and not stay on the road longer than necessary to cross safely.
If you are at a lighted crosswalk, and the crossing lights are red, then you are not permitted to cross the road. The only exception to this rule is if you have already crossing the intersection or road, and the light turns from green to red, then you are lawfully able to continue crossing.
Pedestrian crosswalk rules also require that if there is a zebra crossing in Australia within 20 metres of where you are on the road, then you must use that zebra crossing. If there is no crosswalk within 20 metres, then you may cross the road by the shortest and safest route.
If you’d like to review pedestrian crossing rules for your state, check out the links below.
Pedestrian traffic hazard rules
Another pedestrian rule is that when walking on the road, pedestrians must not cause a traffic hazard or obstruction for drivers. Under this rule, you are not allowed to move into the path of a driver or unreasonably obstruct the path of any driver or even another pedestrian. Pedestrians are also not allowed to travel along a road if there is a footpath or nature strip next to the road unless it is impracticable to travel on the footpath or nature strip. This is to allow the free flow of traffic as much as possible.
Tips for staying safe as a pedestrian
Staying safe as a pedestrian means knowing the road rules and always staying alert. Being distracted as a pedestrian road user can lead to devastating consequences. Here are a few of our tips below.
Tip 1: Put your phone down!
With the arrival of smartphones, we have seen the rise of ‘zombie’ walkers. These are distracted pedestrians who are so engrossed in their devices that they aren’t paying attention to what’s going on around them.
Just like when driving, pedestrians are road users and need to be aware of their surroundings, especially when crossing the road. If distracted, when a pedestrian is walking towards the road they may blindly walk into the path of oncoming cars. And this can have devastating consequences.
It’s important that you try to avoid looking at your phone while you’re walking, especially near roads. If you do need to look at it, make sure you stop and move out of the way of drivers and other pedestrians. Stay alert.
Tip 2: Get a lift when you drink
We all know the dangers of driving after drinking alcohol, but walking home along a road whilst intoxicated can also be dangerous. Drinking can reduce your capacity for balance and dull the awareness of your surroundings – a dangerous combination when near traffic.
If you are going out and planning to drink alcohol, you should have a plan of how to get home safely. Either take a taxi or rideshare service or, if you’re determined to walk, make sure you have someone sober to accompany you.
Tip 3: Wear appropriate clothing
You can stay safe when you’re out walking by wearing bright, reflective or light-coloured clothing, particularly at night or where it's hard to see. This will allow drivers to see you more clearly and keep everyone safer.
Tip 4: Take the earbuds out!
Many Aussies love listening to music or podcasts when they’re out walking. Of course this is a lovely way to take some time out for yourself, but it can also put you in a dangerous situation.
It’s much safer to take out your earphones before heading out on a walk, and certainly before crossing the road.
Injured on the road? Contact Shine Lawyers
If you or a loved one have been involved in an accident caused by a car, motorcycle, bus, truck, train or tram, our team of Pedestrian Compensation Claim Experts may be able to help.
Our experienced legal team have helped thousands of clients make compensation claims on a No Win No Fee basis*.
Using our online booking tool, you can determine whether you are eligible to claim, for free.
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