The law requiring motorists to yield the right of way to pedestrians in crosswalks, the Adirondack Rail Trail and village streets is too often violated and should be the subject of increased monitoring and enforcement by the police.

On July 10, 2024, the Enterprise published my letter to the editor, entitled “Rules of the road at rail trail crossings.” I submitted this letter because I had witnessed multiple times when motorists failed to yield the right of way to pedestrians waiting to cross the newly-designated rail trail crosswalks.

I hadn’t seen much public dissemination of the rules of the road as they applied to rail trail crosswalks, and I hoped that my letter would inform motorists of the rules and help reduce violations and potential accidents.

Well, there is still much work to do.

Since July 10, I have been informally monitoring motorist compliance with the law at the many crosswalks in Saranac Lake, both at rail trails and village streets. I estimate that cars yield to pedestrians in crosswalks only about half of the time. A startling figure, given that village crosswalks have been freshly painted this year and large warning signs have been installed to identify the location of the crosswalks.

Some examples: Just last week, I attempted to use the crosswalk at the Saranac Lake Adult Center on state Route 86. Four cars failed to yield as I stood in the crosswalk, despite the fact that there were no parked cars and I was in plain view of the motorists. Only when I appeared to enter the street did subsequent cars yield.

On two occasions, I stopped at the rail trail crossing near Turtle Pond to allow pedestrians to cross. They ventured out, only to have cars speed past them from the opposite direction, despite my attempts to warn the motorists by repeatedly flashing my car’s high beams.

Failing to yield is extremely dangerous. The Department of Motor Vehicles estimates that a pedestrian struck by a car going 30 mph has a 50% chance of survival. If the auto is going 40 mph, the chance of pedestrian survival is only 10%. The posted speed limit at the crossing near Turtle Pond is 45 mph, with many drivers traveling at a faster rate, further increasing the likelihood of pedestrian death.

Let’s be clear on the law.

Section 1151(a) of the Vehicle and Traffic Law requires that, if there is a crosswalk at any location where there are no traffic control signals, drivers must yield the right of way to pedestrians waiting in the crosswalk, including slowing or stopping to allow pedestrians to cross. “Pedestrian” is defined as any person afoot (with or without a bicycle) or in a wheelchair.

New York state takes violation of Section 1151(a) very seriously.

You can be fined up to $150 for a first violation, with escalating fines for subsequent offenses. You can get three points added to your driving record for each violation. Your vehicle liability insurance will likely increase, possibly by as much as 20%. If your failure to yield causes serious injury or death to a pedestrian, you can be charged with a misdemeanor and face jail time and a steep fine.

In addition, in the case of serious injury or death, you will likely be sued for damages in civil court. A monetary judgment against you can be considerable, often dwarfing the minimum insurance required by New York state, and even greater limits, if you choose to carry them. Since you are personally responsible for damages that exceed your insurance limits, you and your family could be economically devastated.

Given the widespread violation of the law and the potential severity of an accident, I would urge law enforcement to take a more proactive approach to enforcing Section 1151(a). On several recent occasions, I’ve noticed a squad car monitoring compliance with the stop signs at Pine and Helen streets. Similar monitoring and enforcement of crosswalks could go a long way to educating the driving public and making our streets safer for pedestrians.

An Enterprise editorial, dated Dec. 16, 2023, reported that the village board had signed a letter drafted by the Village Parks and Trails Advisory Board, asking the state Department of Transportation to take measures to safeguard crossings at Broadway, Bloomingdale Avenue and near Turtle Pond. The proposals included installation of a radar speed sign, an in-road sign or bollard and speed reductions.

The editorial pointed out that the DOT was asked to respond “by May.” If there has been no response, perhaps it is time to revisit the issue with the DOT and to consider requesting these and other safety measures for additional crosswalks.

Much of the information in this letter has been taken from a DMV publication “New York State Vehicle and Traffic Law for Pedestrians and Drivers,” which can be accessed at: https://tinyurl.com/2znfkj42.

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Edward Murphy lives in Vermontville.