Opinion: I was almost hit by a car and learned an important lesson

A recent scare on a pedestrian crossing left me questioning the road rules for pedestrians. Here’s what I found out.

Picture the scene: it’s a beautiful, bright spring morning and I’m jogging through the streets of my suburb on the outskirts of Sydney. The only other people out and about are fellow (ahem) athletes, cheery dog walkers and early morning caffeine hunters.

Then, things took a dark turn. I approached a pedestrian crossing and saw two cars coming from each side, both slowing down. I made my way across the road and passed the first car with no problems. The second car, however, just kept on driving. Straight into me.

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I want to clarify straight away that I wasn’t hurt. I was just left shaken and with a bruised ego, but what happened next shook me more than the bump itself.

The driver angrily shouted out the window that I hadn’t given her enough time to stop and proceeded to drive off.

Of course, hindsight is 20/20 and there are a million ways I wish I’d responded to her. Instead, I did the dignified thing: I burst into tears and pitifully got to the other side of the road, where watching pedestrians very kindly comforted me and made sure I made it home okay.

Unfortunately, the whole thing lasted about 15 seconds, so there was no time for people to take a numberplate down or swap details.

I went home, licked my wounds, and started to question myself. I had brazenly assumed that I, the pedestrian, was in the right. But maybe I needed to brush up on some road rules?

I went straight to the top and asked the road authorities in New South Wales, Victoria and Queensland to get some clarity on the rights of pedestrians and drivers on pedestrian crossings.

Do drivers have to slow down when approaching a zebra crossing?

The official word from road authorities around Australia is that when approaching a pedestrian crossing, drivers must be travelling at a speed in which they can safely stop before the crossing should they need to. Simple. There is no grey area or differentiation between any of the states on this matter. 

Furthermore, a Queensland Transport and Main Roads spokesperson told me, “Drivers may need to slow down on approach to a crossing to ensure they have a clear view of either side of the crossing”, inferring the driver should always assume a pedestrian is approaching, even if they’re not in line of sight. 

Do drivers have to give way to pedestrians who aren’t on the crossing but are close?

Definitely a contentious issue, and I’m sure one you feel strongly about whether you’re the approaching vehicle or the approaching pedestrian.

However, all three road authorities I spoke to quite clearly explained a pedestrian only needs to be approaching a crossing to warrant a vehicle to stop.

For example, Victoria’s Department of Planning and Transport spokesperson said, “Under Road Rule 81, a driver approaching a pedestrian crossing must drive at a speed at which the driver can, if necessary, stop safely before the crossing. A driver must give way to any pedestrian on or entering a pedestrian crossing”.

On or entering. Make no bones about it, drivers: if a pedestrian is close to a crossing, assume they’re about to be walking over it, and grind those gears to a halt.

The road rules are clear – if there’s a pedestrian approaching a crossing, drivers need to slow down on approach.

What are the penalties for failing to give way at a pedestrian crossing?

If nothing else, the numbers in black and white might be the real deterrent. Each state road authority I spoke to had different penalties but penalties nonetheless.

In NSW, failing to give way to a pedestrian on, or entering, a crossing will result in a fine of $481 and three demerit points. The fine is increased to $603 and four demerit points in a school zone.

In Queensland, drivers will be fined $464 and receive three demerit points. And in Victoria, the penalties can be the most severe: a maximum fine of $962 and five demerit points. Yikes.

Do pedestrians always have right of way, even in lieu of a pedestrian crossing?

In short, yes, a pedestrian has right of way in a shared zone, no matter what state or circumstance. However, it goes without saying pedestrians are obligated to remain vigilant too. 

A Transport for NSW spokesperson told me, “Pedestrians also need to do their part by crossing at the lights or pedestrian crossings if available, looking both ways before crossing, using safe places to cross, not running across the road, and making sure they’re not distracted by phones or music”. 

Road Safety 101, right? But I have to put my hand up and admit I am as guilty as the next person for occasionally making a quick dash across the road when I see a gap in traffic, or for being in another world when I’m midway through a thrillingly macabre true crime podcast.

Rest assured I certainly wasn’t doing either of those things that fateful spring morning, but either way I shan’t be so lackadaisical in the future. Through my research, I’ve discovered I could be charged $81 here in NSW if caught causing a traffic hazard or unreasonably obstructing the path of a driver or other pedestrian. While $81 might not sting as much as the driver’s penalties, that’s still at least a week’s worth of coffee here in Sydney. 

So there you go, fellow road-users. Has this been the vindication I needed post-almost-collision? Yes. Am I more angry than ever at the driver having been vindicated? Yes.

However, I am also aware that very luckily there wasn’t so much as a scratch between myself or the car involved – many aren’t so fortunate.

I’m going to hazard a guess and assume that if you’re reading this, you’re both a regular driver and a regular pedestrian and therefore at risk of this happening to you. Do yourself a favour: read up, know your rights on pedestrian crossings and always be careful, pals.

Have you ever had a close call at a pedestrian crossing? Share your story in the comments below.

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