City takes steps to ensure safety for crosswalks at new hike and bike trail

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    To submit questions, e-mail watchdog@vicad.com, post them to the "Watchdog" blog or call Advocate Public Service Editor Gabe Semenza at 361-580-6519. No topic is off-limits.

Few doubt Victoria's new hike and bike trail is a welcomed, needed amenity.

My wife and I, on Monday night, enjoyed a jog again along most of the 2-mile path. Dozens of other residents did, too.

But when it comes to the crosswalks, those path portions that cross four busy streets, some folks feel motorists and pedestrians walk a fine line when it comes to public safety.

Some say the crosswalks pose danger to trail users. At least one motorist told me she almost rear-ended a car when the driver ahead stopped to let walkers cross.

On Monday, my wife and I saw a northbound car on Ben Jordan Street stop at the crosswalk, while a southbound car simultaneously drove on through.

I wanted to know what safety measures the city considered when planning the crosswalks. Between trail users and motorists, who has the right of way? What are some safety tips we can all use?

Ken Gill is a city engineer. City planners scanned the world, he said, for hike-and-bike-trail crosswalk safety standards.

Minimum standards include the road markings in place now - the white stripes and painted triangle caution markers.

By the middle of July, more safety measures - yellow flashing caution lights - will be in place at the major crossings, he said. The city will soon install signs that read "Vehicles Do Not Stop."

"The motorists have the right of way," Gill said. "What we're tying to do with the flashers is to acclimate the drivers of Victoria so they acknowledge there's a crosswalk here."

Gill's statement deems repeating: Motorists have the right of way. In fact, police can ticket motorists who stop at a crosswalk to allow trail users to pass - if the officer deems the act unjustifiably obstructs traffic.

"There is a common misconception that pedestrians have right-of-way at crosswalks, but this is not the case," said Victoria Police Detective Thomas Eisman.

Police can fine pedestrians, who fail to yield right-of-way to automobiles, $160. Motorists who stop to allow pedestrians to cross could be fined $184.

"Motorists who stop in order to avoid hitting someone will not be charged with a crime," Eisman emphasized. "In those cases, the pedestrian would be at fault."

Luckily, Eisman reports no crosswalk accidents so far. To keep that safety record in tact, he offers some tips.

Be courteous and aware of your surroundings.

Wear brightly-colored clothes to increase your visibility when using the crosswalks.

Drivers must watch out for pedestrians and others who cross the streets.

Trail users shouldn't rush into crosswalks. Look both ways.

If you bike or skate, wear proper safety gear.

"I would not say the crosswalks cause us any concerns beyond those we already have for our citizens," Eisman said. "The best ways to be safe on the hike-and-bike trails are the same as those for residents who walk, bike or skate anywhere else in town."

Gill, the city engineer, said other options - such as crosswalks in the culverts or overhead walking bridges - were infeasible or too costly.

As for me, I'm happy with the trail. Sure, the John Stockbauer Drive crosswalk is a bit busy and has a blind spot. But if we all have the good sense to get out and exercise, we can use the same sense to be safe at crosswalks.

Gabe Semenza is the Public Service Editor for the Advocate. Contact him at 361-580-6519 or gsemenza@vicad.com, or comment on this story at www.VictoriaAdvocate.com.


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Comments

  • I meant a pedestrian overpass, cheap and quick fix.

    June 10, 2009 at 12:31 p.m.
  • My poor little feelings aren't hurt, TexicanTelly. :-)
    It is amazing how this crosswalk safety issue has made many people take notice.
    Yes, common sense would be NOT to step in front of an on-coming car, because gee-golly-willikers you might get killed.
    However, you got people yakking and/or texting on their mobile while driving, carelessly driving over the speed limit, tail-gating the car in front of them....
    So, the topic has become important enough for discussion and now people no only know about this trail, they will hopefully take some precaution while walking on it and enjoying some exercise; take precautions while driving past the crosswalks (especially before the blinking light installations), and maybe have a chat with their kids about safety on the trail.
    Next, the trail issue will be - "Should truant officers monitor the trail during the school year?"
    Personally, I love having the trail. In spite of the issues, it's a great amenity for the surrounding neighborhoods.
    Take care.

    June 10, 2009 at 12:18 p.m.
  • I PRAY that a solution will be made BEFORE an incident occurs.

    June 10, 2009 at 11:56 a.m.
  • Not trying to be rude or anything here guys but...some of you answered your own question and contradicted yourselves while bashing Detective Eisman. I don't mean to double tap what Vox or JohnnyHville said but here it goes. I'll even highlight for you the Texas Traffic Code:

    Sec. 552.003. PEDESTRIAN RIGHT-OF-WAY AT CROSSWALK

    (b) Notwithstanding Subsection (a), a pedestrian may not suddenly leave a curb or other place of safety and proceed into a crosswalk in the path of a vehicle so close that it is impossible for the vehicle operator to yield.

    Now I don't know if it's just me but Detective Eisman did say, "There is a common misconception that pedestrians have right-of-way at crosswalks, but this is not the case." Instead of taking the time to think things out by reading the traffic code, some of you jumped the gun and ran your mouths. I bet you feel silly now. Now if I hurt your feelings, I'm not sorry because you're not the first people I p.o.'d nor the last.

    June 10, 2009 at 11:39 a.m.
  • thank you vox!

    That is the point most people miss. It is really just common sense.

    A pedestrian has the right away if he is already in the act of crossing an empty street (or when traffic is already stopped) when the car approaches (or when the ability for the car to continue becomes available). A pedestrian does not have the right to just stroll into active moving traffic.

    Its truly not a right of way issue, but rather a common sense safety issue. It becomes a right of way issue due to people ignoring common sense out of self glorification and delusions of invincibility.

    June 10, 2009 at 11:08 a.m.
  • I think some of you are misreading the law. There's TWO conditions that must be met for the pedestrian to have the right of way.

    1. There's no traffic signal in place (which is currently true for all of the trail crosswalks)

    AND

    2. The pedestrian is already halfway on the road or approaching so close to the road that there could be danger.

    So pedestrians DO NOT have the right of way if they are not yet in the road (halfway to be exact) or aren't close to the road. Now what 'close' means is open to interpretation.

    Just because there's no signal doesn't automatically give pedestrians the right of way. Use common sense. A car is going to win every time. If watching out for traffic is too difficult for you then you should turn around when you get to a crosswalk and go back the way you came.

    The thing that I've seen that worries me the most is people with strollers who dart across the street. I've seen this pretty frequently.

    June 10, 2009 at 10:55 a.m.
  • freethinker..."Texas law states that pedestrians have the right away in a crosswalk not the motorist. A motorist getting ticketed at a crosswalk for stopping for a pedestrian is absurd. Are you just suppose to run over the person?"

    This is a law that needs changing. As for your last question, No, you shouldn't just run over the person, but the pedestrian should have enough sense to not walk out onto a street with cars coming at 40-45 MPH. I suppose expecting common sense is unrealistic, though. There is no law that says laws have to make sense. The traffic laws are mainly to generate revenue for the city and this is a good way to do it. Make the law fly in the face of common sense and wait for someone acting sensibly to run afoul of the law then zap him with a $150 ticket.

    June 10, 2009 at 10:34 a.m.
  • Unless Detective Eisman knows something the Transportation Code doesn't, pedestrians actually do have the right away at marked crosswalks:

    Sec. 552.003. PEDESTRIAN RIGHT-OF-WAY AT CROSSWALK. (a) The operator of a vehicle shall yield the right-of-way to a pedestrian crossing a roadway in a crosswalk if:

    (1) no traffic control signal is in place or in operation; and

    (2) the pedestrian is:

    (A) on the half of the roadway in which the vehicle is traveling; or

    (B) approaching so closely from the opposite half of the roadway as to be in danger.

    (b) Notwithstanding Subsection (a), a pedestrian may not suddenly leave a curb or other place of safety and proceed into a crosswalk in the path of a vehicle so close that it is impossible for the vehicle operator to yield.

    (c) The operator of a vehicle approaching from the rear of a vehicle that is stopped at a crosswalk to permit a pedestrian to cross a roadway may not pass the stopped vehicle.

    Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

    Sec. 552.005. CROSSING AT POINT OTHER THAN CROSSWALK. (a) A pedestrian shall yield the right-of-way to a vehicle on the highway if crossing a roadway at a place:

    (1) other than in a marked crosswalk or in an unmarked crosswalk at an intersection; or

    (2) where a pedestrian tunnel or overhead pedestrian crossing has been provided.

    (b) Between adjacent intersections at which traffic control signals are in operation, a pedestrian may cross only in a marked crosswalk.

    (c) A pedestrian may cross a roadway intersection diagonally only if and in the manner authorized by a traffic control device.

    Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

    June 10, 2009 at 10:15 a.m.
  • To bad you can’t just put speed bumps.

    June 10, 2009 at 10:12 a.m.
  • Those crosswalks do make me jittery. According to the transportation code (Chapter 552.003), pedestrians have the right of way at un-signaled crosswalks, although obviously folks on foot can't just jump in front of traffic. Not sure how to interpret this, though. If you see a car coming, but they have plenty of time to stop is it OK to walk into the crosswalk?

    June 10, 2009 at 10:05 a.m.
  • The trail crosswalk safety issue has been of great interest to me recently. Thanks for tapping the local-yocals as to when lights and other safety stuff will be installed. I stand corrected on the pedestrian/vehicle crosswalk rule of law. However, I found this info on the TX Dept. of Public Safety web site re: crosswalks. Maybe, this is why there is a "common misconception" regarding crosswalk right-of-way. Also, I was mis-informed about this issue when I took a defensive driving course a few years ago.

    TX Driver's Handbook page 5-21 states:

    "White crosswalk lines are painted on the road to indicate pedestrian crossing areas. Pedestrians should use these areas when crossing the road. At intersections where stop lines are missing, you must stop before the crosswalk when required to stop by traffic signs or signals or pedestrians."

    (The handbook is accessible online.)

    My main purpose when I first blogged about this a couple of weeks ago was to bring the safety issue to the public's attention. I did see some concerns about it. (I cleared out my blogs as I will not be blogging anymore. It is no longer viewable.)

    June 10, 2009 at 9:49 a.m.
  • Texas law states that pedestrians have the right away in a crosswalk not the motorist. A motorist getting ticketed at a crosswalk for stopping for a pedestrian is absurd. Are you just suppose to run over the person?

    June 10, 2009 at 9:44 a.m.
  • NOW MY TURN:
    Many points mentioned are valid, but, I would like to see a crosswalk light placed at the most heavily travelled roads.
    Why? It's cheaper than loss of life! We have them in place at some intersections, so, why not these? Whether it is a flashing light or a steady light to stop traffic, some IDIOT is going to run through it! Caution should always be exercised by pedestrians and drivers.
    Maybe the posted speed limit should be lowered, although that may pose a problem in itself. An overpass is too expensive(currently). I'm sure the city could come to a good decision that would satisfy everyone. If not, START A PETITION BEFORE SOMEONE GETS INJURED OR KILLED!
    Just my thoughts.

    June 10, 2009 at 9:30 a.m.
  • You have got to be kidding. I can't believe we have gotten to the point where it is too much to stop, look both ways and cross when it safe. This is a very nice walking trail and I love using it but I agree with n45ba and think people should yield to the traffic. We have sidewalks around some of the schools (outside of school zones) that Victoria's children use daily to walk home and they cross the street without any aid. I just believe If we are going to spend anymore money, there are a lot of other things that it could be used for.

    June 10, 2009 at 9:16 a.m.
  • If vehicles have the right of way, why do the kids at Crain Middle School act as if they own the streets? They constantly walk out into the streets in front of cars and everyone slams on their brakes.

    June 10, 2009 at 9:14 a.m.
  • watch for lawsuits against the City when the accidents start happening. In Texas Law, does it not say that smaller road (dirt) yields to larger road? These are cars but what do you do with people walking.

    I agree with N45BA.....also engineers should have had these walkways tie in at intersections the walkers could walk parallel to streets along neighborhoods till they get to a certified intersection after walking along the ditch.

    June 10, 2009 at 8:23 a.m.
  • Why not just put up a light that only turns red after a pedestrian presses the button just like any normal intersection. This would allow traffic to continue to flow and only stop when pedestrians are crossing. A flashing yellow light should do for now, but if the trails become more popular then I think a light for pedestrians would be safer.

    June 9, 2009 at 10:46 p.m.
  • How about a little over pass to keep traffic moving.

    June 9, 2009 at 9:39 p.m.