by Andrew Fischer
From: massbike@cycling.org
The appropriate statute is Chapter 89 section 11, which reads:
MGLA 89 S 11
S 11. Marked crosswalks; yielding right of way to pedestrians; penalty
When traffic control signals are not in place or not in operation the driver of a vehicle shall yield the right of way, slowing down or stopping if need be so to yield, to a pedestrian crossing the roadway within a crosswalk marked in accordance with standards established by the department of highways if the pedestrian is on that half of the traveled part of the way on which the vehicle is traveling or if the pedestrian approaches from the opposite half of the traveled part of the way to within five feet of that half of the traveled part of the way on which said vehicle is traveling.
No driver of a vehicle shall pass any other vehicle which has stopped at a marked crosswalk to permit a pedestrian to cross, nor shall any such operator enter a marked crosswalk until there is a sufficient space beyond the crosswalk to accommodate the vehicle he is operating, notwithstanding that a traffic control signal may indicate that vehicles may proceed.
Whoever violates any provision of this section shall be punished by a fine of not more than one hundred dollars.
The key words are the first words "When traffic control signals are not in place or not in operation". In the William Spring accident, there were traffic signals, and William Spring was crossing against the traffif signal. While bicyclist/courier Gladstone should have stopped IF HE COULD, he did have the right of way and he was not violating the statute. Mr. Spring was crossing against the light.
Is that jaywalking? It depends on how you define "jaywalking".
Andrew M. Fischer
Bicyclist,advocate and attorney
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