Pedestrian rights of way

So, the question is simple. Do pedestrians always have priority on roads even if:

1 - They walk in nondesignated walking areas?

2 - They decide to walk at red traffic lights without attention to cars?

3 - They jump in front of your car in highway(may be for suicide or ...)?

Just wondering what law says here.

Please excuse my poor German on reading the law.

Thanks.

I don't know a definite answer but I heard that pedestrians have right of way at all times, so yes; if they jump out in front of you when you're driving, it's your fault. Don't take my word on this though.

I asked this question specifically to a driving instructor, given the number of times I've had cars nearly hit me when I was jaywalking. My info: pedestrians do not have right of way when crossing a road illegally (against a red light, or not at an intersection). At the same time, drivers do not have the right to hit or kill pedestrians. So this ends up as a kind of legally sanctioned game of chicken. It was a bit unclear if endangerment is illegal, nor exactly how that would be defined. Based on how drivers have treated me as a pedestrian, I'd guess endangerment is fine*, as long as you don't hit someone.

Keep in mind pedestrians always have the right of way if they are in or have the intent to enter a zebra crossing. Bicyclists do not have right of way on a zebra crossing, if they are riding their bike. They only have priority if they are walking their bike (since legally zebra crossings must be walked, not ridden across).

* I haven't seen the police bust anyone for reckless driving in such a situation yet - though I suppose it could happen.

Finally, this law is definitely different than in, say California, where pedestrians always have priority, whether legally or illegally crossing. So driver (and pededstrian) beware.

This seems like a funny question... did you hit someone? Or did you get yelled at for almost hitting a pedestrian.

Yeah, as stated, pedestrians must also follow the rules. But I wasn't about to hit the woman running with her child against the red light to get to the school bus during my driving test

Obviously you should have got out and blown her away with your handgun. After you'd put on your ankle splints, of course.

Always best to assume they have right of way at all times. The pedestrian is ALWAYS in the right, unless you, the driver can prove otherwise, e.g. negligence on behalf of the pedestrian. The burden of proof always lays with the driver. Cyclists are always 50% right from the outset.

It's so ironic that in CA pedestrians have more rights of way- having lived nearly my whole life in San Diego, I would NEVER feel as safe walking/biking as I did in Munich! Maybe they ought to move the traffic lights back from across the intersection to behind the pedestrian line (like they have in Germany) so drivers are forced to stop behind the line. Also the no turn on red lights idea is a good one too as drivers never look for bikes or pedestrians crossing in their hopes of making the turn.

>>The pedestrian is ALWAYS in the right

As opposed to always has the right-of-way?

I understand the burden of proof argument, and in general using common sense as pedestrians are typically the frailest user of a road (those in battle armor excluded). As I mentioned, when asked directly, my licensed instructor told me that illegal crossings by pedestrians do not give them the right-of-way (burden of proof aside). Do you have info otherwise? A link in the massive StVO at your fingertips?

kitty-kat: Never have I seen more cars deliberately speed up when spotting a pedestrian crossing the middle of the road, than in Munich. I wouldn't be surprised if instilling fear is an optional training activity at the BMW track. Special bonus programs for tailgating at 200kph.

This makes good sense because drivers often do not notice pedestrians, and many drivers can't see worth a damn. My father for one. He should not be allowed to drive. He is near blind. I keep forgetting that not all drivers have perfect vision, so I just think of him.

An example of why the StVO may be right in principle but where in reality it doesn't matter a toss. Even if, like me, you've had a green light to turn right and the pedestrian crossing is also showing red to pedestrians but a pedestrian decides to merrily ignore the rules and stroll across in front of you, what are you going to do? If you can brake, you do it and screech to a halt, pointing out that they're running a ped red light. They give you a smile and a look that says "f*** off you environmentally-unfriendly t***" and they're on their ignorant-as-f*** way. You're not going to carry on and run them over just for acting like a dick... you just remember what they look like and then accidentally ram them with your shopping trolley if you encounter them later in the supermarket... hypothetically speaking, of course. Not that I would have deliberately looked the other way and then skinned the bitches ankle with the edge of the trolley...