Idaho Code
Idaho Code

Idaho Code § 49-702 (2026)

Pedestrians’ right-of-way in crosswalks. 

✓ current as of May 2026
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Pedestrians’ right-of-way in crosswalks. 

(1) 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, to yield to a pedestrian crossing the highway within a crosswalk.

(2)  No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close as to constitute an immediate hazard.
(3)  Subsection (1) of this section shall not apply under the conditions stated in section 49-704(2), Idaho Code.
(4)  Whenever any vehicle is stopped at a marked crosswalk or at an unmarked crosswalk at an intersection to permit a pedestrian to cross the highway, the driver of any other vehicle approaching from the rear shall not overtake and pass the stopped vehicle.
(5)  Except where otherwise indicated by a crosswalk or other traffic-control devices a pedestrian shall cross the highway at right angles to the curb or by the shortest route to the opposite curb.
Notes of Decisions
Cited in 6 cases (2 in the last 5 years), 1961–2022 · leading case: State v. Trimming, 406 P.2d 118 (Idaho 1965).
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State v. Trimming, 406 P.2d 118 (Idaho 1965). · cites it 4× “" *127 The Department of Highways is authorized by I.C. § 49-702 on the basis of engineering and traffic investigations to fix and cause to be posted prima facie speed limits at variance with the provisions of I.”
State v. Paulson, 501 P.3d 873 (Idaho 2022). · cites it 2× “” (Citing Idaho Code § 49-702 (2).) Requested Instruction Number 5 provided: “Every pedestrian crossing a highway at any point other than within a marked crosswalk or within a [sic] unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the…”
State v. Wendler, 360 P.2d 697 (Idaho 1961). · cites it 2× “Defendant objected to the admission of the exhibit on the ground that the state had made no showing that the department of highways had determined the speed *218 limit "upon the basis of an engineering and traffic investigation” as required by the statute authorizing the…”
State v. George William Tischer (Idaho Ct. App. 2015). · cites it 16× “George William Tischer appeals from the district court decision affirming the judgment of the magistrate finding that Tischer committed the infraction of failure to yield to a pedestrian in a crosswalk, Idaho Code § 49-702 (1). For the reasons set forth below, we affirm.”
State v. Haugland, 338 P.3d 1232 (Idaho Ct. App. 2014). · cites it 10× “I.C. § 49-702. Upon initiating the traffic stop, the officer could smell the odor of alcohol coming from inside the vehicle, and Haugland was ultimately arrested for driving under the influence.”
State v. Paulson (Idaho 2022). · cites it 2× “” (Citing Idaho Code § 49-702 (2).) Requested Instruction Number 5 provided: “Every pedestrian crossing a highway at any point other than within a marked crosswalk or within a [sic] unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the…”
— Idaho Code § 49-702(1) — 2 cases
State v. George William Tischer (Idaho Ct. App. 2015). “George William Tischer appeals from the district court decision affirming the judgment of the magistrate finding that Tischer committed the infraction of failure to yield to a pedestrian in a crosswalk, Idaho Code § 49-702 (1). For the reasons set forth below, we affirm.”
State v. Haugland, 338 P.3d 1232 (Idaho Ct. App. 2014). “I.C. § 49-702. Upon initiating the traffic stop, the officer could smell the odor of alcohol coming from inside the vehicle, and Haugland was ultimately arrested for driving under the influence.”
— Idaho Code § 49-702(2) — 1 case
State v. Haugland, 338 P.3d 1232 (Idaho Ct. App. 2014). “I.C. § 49-702. Upon initiating the traffic stop, the officer could smell the odor of alcohol coming from inside the vehicle, and Haugland was ultimately arrested for driving under the influence.”
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