Idaho Code
Idaho Code

Idaho Code § 49-708 (2026)

Pedestrians on highways. 

✓ current as of May 2026
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Pedestrians on highways. 

(1) Where a sidewalk is provided and its use is practicable, it shall be unlawful for any pedestrian to walk along and upon an adjacent roadway.

(2)  Where a sidewalk is not available, any pedestrian walking along and upon a highway shall walk only on a shoulder, as far as practicable from the edge of the roadway.
(3)  Where neither a sidewalk nor a shoulder is available, any pedestrian walking along and upon a highway shall walk as near as practicable to an outside edge of the roadway, and, if on a two-way highway, shall walk only on the left side of the highway.
(4)  Except as otherwise provided in this title, any pedestrian upon a roadway shall yield the right-of-way to all vehicles upon the roadway.
Notes of Decisions
Cited in 10 cases (3 in the last 5 years), 1962–2023 · leading case: Petersen v. Parry, 448 P.2d 653 (Idaho 1968).
Sort: Relevance Newest Treatment
Petersen v. Parry, 448 P.2d 653 (Idaho 1968). · cites it 20× “This occurred less than 1/4 of a second before the actual impact of the two vehicles.”
Futrell v. Martin, 600 P.2d 777 (Idaho 1979). · cites it 6× “” On this appeal the appellants also point out the provisions of I.C. § 49-708 2 and claim that Martin was also violating this statute when he changed to the left hand lane of traffic, and hence the jury verdict was wrong as a matter of law.”
Bradbury v. Voge, 461 P.2d 255 (Idaho 1969). · cites it 8× “In response to an argument that the operator of that vehicle was entitled to a presumption of due care, the court said: "There is no question but what R[2]'s vehicle was being driven substantially upon the left (instead of the right) half of the roadway at the time of the…”
Rosenberg v. Toetly, 456 P.2d 779 (Idaho 1969). · cites it 2× “The uncontroverted evidence establishes that Toetly was in the wrong lane at the time of the collision in violation of I.C. § 49-708, which requires vehicles to be driven upon the right half of a highway, except in certain instances which are not pertinent here.”
State v. Paulson, 501 P.3d 873 (Idaho 2022). · cites it 2× “(Citing Idaho Code § 49-708 .) Finally, Paulson’s last proposed instruction, his Requested Instruction Number 9, provided: “A pedestrian who is under the influence of alcohol or any drug to a degree which renders her a hazard shall not walk or be upon a highway except on a…”
Mundy v. Johnson, 373 P.2d 755 (Idaho 1962). · cites it 2× “” Pertinent to the charge of negligence, based upon the driving of the automobile in the extreme right-hand lane, is I.C. § 49-708, which in part provides: “(b) Upon all roadways any vehicle proceeding at less than the normal speed of traffic at the time and place and under the…”
Smith v. Sharp, 375 P.2d 184 (Idaho 1962). · cites it 2× “I.C. § 49-708. I.C. § 49-701 (c) above quoted in reference to speed at intersections is applicable to this case.”
Woodman v. Knight, 380 P.2d 222 (Idaho 1963). · cites it 2× “” Although there was no audible signal given by Genzmer, the act of Knight in moving to the right shoulder of the highway might have been legitimately considered by Genzmer as an invitation to pass.”
State v. Hill (Idaho Ct. App. 2023). · cites it 4× “While the deputy reviewed Hill’s information and the statute prohibiting pedestrians on roadways, Idaho Code § 49-708 (2), the probation officer called.”
State v. Paulson (Idaho 2022). · cites it 2× “(Citing Idaho Code § 49-708 .) Finally, Paulson’s last proposed instruction, his Requested Instruction Number 9, provided: “A pedestrian who is under the influence of alcohol or any drug to a degree which renders her a hazard shall not walk or be upon a highway except on a…”
— Idaho Code § 49-708(2) — 1 case
State v. Hill (Idaho Ct. App. 2023). “While the deputy reviewed Hill’s information and the statute prohibiting pedestrians on roadways, Idaho Code § 49-708 (2), the probation officer called.”
— Idaho Code § 49-708(b) — 1 case
Woodman v. Knight, 380 P.2d 222 (Idaho 1963). “” Although there was no audible signal given by Genzmer, the act of Knight in moving to the right shoulder of the highway might have been legitimately considered by Genzmer as an invitation to pass.”
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