Road-rule mix: Pedestrian protection

At a marked crosswalk with no operating traffic signal and no pedestrian tunnel or overpass, a pedestrian is already crossing on your half of the road. What must you do?

Correct answer: Yield, slowing or stopping as needed to let the pedestrian cross safely.

Without an operating traffic signal, a driver must yield to a pedestrian in the crosswalk on the driver's half of the roadway, or approaching so closely from the opposite half as to be in danger. Slowing or stopping may be necessary. This scenario excludes the tunnel or overhead-crossing exception.

Source: New Hampshire RSA 265:35, Pedestrian's Right of Way in Crosswalks, I–III; paired with §265:36 I–II exceptions; official operative HTML body read October 1, 2026. ↗

A vehicle ahead stops at an unmarked crosswalk at an intersection to let someone cross. May you overtake and pass that vehicle while the pedestrian crosses?

Correct answer: No. The prohibition also covers an unmarked crosswalk at an intersection.

A driver approaching from behind must not overtake and pass a vehicle stopped to permit a pedestrian to cross at a marked crosswalk or an unmarked crosswalk at an intersection.

Source: New Hampshire RSA 265:35, Pedestrian's Right of Way in Crosswalks, IV; official operative HTML body read October 1, 2026. ↗

A pedestrian crosses midblock outside a crosswalk and fails to yield to your approaching car. What duty do you still have?

Correct answer: Exercise due care to avoid a collision, despite the pedestrian's failure to yield.

A pedestrian crossing outside a marked crosswalk or an unmarked intersection crosswalk must yield to vehicles. That does not remove a driver's independent duty to exercise due care to avoid colliding with a pedestrian.

Source: New Hampshire RSA 265:37, Drivers to Exercise Due Care; paired with §265:36 I, Crossing at Other Than Crosswalks; official operative HTML body read October 1, 2026. ↗

A young child is close to the roadway and appears unaware of traffic. Which response meets your duty toward the child?

Correct answer: Take proper precautions and be ready for unexpected movement into your path.

The due-care rule specifically requires proper precaution when a driver observes a child or an obviously confused, incapacitated or intoxicated person. A warning when necessary does not replace other precautions needed to avoid a collision.

Source: New Hampshire RSA 265:37, Drivers to Exercise Due Care, child and vulnerable-person precaution clause; official operative HTML body read October 1, 2026. ↗

A pedestrian with impaired vision is attempting to cross while holding a white cane extended in front of them. What must an approaching driver do?

Correct answer: Come to a full stop and take the precautions needed to avoid injury before proceeding.

The full-stop duty applies when a totally or partially blind person crosses or attempts to cross using a trained guide dog or a raised or extended white cane, including one tipped with red. Necessary precautions are required before proceeding.

Source: New Hampshire RSA 265:41, Care Required, first operative paragraph; official operative HTML body read October 1, 2026. ↗

A person with impaired vision is crossing without a white cane or trained guide dog. Does the absence of those aids remove the person's ordinary rights as a pedestrian?

Correct answer: No. The person retains the rights and privileges the law gives pedestrians.

The cane and guide-dog provision expressly preserves ordinary pedestrian rights for a totally or partially blind person who is not using those aids. Their absence is not permission to disregard the person's safety or applicable priority.

Source: New Hampshire RSA 265:41, Care Required, second operative paragraph; official operative HTML body read October 1, 2026. ↗