Pedstrian hit by car cited for jaywalking

WILMINGTON, NC (WWAY) -- Wilmington Police have cited a pedestrian hit by a car last night on S. College Rd.

Investigators say Jerome Torryce Banks, 56, of Wilmington, crossed in the middle of the 200 block of S. College Rd. around 9:45 p.m. when he was hit by a car. Police say the driver did not see Banks until it was too late. They say he was wearing dark clothes and there was very little street lighting.

Police cited Banks for failing to cross and a crosswalk. They say he may have suffered some broken bones.

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This should be interesting. The closes marked crosswalk is at Randall Pky.. I would fight this in court.

I assume getting clipped by a car will not be punishment enough. Probably be fines, court costs and such. How about a school on how to walk and cross the street safely? That would add a few more bucks to the coffers. Truly adding insult to injury if he is fined. Just a money grab.

There wouldn't have been any citation if the idiot hadn't walked into the path of an oncoming vehicle. And any addition of insult to injury is his own fault for failing to yield to the car. He could have very easily caused someone else to get injured by his carelessness.

The NC General Statutes govern pedestrian right of way when crossing a street--not much to fight in court, it's basically the law...

NC General Statutes:

20‑172. Pedestrians subject to traffic‑control signals.

(a) The Board of Transportation, with reference to State highways, and local authorities, with reference to highways under their jurisdiction, are hereby authorized to erect or install, at intersections or other appropriate places, special pedestrian control signals exhibiting the words or symbols "WALK" or "DON'T WALK" as a part of a system of traffic‑control signals or devices.

(b) Whenever special pedestrian‑control signals are in place, such signals shall indicate as follows:

(1) WALK. – Pedestrians facing such signal may proceed across the highway in the direction of the signal and shall be given the right‑of‑way by the drivers of all vehicles.

(2) DON'T WALK. – No pedestrian shall start to cross the highway in the direction of such signal, but any pedestrian who has partially completed his crossing on the "WALK" signal shall proceed to a sidewalk or safety island while the "DON'T WALK" signal is showing.

(c) Where a system of traffic‑control signals or devices does not include special pedestrian‑control signals, pedestrians shall be subject to the vehicular traffic‑control signals or devices as they apply to pedestrian traffic.

(d) At places without traffic‑control signals or devices, pedestrians shall be accorded the privileges and shall be subject to the restrictions stated in Part 11 of this Article. (1937, c. 407, s. 133; 1973, c. 507, s. 5; c. 1330, s. 31; 1987, c. 125.)

20‑174. Crossing at other than crosswalks; walking along highway.

(a) Every pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right‑of‑way to all vehicles upon the roadway.

(b) Any pedestrian crossing a roadway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right‑of‑way to all vehicles upon the roadway.

(c) Between adjacent intersections at which traffic‑control signals are in operation pedestrians shall not cross at any place except in a marked crosswalk.

(d) Where sidewalks are provided, it shall be unlawful for any pedestrian to walk along and upon an adjacent roadway. Where sidewalks are not provided, any pedestrian walking along and upon a highway shall, when practicable, walk only on the extreme left of the roadway or its shoulder facing traffic which may approach from the opposite direction. Such pedestrian shall yield the right‑of‑way to approaching traffic.

(e) Notwithstanding the provisions of this section, every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian upon any roadway, and shall give warning by sounding the horn when necessary, and shall exercise proper precaution upon observing any child or any confused or incapacitated person upon a roadway. (1937, c. 407, s. 135; 1973, c. 1330, s. 33.)

There are "Light controlled" intersections within approx.300ft of the block. Certainly sounds like JayWalking to me!

Isn't broken bones enough punishment?

If no tickets are issued, no one is at fault. If the person walking across the street was in the wrong, and appropriately ticketed, it may perhaps save the driver from an unnecessary lawsuit. I can totally agree with that. If you are at fault, and ticketed, take your lumps, and no reward.