Who has the right-of-way in a one or two-way stop intersection, cars or pedestrians?

Question

Pedestrians are told to cross at intersections or crosswalks. It is said that they have the right-of-way at intersections with crosswalks or stop lights or signs for the road they are crossing. However, if they cross the road where there is no crosswalk or intersection nearby, the must yield right-of-way to cars. But what about intersections with no crosswalk or stop lights or signs for the road they are crossing? The law is not clear on the SAAQ site, neither in the highway code. I'm talking about a one or two-way stop intersection, so the street the pedestrian is walking on has a stop sign (maybe only in the opposite direction the pedestrian is walking though, if walking opposite a one-way street), but the crossing street doesn't. This is not an intersection with missing or damaged stop signs or lights, it's meant to not have stops signs for one of the roads. So it's not treated as a four-way stop. Crosswalks are generally put at places where there is no intersection, so maybe intersections would default to right-of-way if crosswalks are not needed. Crosswalks are visible with white lines, when there.

Edit: I found another page that may explain that pedestrians are to be yielded to at intersections (it doesn't make a type explicit),

Yield the right of way to pedestrians at intersections

so that may clear things up, though I haven't seen it so clear in the highway code.

People can answer for different regions if they want, for reference for the question.

Answer 1

It is never acceptable to hit a pedestrian in an accident that can be avoided. When push comes to shove, the vehicle must yield to the pedestrian.

Probably the best approach is to assume that there is an implied in law crosswalk at an unmarked intersection, even if it is not visibly marked. The highway code does not appear to define the term "crosswalk."

402. Unless otherwise directed by a sign or signal, the driver of a road vehicle or a cyclist must, at an intersection or junction, yield the right of way to any vehicle moving on his right on the roadway he is about to cross or enter where the vehicle or cyclist is so close that crossing or entering the roadway would constitute a hazard.

403. The driver of a road vehicle or a cyclist who leaves private property to cross or enter a public highway must yield the right of way to any vehicle or pedestrian moving on the highway..

404. The driver of a road vehicle or a cyclist on a public highway who is about to enter private property must yield the right of way to any road vehicle, cyclist or pedestrian moving on the highway.

405. The driver of a road vehicle or a cyclist must yield the right of way to a pedestrian who is crossing a roadway facing a steady, white signal representing a walking figure, or a flashing pedestrian light.

406. At an intersection regulated by traffic lights, the driver of a road vehicle or a cyclist must yield the right of way to a pedestrian facing a green light.

407. When a pedestrian enters or clearly demonstrates the intention to enter a pedestrian crosswalk, the driver of a road vehicle must stop his vehicle to allow the pedestrian to cross. At such a crossing, a cyclist must also give pedestrians the priority.

Section 446-447 applicable to pedestrians state:

At a pedestrian crosswalk not situated at an intersection regulated by traffic lights, a pedestrian must, before crossing the roadway, ascertain that he can do so in safety.

Where there are no clearly identified intersections or pedestrian crosswalks in the immediate area, a pedestrian crossing a public highway must yield the right of way to the road vehicles and cyclists moving on it.

In this case there is an intersection in the immediate area, but there are no visible crosswalks, so the code has no clear guidance and the general concern about not hitting pedestrians probably prevails.

Answer 2

australia

From the Road User's Handbook p.72:

Give way to pedestrians

As a driver, you must give way to pedestrians:

• at pedestrian and children’s crossings

• when turning at intersections

• when doing a U-turn

• in shared zones

• when entering or leaving a driveway.

Always slow down and be prepared to stop if there’s any danger of colliding with a pedestrian even if they do not have right of way or are jaywalking (crossing the road illegally).

It says elsewhere that you have to obey traffic lights, so there's that too.

Assuming it isn't a crossing, a shared zone, or a traffic light, turning vehicles give way to pedestrians, and pedestrians give way to straight-through vehicles.

Of course, if a vehicle collides with a pedestrian, the driver is getting booked even if they had the right of way - rule No 1: don't collide with anything, especially pedestrians.