I know this thread is an old one.
Pedestrian should have the right of way most of the time. In Washington State you are required to yield to them at any marked crosswalk or any unmarked crosswalk. Still vehicles don't stop for them even when they should.
In Tacoma at least...
A recent accident has caused a lot of discussion about the law, and how it's put into action. And from what I learned, pedestrians have the right of way at an unmarked *once they are in the roadway*. If they are NOT in the roadway, if they are on the sidewalk still, we should NOT stop for them. Especially if there are two or more lanes of traffic each side, because the more middle lane cannot necessarily see what you're stopping for.
And that's what caused the accident. Two middle school kids going to school, at a sidewalk in a neighborhood. Delivery van closest to them stopped. Small car that didn't see the girls past the van went, not knowing why the van was stopped. And he hit the girls. And was NOT found at fault, because the van should not have stopped since the girls weren't in the road. The van was making a decision for other lanes of traffic that didn't go along with the law. If it had been reversed, if it had been a small car stopped and the van hit them, I bet it would be different, since the van was up higher and should have been able to see the girls.
Yesterday we saw something that nearly made me get out of my car to yell at drivers. 2 lanes each side, near a school, kids were already released at half-day so it wasn't 20 mph time (4 hours past the kids getting out). Kids on bikes were at the marked, lighted crosswalk. Waiting until they had the "walk" sign. WE HAD THE GREEN LIGHT. And two cars in front stopped. We had the green light. The kids were waiting, appropriately. This isn't one of the newish crosswalks where you hit a button and it flashes yellow for drivers to stop. This was a proper crossing with red/yellow/green light for the drivers, and the walk/don't walk sign for the pedestrians. The kids were doing it right. Both lanes in front of me stopped. The people on the OTHER side kept going, as well they should, because they had the green light.
And finally the kids caved in and went, before they had their Walk sign, because the wrong wrong wrong drivers pressured them into going.
It was madness.