Do pedestrians always have priority on pedestrian crossings?

Many drivers and pedestrians in Poland are still unsure who has the right of way at a pedestrian crossing. The prevailing beliefs are often at odds with the law, which leads to misunderstandings and even dangerous situations on the road. In this article, we explain step by step when a pedestrian has the right of way at a pedestrian crossing, and when they should yield to the driver.

What does the law say? Current regulations (2024/2025)

In accordance with the Road Traffic Law (Article 26 of the Act of 20 June 1997) in force in Poland:

"A vehicle driver approaching a pedestrian crossing is obliged to exercise particular caution and give way to any pedestrian on the crossing or entering it."

This means that:

• pedestrians no longer need to be physically on the crossing to have priority,
• it is enough that he is clearly heading towards the crossing (e.g. he is standing at the curb and waiting to enter),
• the driver is obliged to let him pass.

This change comes into effect on 1 June 2021 and is intended to increase pedestrian safety.

Does a pedestrian have absolute priority?

No. Although the law clearly gives pedestrians greater rights, this does not mean that they have unconditional priority in every situation.

Pedestrians also have obligations:

• must exercise special caution,
• you cannot enter directly in front of an oncoming vehicle if the driver is unable to stop,
• It is forbidden to use a telephone or other electronic devices while entering the crossing (e.g. writing a text message).

In short: a pedestrian has the right of way, but he or she cannot exercise it “by force”, risking his or her life.

What does a driver have to do?

• When approaching crossings, drivers should reduce speed and observe their surroundings.
• If a pedestrian is approaching a crossing or gives a signal to enter, you should stop.
• Before crossings on roads with several lanes, drivers must also avoid overtaking or passing when someone has stopped in front of the crossing.

Exceptions – when does a pedestrian not have priority?

There are situations in which a pedestrian does not have the right of way, for example:

• is crossing in a prohibited place (outside the crossing),
• crosses the road with the tracks without a designated crossing,
• enters a pedestrian crossing with a red light (if there are traffic lights),
• suddenly enters the roadway without making sure that he can do so safely.

In such cases, the pedestrian is responsible – both legally and in the context of a possible accident.

Why it matters – practical examples

• A pedestrian who stops at the curb and looks at the cars should be allowed to cross.
• If a pedestrian is talking on the phone and does not notice an oncoming car, he or she may be fined.
• A driver who fails to stop despite obvious signals for a pedestrian to enter the crossing may receive a PLN 1,500 fine and 15 penalty points.

Lanes without signals – who has more responsibility?

At crossings without traffic lights, the responsibility for safety lies primarily with the driver, who is obliged to anticipate the behavior of pedestrians. But pedestrians also need to be attentive – they should not rely solely on the fact that the car will stop.

Advice for pedestrians: How to cross safely?

1. Stop before the crossing and look both ways.
2. Maintain eye contact with the driver – make sure they see you.
3. Do not enter suddenly – even if you have the right of way.
4. Avoid phones and headphones – your attention is crucial.

Summary

Does a pedestrian always have the right of way on a pedestrian crossing?

👉 Not always, but in most cases yes – provided they behave sensibly and in accordance with the regulations.

For your own safety, it is worth knowing your rights, but it is even more important to apply them sensibly. Both drivers and pedestrians have a common goal: to reach their destination safely.