2018 New Mexico Statutes
Chapter 66 - Motor Vehicles
Article 7 - Traffic Laws; Signs, Signals and Markings; Accidents; Weight and Size; Traffic Safety
Section 66-7-339 - Pedestrians on roadways.
A. Where sidewalks are provided, it is unlawful for a pedestrian to walk along and upon an adjacent roadway.
B. Where sidewalks are not provided, a pedestrian walking along and upon a highway shall, when practicable, walk only on the left side of the roadway or its shoulder facing traffic that may approach from the opposite direction.
C. A person who violates the provisions of this section is guilty of a penalty assessment misdemeanor.
History: 1953 Comp., § 64-7-339, enacted by Laws 1978, ch. 35, § 443; 2018, ch. 74, § 47.
Cross references. — For duty of driver to take precautions when approaching blind person, see 28-7-4 NMSA 1978.
The 2018 amendment, effective July 1, 2018, provided a penalty for a violation of the provisions of this section, and made technical changes; and added Subsection C.
Drivers must anticipate pedestrian's presence and exercise reasonable care. — Drivers of automobiles and pedestrians both have the right to the use of the highway. The former must anticipate the presence of the latter and exercise reasonable care to avoid injuring them, commensurate with danger reasonably to be anticipated. Russell v. Davis, 1934-NMSC-076, 38 N.M. 533, 37 P.2d 536.
Law reviews. — For comment on Skeet v. Wilson, 76 N.M. 697, 417 P.2d 889 (1966), see 7 Nat. Resources J. 657 (1967).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 7A Am. Jur. 2d Automobiles and Highway Traffic § 287.
Who is "pedestrian" entitled to rights and subject to duties provided by traffic regulations or judicially stated, 35 A.L.R.4th 1117.
Motorist's liability for signaling other vehicle or pedestrian to proceed, or to pass signaling vehicle, 14 A.L.R.5th 193.
60A C.J.S. Motor Vehicles § 389.
