Pedestrian rights and responsibilities in traffic: what everyone needs to know
Jalakäija, jalgratturi ja elektritõukeratturi õigused ülekäigurajal tekitavad Eestis endiselt palju segadust. Eriti sageli arvatakse, et „sebra” annab automaatselt eesõiguse kõigile, kes seda mööda teed ületavad. Tegelikult sõltub olukord sellest, kas inimene liigub jalgsi, tavalise tõukerattaga, elektritõukerattaga või jalgrattaga ning kas ta sõidab või lükkab ratast käekõrval.
It is also important to know that, in the event of a traffic accident, liability is not determined solely by the fact that the collision took place at a pedestrian crossing. The actions, speed, visibility and duty to yield of both road users are assessed, as well as whether the accident could have been avoided.
A pedestrian and a cyclist or electric scooter rider who is riding are not in the same legal position at a pedestrian crossing. Cyclists and riders of light mobility devices may cross while riding over a zebra crossing, but they must do so at a pedestrian’s normal walking speed and do not automatically have right of way over a car travelling straight ahead simply because they are on the pedestrian crossing.
Quick answer: who has right of way at a zebra crossing?
| Road user | Status | May they cross while riding? | Right of way over a car travelling straight ahead? |
|---|---|---|---|
| Person travelling on foot | Pedestrian | — | Yes, but before stepping onto the road, one must make sure that it is safe to cross. |
| Regular scooter user | Pedestrian | Yes, at a pedestrian’s normal walking speed | Yes, the rules for pedestrians apply to them. |
| Electric scooter rider | Rider of a personal light electric vehicle | Yes, at a pedestrian’s normal walking speed | Generally, no, if the car is driving straight. |
| Cyclist riding a bicycle | Driver | Yes, at a pedestrian’s normal walking speed | Generally, no, if the car is driving straight. |
| A person pushing a bicycle | Pedestrian | Travels on foot | Yes, the rules for pedestrians apply to them. |
Who is considered a pedestrian under the Traffic Act?
The simplest case is a person who is walking. However, under the Estonian Traffic Act, several other road users are also considered pedestrians.
Pedestrians include, among others:
- a person walking;
- a person using a device intended for a person in a wheelchair or with other limited mobility;
- a user of an ordinary scooter powered by human muscle;
- skateboard users;
- roller skaters;
- a person pushing a bicycle alongside them.
The same applies to bicycles: a person riding a bicycle is a driver, but when they get off and push it alongside them, they are considered a pedestrian under the Traffic Act.
Where should a pedestrian walk?
Pedestrians must primarily use the path or part of the road designated for them—for example, a pavement or footpath.
If there is no sidewalk, the rules depend on the type of road.
On a two-way road outside a built-up area without a central reservation and with no sidewalk, pedestrians should generally walk on the left-hand shoulder or, if there is no shoulder, close to the left edge of the roadway. This allows them to see oncoming vehicles.
There is an exception, however: a person who pushes a bicycle alongside them must, when moving on the road, keep close to the edge on the side of traffic moving in the same direction, or on the right-hand side, and, where possible, stay off the road.
Is a reflector mandatory only outside built-up areas?
This is a common misconception.
Under the Traffic Act, a pedestrian must use a reflector or light source when moving on the road in poor visibility or in the dark. The law does not limit this requirement to roads outside built-up areas.
Therefore, the claim “you do not need to wear a reflector in town” is an oversimplification.
It is especially important to make yourself visible in autumn and winter, when a driver may notice a person wearing dark clothes only from a very short distance away.
How should a pedestrian cross the road?
If a pedestrian crossing, crossing point, intersection, footbridge or tunnel is within 100 metres, the pedestrian must use it.
If there is no such place within 100 metres, you may cross the roadway elsewhere, but only if it is clearly visible in both directions and crossing does not create a traffic hazard.
Signal-controlled pedestrian crossing
At a signal-controlled pedestrian crossing, traffic lights must be obeyed.
Even a green light does not mean you can step into the road without paying attention. Before crossing, always make sure that the vehicles have actually stopped.
Uncontrolled pedestrian crossing, or an ordinary “zebra crossing”
It is important to understand that both sides have obligations.
A driver approaching an uncontrolled pedestrian crossing must drive at a speed that does not endanger a pedestrian who has stepped onto or is stepping onto the crossing. If necessary, the driver must stop.
However, pedestrians must not step onto the roadway without looking.
Before crossing the road, pedestrians must:
- assess the distance of an approaching vehicle;
- assess its speed;
- give the driver an opportunity to slow down smoothly or stop;
- make sure the driver has noticed them;
- make sure that crossing the road is safe.
Having the right of way does not mean you have the right to step out suddenly in front of an approaching car.
Regular scooter: a pedestrian under the law
The situation with a regular scooter is different from that with an electric scooter.
If a person moves a scooter using their own muscle power, they are considered a pedestrian. This means that, in general, the rights and obligations of pedestrians apply to them.
There is, however, a special rule for crossing the carriageway: a pedestrian using a skateboard, roller skates, a regular scooter, or a similar device must cross the road at a pedestrian’s normal walking speed.
Electric scooter: completely different rules
A person riding an electric scooter is usually not a pedestrian, but a light electric vehicle rider.
This significantly changes the question of who has priority at a pedestrian crossing.
A light electric vehicle may be ridden, for example:
- cycle lane;
- on the cycle path;
- on the cycle and pedestrian path;
- on the pedestrian path;
- on the sidewalk.
However, riding on the sidewalk does not mean having the right to move among pedestrians at high speed.
When passing close to a pedestrian, a light personal mobility vehicle rider must travel at a speed that does not differ significantly from the pedestrian’s speed and allows them to pass safely.
How should an electric scooter rider approach a pedestrian crossing?
This is one of the most important rules in the article.
When an electric scooter rider is travelling along a sidewalk, pedestrian path, cycle path, or cycle and pedestrian path and reaches a point where it intersects a roadway, they must:
The Transport Administration’s road safety materials use approximately 3–7 km/h as a guide to a pedestrian’s normal walking pace. The law itself does not specify a particular number of kilometres in this provision, but uses the term “a pedestrian’s normal walking pace”.
Therefore, the requirement is not necessarily “stop before every zebra crossing”.
The requirement is: slow down and cross the road at a pedestrian’s normal walking pace.
When visibility is limited, the speed must be low enough for the rider to be able to stop within the range of visibility and before any potential obstacle.
Can you ride an electric scooter across a “zebra crossing”?
Yes. An electric scooter rider does not necessarily have to dismount to do so.
However, when riding, the pedestrian crossing must be crossed at a pedestrian’s normal walking pace.
The same principle applies to cyclists.
Does a cyclist have to get off their bike at a “zebra crossing”?
No.
In Estonia, cyclists may also cross a pedestrian crossing while riding their bicycles. However, they too must cross the roadway at a pedestrian’s normal walking speed.
When a cyclist rides onto an uncontrolled pedestrian crossing, they do not automatically have right of way over a car travelling straight ahead.
However, if they get off the bicycle and walk beside it, they are considered a pedestrian under the law and must follow the rules for pedestrians at a crossing.
When must a car give way to a cyclist or an electric scooter rider?
One important exception is a car making a turn.
When a driver turns onto a road that a cyclist or electric scooter rider is crossing, the driver must give way to them in that situation.
A car approaches an intersection and turns right. A cycle and pedestrian path runs alongside the road, and an electric scooter rider continues straight across the side road along it. In this situation, the driver cannot rely on the principle, “They’re on a scooter, so they must always give way to me.”
When completing a turn, the driver must take into account pedestrians, cyclists and riders of light mobility vehicles travelling straight ahead.
Of course, traffic signs, traffic lights and other traffic controls must always be observed as well.
What happens if an electric scooter rider speeds onto a pedestrian crossing and is hit by a car?
“The accident happened at a pedestrian crossing, so the driver is at fault.”
It is not that simple.
Let’s take an example.
An electric scooter rider is travelling quickly along the pavement and reaches an uncontrolled pedestrian crossing. They do not slow down, but ride straight onto the carriageway at the same speed.
At the same time, a car is travelling straight along the carriageway.
If the scooter rider appears in front of the car so suddenly that the driver is objectively unable to avoid a collision, the scooter rider’s conduct may be very important when assessing responsibility for the accident.
The electric scooter rider was required to:
- reduce speed before crossing the carriageway;
- cross the road at a pedestrian’s normal walking pace;
- when visibility is limited, choose a speed that allows them to stop;
- not to endanger other road users.
They also did not automatically have the right of way over a car travelling straight ahead while riding across an uncontrolled pedestrian crossing.
Does this mean that the driver is definitely not at fault?
No. That cannot be assumed automatically either.
The driver is also obliged to remain attentive and not endanger pedestrians, cyclists or electric scooter riders.
The following, for example, may be relevant when assessing the accident:
- how fast the electric scooter was travelling;
- how fast the car was travelling;
- what the speed limit was;
- whether the driver was watching the road;
- what the visibility was like;
- whether the scooter rider emerged from behind a building, hedge, parked car or other obstruction;
- how far away the car was when the scooter rider entered the road;
- whether the driver braked;
- whether the collision could have been avoided;
- whether the car was travelling straight or turning;
- which traffic signs or traffic lights were controlling the situation;
- what the dashcam or street camera footage shows;
- what the witness statements say.
Therefore, depending on the circumstances, responsibility may lie with either road user, or both may have contributed to the accident.
“Being at fault” and insurance compensation are not the same thing
In the event of a traffic accident, at least two questions must be distinguished:
- who violated the traffic rules and is responsible for the accident;
- who is liable for the resulting damage and to what extent.
Need does not always give exactly the same answer.
In its explanations, the Estonian Traffic Insurance Fund gives an example of a situation in which an e-scooter rider carelessly pulls out in front of a car at a pedestrian crossing, and the driver is unable to avoid the accident.
In such a situation, under certain conditions, the car’s compulsory motor insurance may nevertheless compensate the e-scooter rider for personal injury and other damage, because civil law treats a motor vehicle as a source of increased danger.
At the same time, the car owner may be entitled to claim from the e-scooter rider, to the extent of their liability, compensation for damage caused to the car or for the deductible under the comprehensive insurance policy, for example.
Therefore, after such an accident, you should not draw conclusions solely from whose insurance paid out.
Can an e-scooter rider or cyclist be fined?
Yes.
Section 259 of the Traffic Act provides, among other things, for a fine for traffic violations by pedestrians, personal light electric vehicle riders and cyclists.
For an ordinary offense, the penalty may be up to 15 fine units.
The value of one fine unit is 8 euros, so this means a monetary fine of up to 120 euros.
If the same violation:
- a person is injured through negligence;
- property damage is caused;
- a traffic hazard is created;
- or other aggravating circumstances specified by law are present,
the fine may be up to 100 penalty units, or 800 euros.
The specific penalty always depends on the circumstances of the case.
But what if the driver was the one who broke the traffic rules?
The driver's liability is also assessed separately.
If a driver fails to give way to a pedestrian at an uncontrolled pedestrian crossing as required by law, this may constitute a traffic offence.
If a breach of traffic rules causes personal injury or property damage, the consequences may be considerably more serious.
In the case of a traffic accident resulting in serious bodily injury or a person's death, criminal proceedings may follow, depending on the circumstances. The Penal Code contains separate provisions on traffic offences for such cases.
Cycling on the pavement: is it always allowed?
No. This is where a bicycle differs from an electric scooter.
As a rule, riding a light electric vehicle—for example, a compliant electric scooter—on the sidewalk is permitted.
However, cyclists must primarily use a cycle lane, cycle path, shared-use path, roadway or road shoulder.
Cycling on a sidewalk or footpath is permitted in the cases provided for by law, for example when riding on the roadway, road shoulder or cycle lane is significantly more difficult because of the condition of the road or traffic conditions, and there is no suitable cycle path or shared-use path.
The law also provides for exceptions, for example:
- for a cyclist under 13 years of age;
- to the extent provided by law for the cyclists accompanying them;
- for a cyclist transporting a small child in a bicycle seat or trailer;
- for a cyclist with a mobility impairment.
Therefore, it is not correct to generalize that every adult cyclist may always ride on the sidewalk.
Pedestrians and light electric vehicles on the same sidewalk
The widespread use of electric scooters has made sidewalks a more complex traffic environment than before.
Pedestrians are particularly vulnerable on the sidewalk, and light electric vehicle riders must reduce their speed near them.
When an electric scooter rider passes a pedestrian at close range, their speed must not differ significantly from the pedestrian’s speed and must allow them to pass safely.
Children on bicycles and electric scooters
A cyclist, light-mobility vehicle driver, or moped driver under 16 years of age must wear a securely fastened bicycle helmet when riding on the road.
Bicycle helmets are generally not mandatory for adults, but their use is strongly recommended from a road safety perspective.
Slow down before crossing the road, look both ways, and don’t assume that the driver has seen you.
A child on an electric scooter or bicycle can reach the road from much farther away in just a few seconds than a person walking, which is exactly why a driver may have very little time to react.
A pedestrian crossing and a pedestrian crossing point are not the same thing
These concepts are also often confused.
A pedestrian crossing is usually a “zebra crossing” marked on the road surface, where designated right-of-way rules apply between pedestrians and drivers.
A crossing point is a place designed for crossing the roadway, but pedestrians do not necessarily have the same right of way there as at an uncontrolled pedestrian crossing.
Therefore, always follow traffic signs, road markings and the general traffic arrangements, rather than relying solely on the fact that a lowered kerb or another convenient crossing point has been provided.
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Common mistakes made by pedestrians
Stepping into the roadway while holding a phone
A person looking at a screen may fail to notice an approaching car or judge its speed.
The assumption that “a zebra crossing always means absolute right of way”
Pedestrians are strongly protected at uncontrolled pedestrian crossings, but they too must make sure before stepping onto the road that the driver has noticed them and can react safely.
Setting off from behind a stationary car or another obstacle
The Traffic Act prohibits entering the roadway from behind an obstruction without first making sure that no vehicle is approaching.
No reflector
When travelling on the road at night or in poor visibility, a pedestrian must use a reflector or a light source.
Common mistakes made by cyclists and electric scooter riders
Riding onto a pedestrian crossing at full speed
One of the most dangerous mistakes. The road must be crossed at the normal walking speed of a pedestrian.
The belief that “I’m on the zebra crossing, so the car has to stop”
A cyclist or light personal mobility vehicle driver who is riding does not have such general priority over a car travelling straight.
Passing pedestrians too quickly
On a sidewalk or shared path, speed must be reduced considerably near pedestrians.
Riding in the dark without lights
A bicycle and a light vehicle must have a white front light and a red rear light in the dark or in conditions of poor visibility.
What should you do if a car collides with a bicycle or an electric scooter?
If someone is injured, first assess their condition and call for help if necessary.
To clarify the circumstances of a traffic accident later, it is useful to:
- record the positions of the vehicles and road users;
- take photographs of the scene;
- preserve the dashcam recording;
- collect witnesses' contact details;
- record traffic signs and traffic lights;
- not to rely solely on a verbal agreement if the parties’ accounts of what happened differ.
In a collision between an electric scooter or bicycle and a car, speed, visibility, and the point and moment at which the cyclist entered the road may later prove decisive.
Frequently asked questions
Does a cyclist have to dismount at a pedestrian crossing?
No. A cyclist may cross a pedestrian crossing while riding, but must do so at the normal walking speed of a pedestrian. While riding, they generally do not have priority over a car travelling straight at an uncontrolled pedestrian crossing.
Does an electric scooter rider have to stop before the pedestrian crossing?
The law does not necessarily require a complete stop before every pedestrian crossing. However, a light personal mobility vehicle driver must reduce speed before crossing the road and cross at the normal walking speed of a pedestrian. If necessary, safe road use also means stopping.
Does a car have to give way to an electric scooter rider at a pedestrian crossing?
If an electric scooter rider crosses an uncontrolled pedestrian crossing while riding and a car is travelling straight, the light personal mobility vehicle driver does not have priority over the car merely because they are on a “zebra crossing”. A different situation may arise, for example, if the car turns onto the road that the light personal mobility vehicle driver is crossing.
What happens if an electric scooter rider suddenly speeds out in front of a car?
If they did not reduce their speed before crossing the road and suddenly rode in front of a car, this may constitute a traffic rule violation by the light personal mobility vehicle driver. However, the driver's liability is also assessed—including their speed, attentiveness and ability to avoid the collision.
Is a regular scooter user considered a pedestrian?
Yes. A person using an ordinary scooter propelled by human power is considered a pedestrian. A person riding an electric scooter is generally a light personal mobility vehicle driver.
Is a person pushing a bicycle alongside them a pedestrian?
Yes. If a cyclist gets off the bicycle and walks beside it, the rules for pedestrians apply to them.
Do you have to wear a reflector in the dark in town?
The Traffic Act stipulates that in poor visibility or at night, when travelling on the road, a pedestrian must use a reflector or a light source. This obligation is not limited to roads outside built-up areas.
Summary: a “zebra crossing” does not give everyone the same rights
The most important thing to remember is one difference:
A driver must give way to a pedestrian at an uncontrolled pedestrian crossing, but the pedestrian must also make sure it is safe to cross before stepping onto the road.
Cyclists and electric scooter riders may ride across a pedestrian crossing, but must do so at an ordinary pedestrian's walking speed and generally do not have priority over a car travelling straight ahead.
If an electric scooter rider suddenly rides onto a pedestrian crossing at high speed and ends up in front of a car, the accident location alone is not enough to conclude that the driver is at fault. When determining liability, the entire traffic situation and the conduct of both parties must be assessed.
The best traffic rule is simple: the right of way does not replace caution.
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Sources
- Traffic Act — Riigi Teataja, in particular §-d 2, 22–26, 31, 32, 32¹, 35 and 259.
- Transport Administration — traffic rules and traffic safety materials for light vehicles.
- Estonian Traffic Insurance Fund — principles for compensating vehicle damage caused by a pedestrian or cyclist and for indemnity under traffic insurance.
- Penal Code — Riigi Teataja, provisions on traffic offences.
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