Understanding Driver Responsibilities When Passing Pedestrians in Mississippi

"How far does a driver have to get over when passing a pedestrian on a public roadway?"

This question came up last week, and frankly I did not know the answer. So, we did some research on the subject, and like most things in the legal world, "it depends."

Miss. Code Ann. § 63-3-1112 states that "every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian. . . ."

The reckless driving statute may also apply, in that it prohibits driving in such a manner that is a "willful or a wanton disregard for the safety of persons or property. Miss. Code Ann. § 63-3-1201.

Another one on point is Miss. Code Ann. § 63-3-505, which provides that a driver must "decrease speed . . . with respect to pedestrians or other traffic."

Those are some good guidelines, but nothing concrete like the "3 feet rule" as it pertains to overtaking cyclists. See Miss Code Ann. § 63-3-1309.

In 2021, Mississippi ranked 6th for pedestrian fatalities according to a recent National Highway Traffic Safety Administration study. https://www-fars.nhtsa.dot.gov/states/statespedestrians.aspx 

Please remember that pedestrians are subject to all traffic control signals at intersections. They have the right-of-way at clearly marked crosswalks, and if no crosswalk exists, the driver then has the right-of-way.

It seems like the intent of the law right now is for the determination to be made on a case-by-case-basis if a pedestrian is either hit or nearly hit by a driver.

Should Mississippi clearly spell out the duty of the driver when overtaking a pedestrian?

Or, is the requirement to "exercise due care," and "reduce speed" when passing a pedestrian clear enough?