[T]he fact that [appellant] did not see [appellee] until [he] was [one car length] in front of [her] vehicle, which [she] admitted in [her written statement], was alone sufficient to indicate a jury issue on the question of [her] negligence in failing to maintain a proper lookout ahead." Hollis v. Lipp, 118 Ga. App. 575, 576 ( 164 S.E.2d 885) (1968). Moreover, "[t]he driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left thereof at a safe distance...."

Hence, the only lawful crosswalk is that defined by § 68-1504(3) (a), and there is no evidence in this record that would authorize a finding that the plaintiff was in it. In that situation the driver of the automobile has the right of way and a charge to the effect that the pedestrian has equal rights is erroneous. Griffin v. Odum, 108 Ga. App. 572 ( 133 S.E.2d 910); Hollis v. Lipp, 118 Ga. App. 575 ( 164 S.E.2d 885). "Every pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway: Provided, however, that this section shall not apply to roadways in areas where there are no crosswalks or intersections at which pedestrians may cross the roadway, but that on such roadways in such areas pedestrians crossing the roadway shall have equal rights with vehicles on the roadway."