In California, pedestrians have legal rights. These include protections while they are in a crosswalk and the right to due care from drivers. Drivers who violate these rights and hurt a pedestrian can be held liable for the victim’s injuries. Pedestrians also have legal obligations. Violating those obligations can make the pedestrian liable or partially responsible for an accident.
4 California pedestrian laws
Broadly speaking, pedestrians in California have four basic rights:
- legal protections in crosswalks,
- legal protections on sidewalks,
- protections outside of crosswalks or sidewalks, and
- additional legal protections for blind pedestrians.
These apply to all pedestrians. Pedestrians include people who are:
- walking,
- riding something propelled by their own effort, except for a bicycle, or
- riding a motorized assistive mobility device because they cannot walk.[1]
This definition of “pedestrian” is very broad. It covers people using:
- scooters, unless the scooter is powered by electricity,
- skateboards,
- roller skates,
- skis, or
- rollerblades.
According to the Governors Highway Safety Association (GHSA):
There were 7,605 pedestrian fatalities across the country in 2022. 1,208 of those were in California.[2]
The personal injury lawyers at our law firm have found that pedestrian safety is particularly an issue in Los Angeles.
1. Crosswalk laws
California law requires drivers to yield the right-of-way to pedestrians in marked and unmarked crosswalks.
A crosswalk can be either:
- marked, where the road is painted with white lines, or
- unmarked, as an extension of the sidewalk where 2 roads meet at approximately right angles.[3]
Pedestrians in crosswalks have the right-of-way.[4] Drivers have to exercise caution to keep pedestrians in a crosswalk safe. Drivers have a legal duty to exercise care with a pedestrian in a crosswalk.
Drivers are also not allowed to block crosswalks with their vehicles.[5]
2. Sidewalk laws
Pedestrians have a right to the sidewalk. Driving on the sidewalk is generally prohibited.[6]
The only time drivers can legally drive on the sidewalk is to cross over it, generally from or into a driveway. If a pedestrian is on the sidewalk, the driver has to wait.[7]
3. Outside of a crosswalk or sidewalk
Pedestrians still have legal rights outside of a crosswalk or off a sidewalk. Drivers still have to exercise due care for a pedestrian who is on the roadway.[8]
However, if you are not in a crosswalk when crossing the road, you must yield the right-of-way to vehicles that would be an immediate hazard to you.[9]
4. Extra protections for blind pedestrians
California law aims to protect blind pedestrians by imposing additional penalties on drivers who hurt them.
Blind pedestrians are anyone:
- using the customary white cane, or
- with a guide dog.[10]
Drivers commit a criminal offense if they fail to yield right-of-way or take all reasonably necessary precautions to protect these blind pedestrians. The offense is a misdemeanor that carries:
- up to 6 months in jail, and/or
- between $500 and $1,000 in fines.[11]
Pedestrians do not always have the right-of-way
It is a myth that pedestrians always have the right-of-way. Pedestrians still have a duty of care for their own safety. For example, pedestrians do not have the right-of-way when they:
- suddenly walk or run into the path of oncoming traffic,[12]
- unnecessarily stop or delay traffic, even if they are in a pedestrian crossing,[13]
- walk in bike lanes when there is a path on the side of the road,[14]
- cross an intersection directly to the opposite corner, unless there is a marked crosswalk for it,[15] or
- cross the road when motor vehicles are close enough to constitute an immediate hazard.[16]
Jaywalking is also illegal in California. Jaywalking is crossing the street outside of a crosswalk at an intersection that has:
- a traffic signal device, or
- police officers doing traffic control.[17]
Under a new traffic law that went into effect in 2023, you can only be cited for jaywalking if you create an immediate risk of a collision.[18]
Jaywalking is an infraction that carries a fine of $196 plus fees and assessments.
Comparative negligence in pedestrian accidents
Pedestrians can be held liable for pedestrian accidents that they cause.
For example: Mary walks down the sidewalk while using her smartphone. She does not notice that she has walked into the roadway under the traffic light. She gets hit by an oncoming vehicle.
California’s personal injury law uses pure comparative negligence rules in these situations.[19] The jury in a personal injury case would assign each party a percentage of fault for the pedestrian accident. The victim in the case, typically the pedestrian, would then see their verdict reduced by their percentage of fault.
For example: Mary sues the motorist who hit her, Ben. The jury finds that Mary suffered $100,000 in medical bills and other legal damages from the car accident. However, the jury also finds that she was 90 percent at fault. Mary would recover $10,000 for her losses.
The pedestrian accident lawyers at our law firm have found that pedestrians are generally not responsible for their injuries. Those that are partially to blame can struggle to recover the compensation they deserve. This is particularly devastating in a wrongful death case.
Legal Citations:
[1] California Vehicle Code 467 VC.
[2] Governors Highway Safety Association, “Pedestrian Traffic Fatalities by State – 2023.”
[3] California Vehicle Code 275 VC.
[4] California Vehicle Code 21950 VC.
[5] California Vehicle Code 21970 VC.
[6] California Vehicle Code 21663 VC.
[7] California Vehicle Code 21952 VC.
[8] California Vehicle Code 21954 VC.
[9] Same.
[10] California Vehicle Code 21963 VC.
[11] Same.
[12] California Vehicle Code 21950(b) VC.
[13] Same.
[14] California Vehicle Code 21966 VC.
[15] California Vehicle Code 21955 VC.
[16] California Vehicle Code 21950(b) VC.
[17] California Vehicle Code 21955 VC.
