California crosswalk laws give pedestrians the right of way in an unmarked crosswalk. However, you – as a pedestrian – still have to take due care for your own safety.
You cannot jump into traffic in a way that creates an immediate hazard. You also cannot unnecessarily delay traffic.
If you are a victim in a pedestrian accident, you can hold the driver who hit you liable and recover compensation.
Do pedestrians always have the right-of-way in an unmarked crosswalk?
Generally, yes. Whenever you are at an unmarked crosswalk, vehicles have to wait for you to move on.1 However, there are exceptions to this rule.
Under California Vehicle Code 21950 CVC, you still have a duty of care to preserve your own safety. This means that you cannot do any of the following if it would create an immediate hazard:
- suddenly leave the curb,
- walk or run into the path of an oncoming vehicle, or
- unnecessarily stop or delay oncoming traffic.2
If you do this and get hit in a car accident, you can be held liable or at least partially to blame.3
As of 2023, jaywalking (crossing outside of a crosswalk) is only illegal in California if there is an immediate chance of a collision.
What is an unmarked crosswalk?
An unmarked crosswalk is the portion of a street that is in between sidewalks at an intersection.
The portion of a street between an alley and the sidewalk at the other side of the street does not count as an unmarked crosswalk.4 The same is true if there is a sign that says “no crossing.”5
Unlike unmarked crosswalks, marked crosswalks are distinctly indicated for pedestrian crossings with painted surface markings and/or traffic control signs.6
How does negligence per se work?
Negligence per se is the rebuttable presumption that the defendant behaved negligently if they:
- violated a statute and
- hurt someone that the statute was designed to protect.7
Motorists have a legal duty to comply with traffic laws and the rules of the road that aim to preserve your safety in crosswalks. If a driver hits you while you are in a crosswalk, they are presumed negligent.
What damages can I recover?
The most prominent type of damages you are entitled to in a pedestrian injury lawsuit is your medical expenses. If your personal property was damaged in the crash – like if you were carrying a laptop or wheeling your scooter when you were hit – you can recover compensation for those losses, too.
If you missed work because of your injuries, you can also be reimbursed for your lost wages. If the accident was disabling or your ability to earn a living is reduced, you can even get damages for your lost earning capacity.
Finally, you are entitled to money for the pain and suffering that you have been put through by the driver’s negligence. Depending on your case, your family may get compensation for the loss of consortium and companionship that they have suffered from the accident.
What if I was partially at fault?
California uses the doctrine of pure comparative negligence to resolve accidents where fault is shared.8 Under this rule:
- The jury in your personal injury trial would assign a percentage of fault to each party in the accident.
- Then the jury would determine how much compensation you deserve.
- Finally, your payout would be reduced by your percentage of fault.9
For example: Mary is not paying attention while strolling down a pathway and crosses the street in a marked crosswalk while the pedestrian signal says “don’t walk.” Jordan is driving and is also not paying attention and hits her. The jury determines that Mary suffered $100,000 in damages, but was 35% at fault because she crossed against the traffic signal. Mary would still receive $65,000 from the verdict.
How can a lawyer help me?
A pedestrian accident attorney can help you by:
- gathering evidence favorable to your case, including eyewitness accounts and street camera footage,
- negotiating for a favorable settlement offer on your behalf, and
- filing a personal injury lawsuit if no fair offer is made and the statute of limitations is approaching.
For fatal accidents, a lawyer can help the victim’s family members file a wrongful death lawsuit.
Most importantly, if the motorist’s insurance company calls you, do not speak to them. Hire an attorney to be your go-between. The insurance company will try to get you to admit fault or will pressure you into accepting a low-ball offer.
Motorists who injured pedestrians after failing to yield face lawsuits for negligence per se.
Additional Resources
For more information, refer to the following:
- California Department of Motor Vehicles (DMV) pedestrian safety tips – Advice for pedestrians and bicyclists for staying safe.
- California Office of Traffic Safety (OTS) pedestrian safety tips – Statistics and advice for pedestrians for staying safe.
- Go Safely California – Traffic safety tips by the OTS.
- Zero Traffic Fatalities Task Force – Pedestrian and vehicle accident statistics and safety initiatives.
- Centers for Disease Control pedestrian safety – Laws, statistics and safety guide for pedestrians.
Legal References:
- California Vehicle Code sections 21950 and 21952 VEH.
- California Vehicle Code 21950(b) VEH.
- California Vehicle Code 21954 VEH. If you are jaywalking and not in a marked or unmarked crosswalk, you have to yield the right-of-way to any motor vehicle that is close enough to you to constitute an immediate hazard because pedestrian laws do not give you a legal right to be in the street away from the crosswalk.
- California Vehicle Code 275(a) VEH.
- Same.
- Same.
- California Civil Jury Instructions (CACI) No. 400.
- Li v. Yellow Cab Co. (1975) 13 Cal.3d 804.
- CACI No. 405.
