Under California pedestrian and crosswalk laws, drivers must yield to pedestrians crossing within any marked crosswalk or an unmarked crosswalk at an intersection. However, pedestrians must still use reasonable care and may not suddenly step into the path of a vehicle that is too close to stop safely.
Key Rules:
- Marked crosswalks: Drivers must yield to pedestrians in marked crosswalks, including marked midblock crosswalks.
- Unmarked crosswalks: Most intersections have crosswalks even when no lines are painted on the road.
- Crossing elsewhere: A pedestrian crossing outside a marked or unmarked crosswalk must yield to vehicles that are close enough to pose an immediate hazard.
- Jaywalking enforcement: Police generally cannot stop jaywalkers except to prevent a likely collision.
- Pedestrian signals: Pedestrians must obey WALK, flashing hand, countdown, and steady DON’T WALK signals.
- Blind pedestrians: Drivers must yield and take necessary precautions when approaching a totally or partially blind pedestrian using a predominantly white cane or guide dog.
The term “pedestrian” includes people walking, using certain mobility devices, wearing skates, or riding skateboards.
In this article, our Los Angeles pedestrian accident lawyers discuss California crosswalk laws, pedestrian rights, accident liability, and compensation.
California Crosswalk Laws
Crosswalk laws are meant to promote the safety of motorists and pedestrians. Preliminary state data indicate that 950 pedestrians were killed in California traffic crashes in 2024, down from 1,106 in 2023.1
Ten of California’s important crosswalk and pedestrian safety laws are discussed below. Counties and municipalities may also adopt certain local pedestrian rules.2
CVC 467: Who is considered to be a pedestrian?
Under CVC 467, a pedestrian is a person who is:
- on foot,
- using a human-powered means of transportation other than a bicycle,
- using an electric personal assistive mobility device, or
- using a self-propelled wheelchair, motorized tricycle, or motorized quadricycle because a physical disability otherwise prevents the person from moving about as a pedestrian.
Examples can include people using:
- skateboards,
- non-electric scooters,
- roller skates or rollerblades,
- skis or ice skates,
- wheelchairs or qualifying motorized mobility devices, or
- crutches.
People riding bicycles, e-bikes, motorized bicycles, electrically motorized boards, or electric scooters generally do not fall within CVC 467’s definition of a pedestrian merely because they are operating those devices.
CVC 275: What is a crosswalk?
A crosswalk can be either:
- a portion of the roadway distinctly marked for pedestrian crossing by lines or other surface markings, or
- at an approximately right-angle intersection, the portion of the roadway within the extension or connection of the sidewalks’ boundary lines.
This means an intersection can have an unmarked crosswalk even when there are no painted lines. However, there is no crosswalk where local authorities have posted signs prohibiting crossing.3
CVC 21966: Can pedestrians walk in bike lanes?
Pedestrians may not walk along a bicycle path or lane where there is an adjacent adequate pedestrian facility, such as an available sidewalk or designated walking path.
If the adjacent pedestrian facility is blocked or otherwise inadequate, CVC 21966 does not expressly prohibit the pedestrian from using the bike lane. Pedestrians should nevertheless use care and comply with any applicable local restrictions.
CVC 21950: When must drivers yield at crosswalks?
California Vehicle Code 21950 requires drivers to yield to pedestrians crossing within:
- any marked crosswalk, including a marked midblock crosswalk, or
- an unmarked crosswalk at an intersection.
A driver approaching a pedestrian in a marked or unmarked crosswalk must exercise due care, reduce speed, or take any other reasonably necessary action to protect the pedestrian.4
Pedestrians also have a duty to use reasonable care. They may not:
- suddenly leave a curb or other place of safety,
- walk or run into the path of a vehicle that is so close as to constitute an immediate hazard, or
- unnecessarily stop or delay traffic while in a marked or unmarked crosswalk.
CVC 21955: When must pedestrians use a crosswalk?
CVC 21955 applies between two adjacent intersections that are controlled by traffic-control signals or police officers. Between those intersections, pedestrians may cross the roadway only in a crosswalk.
California’s Freedom to Walk Act, effective January 1, 2023, did not repeal this rule or make every instance of jaywalking legal. Instead, an officer generally may not stop a pedestrian for specified crossing violations unless a reasonably careful person would realize there is an immediate danger of a collision with a moving vehicle or a device moved exclusively by human power. Pedestrians remain responsible for using due care.5
California law regulates where pedestrians may cross, but officers generally may not stop them for specified crossing violations unless there is an immediate collision danger.
CVC 21456: What do pedestrian crossing signals mean?
Pedestrian-control signals generally display:
- a WALK message or walking-person symbol,
- a flashing DON’T WALK, WAIT, or upraised-hand symbol, sometimes with a countdown timer, or
- a steady DON’T WALK, WAIT, or upraised-hand symbol.
A pedestrian facing a WALK signal may cross in the signal’s direction but must yield to vehicles already lawfully in the intersection when the signal first appears.
If a flashing hand or similar signal has a countdown timer, a pedestrian may begin crossing but must finish before the countdown ends and the steady signal appears. If the flashing signal has no countdown timer, the pedestrian may not begin crossing. A person who entered during the WALK signal and has only partially crossed should continue to a sidewalk, safety zone, or otherwise leave the roadway.6
CVC 21954: When may pedestrians cross outside a crosswalk?
Under CVC 21954, a pedestrian crossing anywhere other than a marked crosswalk or an unmarked crosswalk at an intersection must yield to vehicles close enough to constitute an immediate hazard. Drivers still have a duty to exercise due care for pedestrians in the roadway.
The Freedom to Walk Act generally limits when police may stop someone for violating this rule; it does not eliminate the pedestrian’s duty to yield or use reasonable care.
CVC 21956 separately provides that a pedestrian walking on a roadway outside a business or residence district generally must stay near the left edge, facing traffic. The pedestrian may walk near the right edge if there is no safe way to cross the roadway or traffic or other conditions would make crossing unsafe.
CVC 21970: May drivers block a crosswalk or sidewalk?
CVC 21970 prohibits unnecessarily stopping a vehicle in a manner that blocks a marked or unmarked crosswalk or sidewalk.
The statute does not prohibit an otherwise lawful right turn on red, or a left turn from a one-way street onto a one-way street, after the driver has stopped as required by law. It does not give drivers blanket permission to stop unnecessarily inside and block a crosswalk.7
CVC 21952: Who has the right-of-way on a sidewalk?
Under CVC 21952, a driver must yield to any approaching pedestrian before driving over or onto a sidewalk.
CVC 21663 permits drivers to cross a sidewalk when entering or leaving property, but they may not drive on a sidewalk except as necessary to enter or leave adjacent property.
CVC 21963-65: What special rules protect blind pedestrians?
Under CVC 21963, a totally or partially blind pedestrian using a predominantly white cane, with or without a red tip, or a guide dog has the right-of-way. An approaching driver must yield and take all reasonably necessary precautions to avoid injuring the pedestrian.
A driver who violates CVC 21963 commits a misdemeanor punishable by:
- up to six months in county jail,
- a fine of $500 to $1,000, or
- both jail and a fine.8
CVC 21964 generally reserves the use of a predominantly white cane on highways, in public buildings and facilities, and in other public places for people who are totally or partially blind.
Drivers must yield to pedestrians who have the right-of-way and exercise due care to avoid collisions.
Pedestrian Accidents
Drivers are frequently found wholly or partly responsible for pedestrian collisions, but fault depends on the conduct of everyone involved. A driver may be negligent for speeding, driving while distracted, failing to yield, or failing to exercise due care. A pedestrian may share responsibility for entering traffic unsafely or violating an applicable crossing rule.
California Evidence Code 669 creates a rebuttable presumption that a person failed to exercise due care when:
- the person violated a statute, ordinance, or public regulation,
- the violation proximately caused death or injury to a person or property,
- the injury resulted from the type of occurrence the law was designed to prevent, and
- the injured person belonged to the class of people the law was designed to protect.
This doctrine is commonly called negligence per se. It is an evidentiary presumption, and the defendant may rebut it under certain circumstances. Conduct that does not violate a statute—such as allegedly failing to pay adequate attention—may still support a claim of ordinary negligence.
What if the pedestrian is partly to blame?
California follows a pure comparative negligence system. When more than one person contributed to a pedestrian collision, the jury assigns each party a percentage of fault. The injured person’s damages are then reduced by that person’s percentage of responsibility.
Example: Mary crosses outside a crosswalk and is struck by Mac, who was speeding and ran a stop sign. Mary sustains $10,000 in damages but is found 30% at fault. Her award is reduced by $3,000, so she may recover $7,000, or 70% of her damages.
What compensation is available after a pedestrian accident?
Compensation in a pedestrian accident lawsuit may include money for:
If the accident is fatal, eligible surviving family members may bring a wrongful death claim for losses such as financial support and funeral expenses.
Crosswalk accidents can cause devastating injuries to pedestrians.
Frequently Asked Questions
Do pedestrians always have the right-of-way in California?
No. Drivers must yield to pedestrians within marked crosswalks and unmarked crosswalks at intersections, but pedestrians must use due care. A pedestrian may not suddenly enter the path of a vehicle that is too close to stop safely or unnecessarily stop and delay traffic in a crosswalk.
In our experience, the right-of-way question rarely resolves an accident claim by itself. We examine vehicle speed, visibility, traffic signals, the pedestrian’s movements, sight lines, video, and witness accounts to determine whether either side could have avoided the collision.
Is jaywalking legal in California?
California still has laws governing where and how pedestrians may cross. The Freedom to Walk Act generally prevents officers from stopping pedestrians for specified crossing violations unless a reasonably careful person would recognize an immediate danger of a collision. It does not erase the underlying rules or the pedestrian’s duty to use due care.
We tell clients not to assume that the lack of a jaywalking citation establishes fault. A person may still share civil responsibility for crossing unsafely, while a driver may remain liable for speeding, distraction, or failing to exercise due care.
Do drivers have to wait until a pedestrian completely leaves the crosswalk?
CVC 21950 does not expressly require every driver to wait until the pedestrian reaches the far curb in every situation. The driver must yield and may proceed only when doing so does not interfere with the pedestrian’s right-of-way and is reasonably safe.
From what we have seen, trying to pass closely in front of or behind a pedestrian can create powerful evidence of negligence even when no collision occurs in the pedestrian’s immediate lane. Giving the pedestrian ample space is the safer practice.
Is every intersection an unmarked crosswalk?
No. An unmarked crosswalk generally exists where roadways meet at approximately right angles and the sidewalk boundary lines extend through the intersection. There is no crosswalk where local authorities have posted signs prohibiting crossing, and the statutory definition excludes the extension of an alley’s lines across a street.
In our experience, unmarked-crosswalk cases often turn on photographs and measurements of the intersection. The absence of painted lines does not by itself mean the pedestrian was crossing illegally.
Can a pedestrian recover damages if they crossed outside a crosswalk?
Yes. California’s pure comparative negligence rule allows an injured pedestrian to recover damages even if the pedestrian was partly at fault. The pedestrian’s damages are reduced by the pedestrian’s percentage of responsibility. Drivers also retain a duty to exercise due care toward pedestrians outside crosswalks.
We often find that an outside-the-crosswalk crossing is only one part of the case. Speeding, distracted driving, poor lighting, visibility, braking distance, and whether the driver had time to react can materially change the allocation of fault.
Who is liable when a car hits a pedestrian in a crosswalk?
Liability depends on negligence and causation. A driver may be liable for failing to yield or use due care, while a pedestrian may share fault for entering suddenly against a signal or otherwise acting unsafely. Other defendants, such as an employer whose employee was driving on the job, may also be responsible.
We know from experience that useful evidence can disappear quickly. Surveillance footage may be overwritten, vehicles may be repaired, and witnesses may become difficult to locate, so preserving evidence soon after the accident can be important.
Additional Resources
For more information, refer to the following:
- California Department of Motor Vehicles pedestrian safety tips – Advice for pedestrians, bicyclists, and drivers.
- California Office of Traffic Safety statistics – Current statewide traffic-safety data.
- National Highway Traffic Safety Administration pedestrian safety – National safety information and statistics.
- Go Safely California – Traffic-safety tips from the California Office of Traffic Safety.
- Zero Traffic Fatalities Task Force – California traffic-safety initiatives.
- Centers for Disease Control pedestrian and bicycle safety – Safety information and national data.
Legal References:
- UC Berkeley Safe Transportation Research and Education Center, 2025 Follow-Up Survey (reporting preliminary SWITRS data showing 950 pedestrian deaths in California in 2024); 2025 SafeTREC Traffic Safety Facts: Pedestrian Safety (reporting 1,106 pedestrian deaths in 2023).
- See Vehicle Code 21969 (local regulation of roller skating), Vehicle Code 21967 (local regulation of electric scooters), and Vehicle Code 21961 (local pedestrian-crossing ordinances).
- Vehicle Code 275.
- Vehicle Code 21950(a)-(d).
- AB 2147 (2021-2022), the Freedom to Walk Act; Vehicle Code 21955.
- Vehicle Code 21456(a)(1)-(3).
- Vehicle Code 21970.
- Vehicle Code 21963.