Pedestrians in California have legal rights, but those rights are often misunderstood after an accident. Drivers must yield in many situations, watch for people walking near the road, and use reasonable care to avoid hitting pedestrians. At the same time, pedestrians are also expected to follow traffic signals, use due care, and avoid entering the road when it is unsafe.
If you were hit while walking, crossing the street, or even using a sidewalk, the legal question is not simply whether you had the “right-of-way.” The bigger question is whether the driver, pedestrian, property owner, government agency, or another party failed to act with reasonable care.
Understanding Why California Roads Are So Dangerous for Pedestrians
According to a 2022 study from the National Highway Traffic Safety Administration, pedestrian fatalities accounted for roughly 26.2% of all traffic deaths in California, putting the fatality rate at 2.97 per 100,000 people, higher than the national rate of 2.26 per 100,000 people. While the state is taking preventive measures to reduce the number of pedestrian accidents from occurring, the lack of education surrounding pedestrian rights is a consistent issue that needs to be addressed.
Who Is a “Pedestrian” Under California Law?
The California Vehicle Code defines “pedestrian” more broadly than just someone walking, because it includes anyone using human-powered movement on or near roadways. This distinction matter because it determines what right of way rules and protections apply when a person is hit by a car. For context, the following categories qualify someone as a pedestrian under California law:
- People on foot, including those using a cane or walker
- Users of roller skates, skateboards, or nonmotorized scooters
- People in manual wheelchairs or other non-motorized mobility devices
- A blind person using a guide dog or white cane (drivers must yield to them in all circumstances)
- Users of motorized wheelchairs on sidewalks, who are generally treated as pedestrians for crossing and safety purposes
- Bicyclists who dismount and walk their bikes
However, it is important to note that standard bicyclists riding in roadways or bike lanes are not pedestrians because they have to follow separate rules designed for cyclist. This distinction affects which traffic laws apply during an accident and what legal protections an injured person can claim.
What Rights Do Pedestrians Have in California?
As California law recognizes that people walking on or near roadways need protection from vehicles, pedestrians have the right to use sidewalks and expect drivers to use caution in areas where people may be walking. With that in mind, the following California laws are important to pedestrians:
- California Vehicle Code § 555– Defines a sidewalk as the portion of a highway set apart for pedestrian travel.
- California Vehicle Code § 21663– Generally prohibits drivers from operating a motor vehicle on a sidewalk except when entering or leaving adjacent property.
- California Vehicle Code § 21952– Requires drivers to yield before driving over or upon a sidewalk.
- California Vehicle Code § 21950– Requires drivers to yield to pedestrians crossing within marked crosswalks or unmarked crosswalks at intersections.
- California Vehicle Code § 21963– Gives blind pedestrians using a white cane or guide dog the right-of-way.
While these laws do not mean pedestrians can ignore traffic rules, they do mean that drivers cannot treat pedestrian safety as optional.
Common Causes and Locations of Pedestrian Accidents in California
Pedestrian accidents tend to happen on wide, high-speed arterials with multiple lanes, areas with few protected crossings, and busy intersections near schools, shopping centers, and transit stops. As such, there are certain patterns and causes that always arises, but the following are some of the most commonly seen in pedestrian accidents:
- Driver causes- Distracted driving on phones, failing to yield when turning left across crosswalks, drunk driving at night, and speeding on wide roads
- Pedestrian causes- Using headphones or smartphones while crossing, crossing at unexpected locations, and stepping into traffic without looking
- Infrastructure causes- Malfunctioning flashing lights at crossings, missing stop signs, absence of safe mid-block crossings where people naturally need to cross the street, and landscaping or parked vehicles blocking sightlines
- Dangerous place scenarios- High-injury corridors in cities with bus stops but no protected crossings, entertainment districts after events, and parking lots where drivers back up without checking for pedestrians
Do Pedestrians Always Have the Right-of-Way in California?
This is one of the most common misconceptions after a pedestrian accident, because while drivers must yield in many circumstances, pedestrians must also use reasonable care for their own safety. Under California Vehicle Code § 21950, drivers must yield to pedestrians crossing within any marked and unmarked crosswalk but the same statute says pedestrians cannot leave a curb or place of safety and walk or run into the path of a vehicle. If pedestrians disregard that rule, they can be found partially at fault for an accident, no matter how much they claim they had the right-of-way.
How California’s Jaywalking Rules Change Pedestrian Rights
Jaywalking laws in California were long criticized for enabling selective enforcement, because data showed racial disparities in citation rates. However, California responded with Assembly Bill 2147, the Freedom to Walk Act in 2023 and decriminalized jaywalking unless there is immediate collision danger. What this means in practice is that pedestrians are no longer cited for crossing outside a crosswalk unless an immediate collision danger exists.
What If There Is No Sidewalk?
California law gives specific instructions for pedestrians walking where no sidewalk is available. Under California Vehicle Code § 21956, a pedestrian walking on a roadway outside a business or residence district must walk close to the left-hand edge of the roadway and by doing so, this allows the pedestrian to face oncoming traffic.
This rule often matters in rural areas, mountain roads, industrial zones, poorly lit streets, and roads without sidewalks. If a pedestrian is hit while walking on a shoulder or roadway, fault may depend on visibility, lighting, driver speed, roadway design, and whether the pedestrian had a safer alternative.
Can Pedestrians Be Held Liable for an Accident?
Pedestrians can be liable for negligence if they were careless because California law requires pedestrians to exercise reasonable care to avoid sudden movements into traffic. Specific behaviors that violate this duty of care includes crossing against a Don’t Walk signal at an intersection, stepping out from between parked cars, walking while highly intoxicated, and crossing mid-block without checking for an oncoming vehicle
Since California follows a pure comparative negligence rule as established in Li v. Yellow Cab Co. (1975), pedestrians can recover damages even if partially at fault. Even if a pedestrian is found to be 80% at fault, they can still recover the remaining 20% of their damages. However insurance companies routinely try to overstate pedestrian fault, arguing jaywalking, distraction, or darkness caused the accident.
What to Do Immediately After a Pedestrian Accident
Being hit while walking is disorienting, but if an injured pedestrian follow these steps, it can protect both your health and your personal injury claim:
- Seek medical attention immediately- Even if injuries seem minor, get medical treatment. Internal injuries, traumatic brain injuries, and soft-tissue damage may not show symptoms for hours or days.
- Call 911 and file a police report- An official report documents the accident scene, identifies the at fault driver, and records initial fault assessments.
- Collect evidence at the scene- If physically able, take photos of the vehicle, skid marks, crosswalk markings, traffic signals, stop signs, and your injuries.
- Do not speak to insurance companies before consulting a lawyer- The driver’s insurance company may call quickly and adjusters can use offhand comments or apologies to argue shared or full fault.
- Preserve medical records and financial documentation- Keep all medical bills, receipts, and records of lost wages from day one. These form the basis of your damages claim, covering medical bills, lost income, and future care needs.
Deadlines for Asserting Your Pedestrian Rights
California’s statute of limitations for pedestrian claims is two years from the date of injury for a personal injury claim. However, if the pedestrian has unfortunately succumb to their injuries, the surviving family members can file a wrongful death claim on their behalf to cover practical costs like funeral expenses and leftover medical bills.
Furthermore, if the pedestrian or their family fails to file a claim on time, the state’s statute of limitations takes into effect and bars your case regardless of fault or severity. With that in mind, it is crucial to get started on the legal process as soon as possible.
How a California Pedestrian Accident Lawyer Protects Your Rights
A pedestrian accident lawyer enforces your rights under California law, handles communication with insurers, and pursues full compensation for medical bills, lost wages, lost income from reduced earning capacity, and pain and suffering.
Additionally, an experienced pedestrian accident lawyer can provide the following services:
- Investigating the driver’s negligence by reviewing police reports, traffic laws, crosswalk conditions, and signal timing
- Preserving evidence such as video footage, vehicle black box data, and mobile phone records
- Consulting medical specialists and accident reconstruction experts
- Calculating full damages, including future medical treatment and care needs
- Countering insurance tactics like blaming the victim for jaywalking, alleging only minor injuries, or pushing a quick, low settlement before the full extent of severe injuries is known
Furthermore, many firms offer a free consultation and operate under a contingency fee basis meaning, you pay nothing upfront, and legal fees come only from a settlement or verdict. If you were injured while crossing the street, walking in a parking lot, or hit on a high-speed arterial, contact the right attorney promptly to ensure your chances of recovering compensation.
Talk to a California Pedestrian Accident Attorney Today
Pedestrian accident cases often involve more than a simple right-of-way dispute. The outcome may depend on traffic signals, crosswalk placement, driver speed, visibility, surveillance footage, police reports, witness statements, roadway design, and comparative fault arguments.
If you were hit by a car while walking in California, the legal team at West Coast Trial Lawyers can investigate the crash, preserve evidence, deal with the insurance company, and pursue compensation for your injuries. By hiring our team for your case, you can rest easy knowing your case is being handled with the utmost care and respect that it deserves.
Call 213-927-3700 or complete our online contact form to speak with an experienced California pedestrian accident attorney.
