Legal Rights for Pedestrians in California

In California, pedestrians are granted legal rights to ensure they are safe when traveling on foot. Whether they are using a designated crosswalk or a sidewalk, pedestrians are guarded by various laws designed to protect them against traffic accidents and to hold negligent drivers liable for injuries and damages. 

However, despite these measures, California’s pedestrian deaths remain troubling. In 2023, about 1,057 pedestrians were struck and killed by vehicles. It is also reported that the state has a pedestrian death rate that is about 24 percent higher than the national average. 

Although these laws have not entirely resolved issues pertaining to pedestrian accidents, it is still important to understand your legal rights. Being informed about what protections are available can make a difference if you find yourself involved in a collision.

Sidewalk Rights as a Pedestrian

In California, pedestrians have the right-of-way in most situations, including the right to walk on sidewalks without having the fear of being hit by a vehicle. In general, drivers must always be aware of their surroundings and yield to pedestrians in any areas where they are present.

The California Vehicle Code (CVC) has specific laws established to promote pedestrian safety. Certain rules that apply to sidewalk rights include the following:

• CVC 555 indicates that sidewalks are to be used for pedestrian travel. 
• CVC 21663 prohibits drivers from operating a motor vehicle on a sidewalk. However, it is permitted if you are using it to enter or leave adjacent property. 
• CVC 21952 states that drivers who are going over or upon any sidewalk will need to yield the right-of-way to pedestrians nearby. 
• Under CVC 21956, pedestrians are instructed to walk close to the left-hand edge of the road outside of business or residence districts if no sidewalks are available.

These codes protect pedestrians by promoting hazard-free walking conditions. If, for whatever reason, a driver violates either of these regulations, they may face legal repercussions. This especially applies if a pedestrian has been harmed or killed as a result of a driver’s negligent actions. 

California Crosswalk Laws 

California’s crosswalk laws are intended to promote safer road conditions for pedestrians and drivers. It primarily focuses on:

• Right-of-way
• Safe crossing
• Vehicle responsibilities

CVC 21950 outlines specific rules regarding each of these points. Under this regulation, a driver must yield the right-of-way to a pedestrian who is crossing the road within any marked or unmarked crosswalk. It further goes on to mention how a pedestrian is prohibited from leaving the curb or running into the path of a vehicle that is nearby in which it is considered as an immediate hazard. In addition, the driver must reduce the vehicle’s speed and come to a full stop to ensure the pedestrian safely crosses. 

Pedestrians have the right-of-way in both marked or unmarked crosswalks. If there is a limit line before the crosswalk, stop at the limit line and allow pedestrians to cross the street. Some crosswalks have flashing lights; however, you should still stop and check for pedestrians regardless if they’re not flashing.

These rules dictate when and where people can legally walk in the state, created to keep pedestrians safe.

Some California state laws that protect pedestrians include:

• CVC 21966 says that pedestrians should not walk along a bike path or lane if sidewalks or other designated pedestrian paths are available. 
• CVC 21954 informs pedestrians who cross streets outside of a crosswalk to yield the right-of-way to vehicles.
• CVC 21955 requires pedestrians to use designated crosswalks.
• CVC 21970 prohibits drivers from blocking marked or unmarked crosswalks or sidewalks.
• CVC 21456 mentions when pedestrians can cross the street using a crossing light.
• CVC 21952 requires drivers to yield the right-of-way to pedestrians who are on a sidewalk before they drive over or onto it.

Do Pedestrians Always Have the Right-of-Way?

Pedestrians do not have the right-of-way when they violate their state’s pedestrian and crosswalk laws. In some cases, pedestrians can be held liable and partially at fault for an accident. They can also lose compensation through comparative negligence rules.

In most cases, pedestrians do have the right-of-way; however, if they violate any of California’s crosswalk laws, they can legally lose their ‘right-of-way.’ If a pedestrian caused a car accident without having the right-of-way, they may be held liable, found partially at fault, and receive reduced compensation based on their level of responsibility.

Under California law, motor vehicles have to yield the right-of-way to pedestrians who are crossing the street in a marked crosswalk or an unmarked crosswalk at an intersection. Other California laws prohibit pedestrians from the following:

• CVC 21456 mentions how pedestrians are required to comply with traffic signals, meaning that they cannot disregard what the lights are directing. For instance, if a signal prompts them to stop crossing, but they still step into the path of a vehicle, they are in violation of road rules. 
• CVC 21954 indicates that pedestrians within a marked or unmarked crosswalk are required to yield to vehicles. If a pedestrian walks or runs into the path of an oncoming driver without caution, they could hold some form of accountability for the incident.
• CVC 21950 (b) prohibits pedestrians from abruptly leaving a curb or running into the path of a vehicle that is so close in proximity that it constitutes an immediate hazard.
• CVC 21963 clarifies that blind pedestrians who carry a predominantly white cane or use a guide dog will be granted the right-of-way. Any driver who fails to yield the right-of-way is guilty of misdemeanor. Punishments may include six months in county jail and a fine ranging between $500 to $1,000. 

Pedestrian Safety if No Sidewalks Are Present 

If no sidewalks are present, pedestrians are still required to comply with California’s traffic laws. Under CVC 21956, pedestrians must walk on the left-hand edge of the road, facing oncoming traffic. This will give them enough time to quickly detect and react to hazardous conditions. This regulation also states that when crosswalks or other means of safely crossing the road are not available, pedestrians will need to walk on the right-hand edge of the road.

Under the Freedom to Walk Act, pedestrians crossing outside of a crosswalk or against a traffic signal are still violating road rules. But, law enforcement will no longer administer tickets as long as there was no immediate risk of a collision present when such actions were performed. This relatively new law was established to reduce unnecessary citations, especially if the act was done in a less dangerous situation.

Responsibilities as a Pedestrian

Duty of care is essential for ensuring pedestrian safety. Under all circumstances, all pedestrians must be responsible and act in a reasonable manner when crossing a roadway.  Some responsibilities and safety tips pedestrians should follow include:

• Following the road rules and obey signs and signals
• Walking on sidewalks if or when available
• Walk facing and as far from if or when there’s no sidewalk traffic
• Cross streets at crosswalks or intersections
• Look for cars in all directions, including those turning left or right
• If or when there’s no crosswalk or intersection, locate a well-lit area with the best traffic view 
• Watch for cars entering or exiting driveways, or backing up in a parking lot

Talk to a Pedestrian Accident Attorney at WCTL

If you were involved in a pedestrian accident and need legal assistance, our qualified California pedestrian accident attorneys at West Coast Trial Lawyers are readily available to help you get the justice and compensation you deserve. 

If you have sustained injuries as a result of a pedestrian accident, you have the legal right to hold the guilty party responsible. Our trusted pedestrian accident attorneys will recover maximum financial compensation on your behalf for the losses you have incurred, like medical bills, property damage, lost wages, and pain and suffering.

To schedule a FREE consultation with our experienced legal team, do not hesitate to contact us by calling 213-927-3700 or completing our easy online contact form.