Pedestrian Right of Way in California

Do Pedestrians Always Have the Right of Way?

If you or someone you love was just injured or killed in a pedestrian accident, you are not alone. 40 children are struck by motor vehicles every day in the United States. The Centers for Disease Control report, “A pedestrian dies on our streets every 1.6 hours in the United States.” Generally, the negligent party is the one who did not obey every traffic Law. You should immediately document the date and time of your accident, weather conditions, where you or your loved one was traveling, with whom, and list all injuries and possible witnesses.

Understanding Pedestrian Right of Way in California

Pedestrian right of way in California is a common sense approach to traffic safety, but in reality, lights change, vehicles stop suddenly, rain causes vehicles to slide, and snow and ice are slippery. Pedestrian right-of-way Laws, according to the Department of Motor Vehicles manual and California pedestrians’ rights and duties, include the following:

Always stop for pedestrians in crosswalks
Always stop for pedestrians crossing at corners
Never pass a vehicle stopped at a crosswalk
Yield to pedestrians when crossing a sidewalk)
Yield to pedestrians who make eye contact with you
Allow more time for seniors, people with disabilities, and young children to cross streets
Notice blind pedestrians
Stop 5 feet from crosswalks

Responsible Pedestrian Behavior

Pedestrians must also follow safety protocols to ensure their own safety. Examples of responsible pedestrian behavior include:

Using marked crosswalks.
Obeying traffic signals.
Avoiding distractions, such as using cell phones or wearing headphones while crossing.
Making eye contact with drivers before crossing.
Wearing visible clothing, especially at night.

By following these practices, pedestrians can assert their right of way responsibly and reduce the risk of accidents.

The Most Common Locations for Pedestrian Accidents

Crosswalks

Pedestrians should not be in the crosswalk after the traffic light changes or suddenly step off a curb. Pedestrians may not unnecessarily stop traffic at street corners. Pedestrians and drivers are expected to obey flashing walk signals, and pedestrians should observe vehicles and stop to avoid being hit regardless of the traffic signal.

Intersections

Intersections are usually busy and obvious areas of our streets. However, they may also be secluded areas such as driveways or alleys, corners, like intersections of avenues and streets, or intersections of freeway exit ramps with city streets.

More than 45% of California’s traffic accidents and 21% of the fatalities occur at intersections. Motorists must heed “STOP” or “YIELD” signs, and beware of wheelchairs, bicycles, and skateboards. Motorists should keep wheels pointed straight forward until they can safely turn.

Roundabouts

A roundabout, or traffic circle around a central island, always proceeds in a counter-clockwise direction. Vehicles and bicycles share lanes, and both should slow down and stop for pedestrians. If you are unable to turn, go around the circle again. Do not endanger pedestrians in a traffic circle.

California Vehicle Code – The Law Surrounding Pedestrian Right of Way

California’s Vehicle Code (Chapter 5 of Division 11) specifies pedestrian rights and duties. Highlights include:

CVC 21949: Ensures safe and convenient pedestrian traffic while aiming to reduce fatalities and injuries.
CVC 21963: Grants blind pedestrians with service animals or white canes the right of way. Violating this law carries penalties, including jail time and fines.
CVC 21966: Prohibits pedestrians from using bicycle lanes when sidewalks are available.

Local governments also have the authority to regulate pedestrian behavior, such as banning roller skating on sidewalks or crossing illegally.

Pedestrian Liability – Rare Instances Where Pedestrians Do Not Have the Right of Way

While pedestrians generally have the right of way, there are exceptions:

Pedestrians may not walk on roadways where a tunnel or elevated pedestrian walkway exists (CVC 21953).
Pedestrians cannot use bicycle lanes if sidewalks are available (CVC 21966).
Pedestrians must not unnecessarily stop traffic at street corners.
Pedestrians should follow safety protocols and avoid distractions when crossing.

Blind Pedestrian Right of Way Has Extra Protections under the Law

California Vehicle Code Section 21963 gives blind pedestrians with service dogs or white canes the right-of-way. Striking a blind pedestrian is a misdemeanor requiring up to six months in the county jail and a $500 to $1000 fine. California Vehicle Code Section 21964 forbids those who are not blind from carrying a white cane.

Local Government Ordinances Can Affect California Pedestrian Right of Way Laws

California Vehicle Code Section 21961 gives local government the right to prohibit pedestrians from crossing roadways illegally. Local governments regulate roller skating [21969] and skateboarding [21968] on streets and sidewalks. Motorized skateboards are forbidden on roads, streets, and recreational trails according to California Vehicle Code Section 21968.

Wrongful Death Due to Failure to Yield to Pedestrian Right of Way

If a pedestrian is killed by a motorist who fails to yield to the pedestrian’s right of way, survivors may be able to file a wrongful death lawsuit. California law specifies who may file a wrongful death claim. Wrongful death litigation compensates the decedent’s spouse, a minor child, or an adult child. If the decedent contributed at least half of your support, you may be able to file a wrongful death case. If the decedent had a will, the executor or personal representative is the only person with the right to bring a wrongful death Lawsuit for the loss of the deceased’s wages, financial support, companionship, medical bills, and funeral expenses. As administrator of the estate, the executor brings a wrongful death suit to compensate all the beneficiaries.

Liability for Pedestrian Accidents

Who is liable for your accident may be difficult to determine. When a commercial vehicle hits a pedestrian, the driver, the owner, the premises owner, a mechanic, or a parts manufacturer may all be held responsible for the accident. Even a warehouse or forklift operator who incorrectly loaded a truck may be responsible for your accident. Under pedestrian right of way Law in California, the accident victim is rarely denied damages when both the pedestrian and the driver are at fault because of the catastrophic nature of the injuries.

Proving liability for an accident requires proof of a duty to the injured pedestrian, or decedent, and a breach of that duty. Next, the pedestrian’s attorney must prove that the breach of the duty caused the victim’s injuries or death.

Comparative Negligence or Shared Liability for Pedestrian Accidents

Comparative negligence (or shared fault for the accident) reduces your chances of recovering full and fair compensation to pay for your loss. If the pedestrian or senior in a motorized wheelchair attempted to cross a street in the middle of a block rather than in the crosswalk (aka “jaywalking”), the pedestrian or disabled individual in the wheelchair contributed to the accident and therefore has some “comparative fault” in causing the accident. In cases with comparative negligence by the pedestrian, financial compensation may be limited or no compensation at all is a possible outcome.

Leading causes of comparative negligence in pedestrian accidents include:

Distracted walking – using a cellphone
Wearing headphones
Crossing in middle of a block (jaywalking)
Wearing dark clothes after dark
Not watching drivers
Walking in the road
Not watching back up lights
Not noticing the second car’s turn signal
Running or darting across the road without looking
Intoxication

Jaywalking is Not Always a Total Bar to Recovery for Your Pedestrian Accident Injuries

Even if you were jaywalking and part of the cause of your pedestrian accident and injuries, the motorist has a duty to yield to you, or at a minimum to reduce their speed. California vehicle code 21950 provides: (a) that motor vehicle drivers must yield to pedestrians crossing roadways in marked and unmarked crosswalks, (b) pedestrians have a duty to safely cross the street and not create a hazard, and (c) drivers approaching pedestrians must reduce speed to keep the pedestrians safe. Motor vehicle statute 21950 does not relieve a driver from the responsibility of caring for the safety of pedestrians in marked or unmarked crosswalks.

However, proving that the motorist saw you and failed to yield or reduce their speed before hitting you will be very difficult. They will say they didn’t see you. Plain and simple. How can you disprove that? Maybe only if they have a dash-cam in their car that shows it was impossible for them to not see you. Or, you hire an expensive accident reconstruction expert to take all the measurements and come up with an opinion to refute the driver’s statement. Either way, you’ll still need an experienced pedestrian accident lawyer in your camp.

Recent Sally Morin Personal Injury Lawyers Settlement

A 62-year-old woman in a marked crosswalk suffered severely fractured legs when a driver using a cell phone failed to stop at the intersection. Our pedestrian accident legal team was able to negotiate the full value of the driver’s insurance policy shortly after the accident. With the $700k pedestrian injury settlement from the at-fault driver, our pedestrian client was able to put all her energy into her recovery.

Know When You Need a Pedestrian Accident Expert

Sally Morin Personal Injury Lawyers has been handling pedestrian accident cases in California since the late ‘90s. With offices in San Francisco or Los Angeles, we offer free pedestrian accident evaluations 24/7. One of our five attorneys will give you a free case evaluation within 24-hours of your inquiry. We’ll help you to quickly get the legal representation you need.

If the Sally Morin Law office accepts your case, your attorney will recover the maximum possible compensation for your medical bills, rehabilitative care, lost wages, and pain and suffering. Our Law office rarely needs to litigate cases, as we are experts at achieving low-stress settlements for our clients. Get your FREE case evaluation now to find out if we can help.

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Karen johnson

2 years ago

When I got into my accident I was really not looking for an attorney, however I became frustrated with the other parties insurance company. I then went online and found Sally Morin Law and called for a free courtesy consult. Annie quickly called me back and spent 30 minutes explaining the attorney process. This made my decision easy,,, an All female attorney group certainly did not disappoint. Annie and her team (Amber) were on the case immediately, making calls, sending emails and dealing with the other party insured (or lack of insured). I’m so pleased to have had this incredible team of ladies to help me through this process. They did all their professional expertise, none of which I was capable of. They advocated for me in every way from medical bills, insurance liens, med pay, demand letters, phone calls, emails etc. All I needed to do was send receipts, and most importantly focus on getting better. Thank u team for all u have done. I am grateful for so much,,, and I can say that making that first phone call was the best decision. Keep up the great work and helping others
Sincerely
KJJ

Michael Basti

2 years ago

I unfortunately got injured in an auto accident and called a bunch of different attorneys with little to no help. I called Sally Morin Law and got help from Rebecca who was absolutely fantastic. She was there every step of the way to help and Isn’t just trying to make a quick buck. She took her time with me and went out of her way to help out. Thanks for all the help Rebecca!!

Reba Roseberry

2 years ago

I was t-boned by someone who ran a red light, totaling my car and sending me to the hospital with multiple breaks to my pelvis, among other smaller injuries. Once released from the hospital, I was confused, angry, and extremely anxious about what to do next. A friend encouraged me to seek legal help, and I found the team at Sally Morin. I was drawn to their all-women team, and immediately felt assured that I was in good hands. They took the reigns on handling everything, leaving me significantly more relieved to rest and heal like my body needed. With their help, the case was settled within four months of the accident, and I can now move forward with my life and leave this behind me. I would absolutely recommend the team at Sally Morin to anyone in a similar situation!

John Zientek

2 years ago

I was injured while riding my bicycle and a friend recommended Sally Morin Personal Injury Lawyers. In my experience, they made the process transparent and smooth, allowing me to focus on recovery — they were professional, empathetic, and effective! Rebecca and Carmen made a difficult time much less stressful.

Jimmy Lu

2 years ago

My mom was in a car accident and was badly injured. We wanted her to focus on her recovery without the worries of medical bills and dealing with multiple insurance companies so we hired Sally Morin Lawyers. Fortunately we received Annie Heller who showed strong ownership of the case, dealing with all communications from medical to slow moving insurance companies. Annie and team helped us settle the case with money in my mom’s pocket, but more importantly helped all of us not worry about anything besides my mom’s recovery. thank you!

Shannon Yu

2 years ago

Carmen and team at Sally Morin are the best. Having Carmen and her team for my personal injury case is one of the lucky thing for me in 2024
Carmen is a very capable law professional. she is expert in her domain, also she is very skillful in finding the key information.
Carmen is also a compassionate and kind person, she listened and also put my interests in priority. At the same time she patiently explained to me the law information.
Carmen is also very good with execution, the whole process she is proactively driving it towards the satisfactory result

What more can you ask for a lawyer who is capable, professional, kind, effective and efficient.

Dee49ful

2 years ago

I was very fortunate that, by pure luck, I found Sally Morin’s firm online. It wasn’t recommended to me by anyone, but I now want to recommend them to EVERYONE, especially my fantastic attorney, Annie Heller. Annie was compassionate, honest, attentive, and responsive to my calls and emails. Throughout the entire process of my claim, I felt completely supported by her, and even after my case was successfully settled, she followed up with me. Thank you Annie, for your exceptional legal service!!

Lew Jabro (Havasu Lew)

3 years ago

Amazing! After months and months of going it alone and getting nowhere with our sons accident, and struggling...badly, we were lucky enough to get refered to Sally and Rebecca.

They took over the whole case and handled everything.

The whole team was very personable, professional, keeped us in the loop the entire time and cared about what was going on.

They also set us up with all the right people to make sure the settlement funds were properly handled in the most efficient way for us.

I just dont think we could have done all of this without them. It was a terrible time for our family, and we are very gratefull for everything they did for us! Thank you guys! ~HavasuLew

Kyle Osborn

3 years ago

Rebecca and the Sally Morin team provided invaluable support during a challenging period after our daughter was involved in a car accident. Their care, expertise, and dedication resulted in an outcome that exceeded our highest expectations. Working with them was a great experience, and I wholeheartedly recommend their services to anyone, without hesitation!

Alysia Lyons

3 years ago

I worked with Annie on my case and had such a pleasant experience! I felt supported and understood throughout the whole process. I highly recommend Sally Morin firm. Being injured isn't pleasant, so having a team behind you that's got your back makes the experience that much better.

Ariana D

3 years ago

I just spent the last 8 months working with a team of caring, compassionate, relatable women for my personal injury claim. Brief background: I was hit by a car while riding my bike to work. The driver pulled out of a parallel parking space without looking and was completely at fault. Initially, he and the others in the car were very concerned, but ghosted us afterwards and made up a story in order to not take on the blame. I ended up needing surgery and costs mounted, so I sought legal advice. After much research, I settled on Sally Morin Law. The team at this law firm is invested and responsive in a very personable way. I specifically worked with Carmen and Annie. Carmen took the lead and she answered every email, text, and annoying question my husband and I sent her way. She wrote a detailed demand letter that personalized my case and thoroughly explained the impact the accident had on my life, my children's lives, and my husband's life. In the end, our own insurance policy covered the claim to the fullest amount. Additionally, Carmen was able to negotiate the medical lien to $0, and my husband received a separate smaller amount for loss of consortium. We are more than happy with the results as it’s way beyond what we expected, and completely life changing. We didn't proceed with the case thinking we would have the outcome we did, and almost didn't pursue the case. However, after spending my own money on copays, days off from work, take out, uber rides, babysitters, and special equipment, it just didn't feel right not to seek help and I am so glad that I did! I highly recommend Sally Morin Law!

Simon Unge

3 years ago

Last year me and my partner was in a MC/Car accident. I was clueless on what rights we had and how to proceed with insurance claims etc. I contacted Sally Morin Personal Injury Lawyers, who guided us through the year long process in a very pedagogical manner, a lot of support, expertise and professionalism - answering any questions we had in a timely manner. Highly recommended, they made a painful experience very manageable. Thank you, Rebecca, Carmen, and Amber!