California Pedestrian Laws You Need to Know and Observe
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California law protects pedestrians by granting them certain rights on California streets. Pedestrians include anyone who isn't in a motor vehicle, bicycle, motorcycle, electric scooter, or hoverboard. They have walkers, skateboarders, rollerbladers, folks in wheelchairs, skiers, non-electric scooter riders, and ice skaters.
Table of Contents
- Determining Fault in Pedestrian Accidents
- Establishing Who Is at Fault in a Pedestrian Accident
- How to Establish Negligence
- Conclusion
Pedestrian rights are not absolute, however, and are held to the same standards as motorists in following all traffic and safety regulations. Due to these restrictions, pedestrian regulations play a vital role when determining who is at fault when an accident occurs.
The following guidelines apply to pedestrians under California law:
1. Right to Pedestrian Walks and Crossings
Pedestrians must be given safe and convenient travel and access, whether using a foot, wheelchair, walker, or stroller.
On and across all streets and highways, walkers must have easy and safe access, walking and pedestrian travel must rise, and pedestrian fatalities and injuries must be reduced.
2. Pedestrians Must Exercise Due Care
California law compels pedestrians to exercise caution even when using authorized or unmarked crosswalks. Pedestrians are not permitted to act in a way that is likely to result in an accident or other hazard.
For instance, pedestrians must not suddenly leave a curb or pedestrian walk onto an oncoming vehicle so close that it can cause an immediate hazard both to the pedestrian and the car.
In addition, pedestrians are not permitted to stop or delay traffic needlessly while in a marked or unmarked crossing.
Additional regulations regulate the activity of pedestrians. Pedestrians must not:
- Use bike lanes in place of a sidewalk or crosswalk.
- When there's no corner-to-corner crossing, go beyond the crosswalk to the opposite corner.
- Cross against a red light.
- Crossing at an intersection when nearby vehicles pose an immediate hazard is prohibited.
The rule of thumb, however, is that drivers should be careful around pedestrians. Even if someone isn't following the rules, neither drivers nor pedestrians are exempt from actions that put others in danger.
3. Pedestrians Generally Have the Right of Way
As mentioned, drivers of a vehicle shall yield the right-of-way to a pedestrian crossing the roadway inside a marked crosswalk or within an unmarked crosswalk at an intersection.
When a vehicle approaches a pedestrian in a marked or unmarked crosswalk, the driver must use all reasonable care, slow down, or take any other action related to the vehicle operation needed to keep the pedestrian safe.
However, this does not exempt pedestrians from exercising due care for their safety. When pedestrians fail to comply with pedestrian and crosswalk rules, drivers have the right of way. Regardless, the driver is still expected to pay attention to the safety of any pedestrian, whether they cross from a marked or unmarked crosswalk at an intersection.
However, in rare situations, pedestrians may be held accountable for a pedestrian accident. They can also be judged partially liable and forfeit compensation under comparative negligence laws.
4. Special Regulations for the Blind
At all crossroads, blind pedestrians with a cane or guide dog always have the right of way. If you don't yield to a blind pedestrian, you may be charged with a criminal offense, punishable as a misdemeanor, face up to six months in jail, and a $1,000 fine.
Determining Fault in Pedestrian Accidents
Many factors must be considered to prove negligence in a pedestrian accident. People often feel that because they are pedestrians, they are immediately entitled to compensation without proving liability. Is the driver 100 percent at blame or partially at fault?
A Pedestrian Accident Lawyer must assess several factors to determine fault. They must interview accident reconstruction experts, witnesses, police, physicians, and more.
In some pedestrian accidents, both parties can be held accountable. For instance, both can be held responsible if a texting driver hits a jaywalker. However, even if the pedestrian is partially culpable for the accident, they can still receive some compensation under pure comparative negligence.
Establishing Who Is at Fault in a Pedestrian Accident
To properly determine fault in a pedestrian accident, you will need to contact a pedestrian accident lawyer who will assist you in determining who is genuinely at fault. A pedestrian accident lawyer can fight for justice and compensation on behalf of victims and their families so they do not have to pay for the losses caused by the pedestrian accident out of pocket.
Pedestrian accident victims are eligible for compensation for the following losses:
- Reduced quality of life
- Suffering and pain
- Medical costs
- Emotional distress
Nobody should cope with the aftermath of a pedestrian collision on their own. It is essential for accident victims and their families to know they have a skilled lawyer to help them get justice and the compensation they deserve for their losses.
How to Establish Negligence
If you've been injured in a car vs. pedestrian accident, you should consult a reputable traffic accident attorney to ensure you obtain the compensation and justice you deserve.
This covers people in both marked and unmarked crosswalks. The motorist may be held accountable if he violated the legal duty of care. Furthermore, your pedestrian accident lawyer must demonstrate that the breach of duty caused your injuries and losses.
Here are other things to consider when determining culpability in a car vs. pedestrian accident:
- When a pedestrian collision happens, the driver is held accountable because drivers drive carelessly, under the influence, distracted, or completely thoughtless.
- A widespread misperception is that pedestrians are always innocent; nonetheless, pedestrians must respect traffic laws, use crosswalks, and avoid strolling in restricted areas, such as highways.
- Other reasons contributing to the pedestrian accident include poor weather, poor road conditions, malfunctioning equipment, poorly maintained roadways, and so on.
Conclusion
No pedestrian accident victim should ever be alone. Victims and their families should know that an expert accident attorney can help them get justice and compensation for their losses. It's challenging to cope with an accident's aftermath or identify culpability.
To defend your case, you must make sure to hire a pedestrian accident lawyer in California to help you. Hiring a qualified pedestrian accident lawyer can make a big difference in your case. Contact our lawyers today!
Have you suffered serious injuries in a pedestrian accident? Get the compensation you deserve with Mendez & Sanchez Law. We are one of the best Los Angeles pedestrian injury accident law firms, and we can help you navigate the challenging legal process, so you get the best compensation you deserve.
Frequently Asked Questions
What happens if a driver hits me in an unmarked crosswalk in California — do I still have the right of way?
Yes, California Vehicle Code Section 21950 requires drivers to yield to pedestrians in both marked and unmarked crosswalks at intersections, so you still have the right of way even without painted lines. The driver is legally obligated to slow down, stop, or take reasonable action to keep you safe. That said, pedestrians must also exercise due care, and if you acted recklessly — such as darting into traffic — your compensation could be reduced under California's pure comparative negligence rule (Civil Code Section 1714).
How long do I have to file a lawsuit after being hit by a car as a pedestrian in California?
In California, you generally have two years from the date of the pedestrian accident to file a personal injury lawsuit, as established under the California Code of Civil Procedure Section 335.1. If the at-fault driver was a government employee or the accident involved a public entity — such as a city bus — you must file a government tort claim within just six months of the incident. Missing either of these deadlines typically bars you from recovering any compensation, which is why contacting a pedestrian accident lawyer as soon as possible is critical.
Can I still get compensated if I was jaywalking when the car hit me?
Yes, you can still recover compensation even if you were jaywalking, because California follows pure comparative negligence under Civil Code Section 1714, which allows injured parties to collect damages regardless of their percentage of fault. For example, if a jury determines you were 40% at fault for jaywalking and the driver was 60% at fault, you can still recover 60% of your total damages. However, the more fault assigned to you, the less compensation you receive, which is why having a skilled pedestrian accident lawyer to minimize your assigned fault percentage is so important.
What kind of compensation can a pedestrian accident victim actually receive in California?
Pedestrian accident victims in California can pursue both economic and non-economic damages, which include medical expenses, future medical care, lost wages, loss of earning capacity, pain and suffering, emotional distress, and reduced quality of life. In cases involving extreme recklessness — such as a drunk driver — courts may also award punitive damages under California Civil Code Section 3294. There is no fixed cap on non-economic damages in standard personal injury cases (unlike medical malpractice), meaning serious injuries with significant life impact can result in substantial compensation awards.
Is a driver automatically at fault if they hit a blind pedestrian at a crosswalk in California?
California Vehicle Code Section 21963 gives blind pedestrians carrying a white cane or using a guide dog the absolute right of way at all intersections, and failing to yield to them is a criminal offense — not just a civil one. A driver who strikes a blind pedestrian at a crosswalk faces a misdemeanor charge punishable by up to six months in jail and a fine of up to $1,000, on top of civil liability. While fault is still technically determined through the facts of each case, the legal presumption weighs heavily against any driver who fails to yield to a blind pedestrian under these circumstances.
What mistakes do pedestrian accident victims in California make that hurt their case?
One of the most damaging mistakes is waiting too long to seek medical attention, because insurance companies argue that delayed treatment means the injuries were not serious or were unrelated to the accident. Another common error is giving a recorded statement to the at-fault driver's insurance company without legal representation, which can result in statements being used to minimize or deny your claim. Failing to document the accident scene, gather witness contact information, or preserve evidence like surveillance footage are also critical missteps — California courts rely heavily on this type of evidence when establishing liability.
Does California law protect pedestrians who are using skateboards or wheelchairs, or only people on foot?
California law defines pedestrians broadly under Vehicle Code Section 467, which includes anyone traveling by foot, wheelchair, skateboard, roller skates, non-motorized scooter, or even on skis — essentially anyone not operating a motor vehicle, bicycle, motorcycle, or motorized device. This means skateboarders, wheelchair users, and rollerbladers are entitled to the same pedestrian rights and crosswalk protections as someone walking. However, these individuals are equally bound by California's pedestrian safety rules, meaning they must exercise due care, obey traffic signals, and avoid creating hazards in order to maintain their right to full compensation after an accident.