When Do Pedestrians Have the Right of Way?

California law protects pedestrians in crosswalks and requires drivers to yield, while also outlining when pedestrians must yield to vehicles. These rules are found in Vehicle Code §§ 21950, 21951, 21952, and 21954.
Pedestrian Right of Way Laws California
Pedestrians’ right-of-way in crosswalks
California Vehicle Code § 219501
Under California Vehicle Code § 21950, all pedestrians have the right-of-way in crosswalks.
Drivers must yield the right-of-way to pedestrians crossing the roadway within any marked or unmarked crosswalk at an intersection. This means that even if the crosswalk is not painted, it is still presumed to exist, and a driver must yield to a pedestrian crossing there.
Pedestrians outside crosswalks
California Vehicle Code § 219544
Pedestrians do not have the right of way when trying to cross the street outside of a marked or unmarked crosswalk; they must yield to vehicle traffic on the road.
However, the law also states that even though a pedestrian cannot cross the road outside of a crosswalk, drivers still have the responsibility to exercise due care to avoid hitting anyone who steps into the street.
Vehicles Stopped for Pedestrians
California Vehicle Code § 219512
Additionally, according to CVC § 21951, motorists are prohibited from passing other vehicles that are stopped at a crosswalk to allow pedestrians to cross. This prevents drivers from entering the crosswalk and potentially striking a pedestrian who may be hidden from view.
Yielding to Blind Pedestrians
California Vehicle Code § 219523
CVC § 21952 requires drivers to yield the right of way to blind persons at all times, regardless of whether they are in a crosswalk.
Basic Rules for Pedestrians and Drivers
The basic rules governing pedestrians on California roads are:
- Motorists must stop within five feet of a crosswalk to let pedestrians pass.
- Vehicles must yield the right of way to blind persons at all times.
- Motorists are prohibited from passing other vehicles waiting at a crosswalk.
- Pedestrians must follow all traffic laws.
If you or a loved one has been struck by a vehicle while walking, you know medical bills, lost wages, and pain and suffering can add up quickly. An experienced personal injury attorney can help you understand your rights and pursue the compensation you deserve. Contact us today to schedule a free consultation.
Sources Cited:
- California Vehicle Code § 21950 – https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH§ionNum=21950
- California Vehicle Code § 21951 – https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH§ionNum=21951
- California Vehicle Code § 21952 – https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH§ionNum=21952
- California Vehicle Code § 21954 – https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH§ionNum=21954
