Generally, yes, do pedestrians have the right of way in California? The state’s Vehicle Code clearly prioritizes the safety of pedestrians, placing a significant responsibility on drivers to exercise caution and yield to individuals traveling on foot.
Pedestrians are among the most vulnerable road users, with little to no physical protection in the event of a collision with a motor vehicle. As such, California has implemented strict laws to safeguard pedestrian rights and hold drivers accountable for failing to yield the right of way.
If you or a loved one has been involved in a car accident as a pedestrian, a San Francisco injury lawyer can help you get justice and the compensation you deserve.
Who Is Considered a Pedestrian?
Pedestrians are defined under California law as anyone traveling on foot, wheelchair, or by other means of personal conveyance such as rollerblades or scooters. According to the California Vehicle Code, a pedestrian is not limited to someone simply walking; the term also includes individuals using assistive devices like motorized wheelchairs or other mobility aids. This definition is essential when determining pedestrian right-of-way in California, as it extends protections to anyone using these forms of personal transportation.
In bustling areas like San Francisco, it’s crucial for drivers and pedestrians alike to understand these nuances, as streets are often shared by a diverse group of road users.
Do Pedestrians Always Have the Right-of-Way?
No, pedestrians do not always have the right of way under California law. Pedestrians must act responsibly when crossing streets, and they cannot legally step into the street suddenly, causing an immediate hazard for oncoming vehicles. As outlined by the California Vehicle Code, drivers are required to yield to pedestrians in crosswalks, but pedestrians are also required to use common sense and avoid creating dangerous situations.
For example:
- Jaywalking (crossing the street outside a marked crosswalk) is illegal, though recent changes in California law have decriminalized some jaywalking cases. However, in San Francisco, jaywalking can still lead to an accident or ticket if it causes a disruption in traffic.
- Stepping into traffic suddenly without giving vehicles adequate time to stop can lead to a pedestrian being found at fault in an accident.
Additionally, pedestrians should avoid distractions, such as looking at their phones while crossing the street. According to ePermitTest, pedestrians are only granted the right of way when crossing within designated crosswalks, but they are still required to check for oncoming traffic and follow traffic control signals. Stepping out suddenly or ignoring safety precautions could mean pedestrians share responsibility in an accident.
Pedestrians should remain alert, particularly in high-traffic areas like Fisherman’s Wharf or during foggy conditions when visibility is low.
Small Exceptions to This Rule
While pedestrians have the right of way in most situations, there are a few exceptions to this rule. For example, pedestrians must obey traffic signals and walk signals at intersections.
This means waiting for the “Walk” signal before crossing and not entering the crosswalk when the signal says “Don’t Walk” or “Wait.”
If a pedestrian enters a crosswalk against a “Don’t Walk” or “Wait” signal, they may be considered at fault in the event of an accident. This is because they are not following the traffic rules designed to keep everyone safe.
Additionally, pedestrians are required to use designated crosswalks when they are available. These crosswalks are usually marked with lines and sometimes include lights or signs to alert drivers. If a pedestrian attempts to cross a street outside of a marked crosswalk, they may be considered jaywalking. In such cases, drivers may not be required to yield, and the pedestrian could be held responsible if an accident occurs.
Right-of-Way Rules for Crosswalks
Do pedestrians have the right of way in California? Yes, but it depends on the situation. In marked crosswalks, pedestrians have the right of way, and vehicles must yield. A crosswalk can be either painted or implied at intersections, even when lines are not marked. According to the California Driver Handbook, all intersections, unless otherwise indicated, are considered crosswalks, and vehicles must give way to pedestrians crossing at these locations.
However, drivers and pedestrians must exercise caution. While pedestrians are entitled to the right of way, they must ensure they are not stepping into the path of oncoming traffic when it is unsafe to do so. This rule is especially relevant in areas like Union Square and Market Street in San Francisco, where pedestrian traffic is heavy, and accidents are more likely.
Key right-of-way rules include:
- Marked and Unmarked Crosswalks: Pedestrians have the right of way in both types.
- Midblock Crosswalks: Drivers must yield to pedestrians in crosswalks that are not located at intersections.
- School Zones: Vehicles must stop when children are present in a crosswalk.
Duties of Pedestrians
Pedestrians have legal duties that are designed to protect their safety and the safety of others on the road. The California Vehicle Code specifies that pedestrians cannot act recklessly when crossing streets, and they must follow certain rules to avoid accidents.
Pedestrian responsibilities include:
- Using Designated Crosswalks: Always use marked or unmarked crosswalks at intersections whenever possible.
- Obeying Traffic Signals: Pedestrians must follow traffic control signals, such as “Walk” or “Don’t Walk” signs, and wait until it is safe to cross.
- Staying Visible: Especially at night or in poor weather conditions, pedestrians should ensure they are visible to drivers by wearing bright clothing or using lights. This is particularly important in San Francisco’s busy downtown areas, where heavy traffic and pedestrian density can increase the risk of accidents.
- Yielding to Vehicles: Pedestrians are expected to yield to vehicles when they are not in a designated crosswalk, and should not cross suddenly in front of a car.
Following these responsibilities can significantly reduce the risk of pedestrian accidents, particularly in a busy city like San Francisco, where vehicle and foot traffic are constantly interacting.
Laws for Blind Pedestrians
California has specific laws in place to protect blind pedestrians and those with visual impairments. Drivers are required to yield the right of way to pedestrians carrying a white cane or being guided by a service animal. Failure to do so can result in severe penalties for the driver.
According to Section 21963 – Right-of-way of blind pedestrians, If a driver fails to yield to the right of way, they can be charged with a misdemeanor, punishable by up to six months in jail, a fine of $500 to $1,000, or both. This rule does not prevent other legal actions if the driver breaks other laws.
What Happens If the Pedestrian Caused the Crash?
While pedestrian-caused accidents are relatively rare, they can occur in certain situations. For example, if a pedestrian suddenly darts out into the street from between parked cars or other obstructions, giving the driver little to no time to react, the pedestrian may be found at fault.
However, even in these cases, drivers are expected to exercise due care and caution at all times. If a driver was speeding, distracted, or impaired, they may still be held partially or fully liable for the car accident, regardless of the pedestrian’s actions.
Our Attorneys Will Advocate for You
If involved in a pedestrian accident, navigating the legal system can be complex and overwhelming, particularly when dealing with injuries and trauma. That’s where our experienced pedestrian accident attorneys come in.
We understand the unique challenges and complexities of pedestrian accident cases, and we are dedicated to protecting the rights of those who have been injured due to a driver’s negligence.
Our team will thoroughly investigate the circumstances of your accident, gathering evidence, interviewing witnesses, and working closely with accident reconstruction experts to build a strong case on your behalf.
We will handle all aspects of your claim, from filing the necessary paperwork and negotiating with insurance companies to representing you in court if a fair settlement cannot be reached. Our attorneys are skilled litigators with a proven track record of success in securing substantial compensation for our clients.
Get Help From a San Francisco Car Accident Lawyer
If you or a loved one has been involved in a pedestrian accident in California, you deserve justice and fair compensation for your injuries and damages.
Our dedicated team at The Cartwright Law Firm is here to help you navigate this difficult process and ensure your rights are protected every step of the way.
Contact us today by calling (415) 851-6486 or online for a free, no-obligation consultation. We’ll listen to your story, evaluate your pedestrian accident case, and provide you with the personalized guidance and representation you need.
Our attorneys will fight tirelessly to hold negligent drivers accountable and secure the maximum compensation you are entitled to, including medical expenses, lost wages, pain and suffering, and more.
The post Do pedestrians have the right of way in California? appeared first on The Cartwright Law Firm, Inc..