California law provides strong protections for pedestrians walking around town, though they do not necessarily always have the right of way in every situation. This common misconception—that pedestrians are always allowed to proceed first, no matter the traffic—can lead to dangerous assumptions for both drivers and pedestrians, sometimes resulting in serious accidents when either party. Understanding when pedestrians legally have the right of way, and when they do not, is crucial for preventing accidents and determining liability when collisions occur.
When pedestrian accidents do occur in California, personal injury cases often involve complex legal questions about who had the right of way at the time of the collision. At Big Joe Law, we bring 18 years of combined experience helping accident victims throughout the San Fernando Valley understand their rights and pursue fair compensation when negligent drivers cause injuries. Our team thoroughly investigates every aspect of pedestrian accidents to determine liability and build strong cases for our clients.
When Pedestrians Have the Right of Way
California Vehicle Code provides specific situations where pedestrians clearly have the right of way and drivers must yield. Pedestrians crossing in marked crosswalks at intersections have the right of way, and drivers must stop and remain stopped to allow them to cross safely. This protection extends to unmarked crosswalks at intersections, which legally exist at every corner where two streets meet, even without painted lines.
Pedestrians also maintain the right of way when crossing at intersections with traffic signals showing a “Walk” signal or green light in their direction. Drivers turning at these intersections must yield to pedestrians lawfully crossing, even when the driver has a green light. Additionally, drivers must exercise due care for pedestrian safety at all times, regardless of who technically has the right of way.
When Pedestrians Do Not Have the Right of Way
California law requires pedestrians to yield to vehicles in several specific situations. Pedestrians crossing outside marked or unmarked crosswalks must yield to all vehicles and may not suddenly enter the roadway in a manner that creates immediate hazards for drivers. This means jaywalking pedestrians generally do not have the right of way and bear responsibility for safely timing their crossings.
Pedestrians must also obey traffic signals and cannot enter intersections against red lights or “Don’t Walk” signals. Crossing against signals violates California Vehicle Code and eliminates the pedestrian’s right of way. Similarly, pedestrians walking along roadways where sidewalks are provided must use those sidewalks rather than walking in the street, and when no sidewalk exists, must walk facing traffic on the road’s left side.
How Right of Way Affects Accident Liability
Determining who had the right of way plays a crucial role in establishing liability for pedestrian accidents. When drivers fail to yield to pedestrians who legally have the right of way, the driver typically bears primary responsibility for resulting injuries. However, California’s comparative negligence system means pedestrians who violate traffic laws may share fault even when drivers also acted negligently.
For example, if a pedestrian jaywalks across a busy street at night wearing dark clothing and gets hit by a speeding driver, both parties may share fault. The pedestrian violated traffic laws by crossing outside a crosswalk, while the driver violated speed limits. Insurance companies often seize on any pedestrian violations to minimize compensation, making thorough investigation essential for protecting your rights. Car accident cases involving pedestrians require careful analysis of all factors contributing to the collision.
Protecting Your Rights After a Pedestrian Accident
Pedestrian accident victims should take several immediate steps to protect their legal rights. Call 911 to report the accident and obtain medical attention, even if injuries seem minor. Many serious injuries do not manifest symptoms immediately. Obtain the driver’s contact and insurance information, and collect contact details from any witnesses who saw the accident occur.
Document the accident scene thoroughly by taking photographs of the crosswalk or intersection, traffic signals, vehicle damage, visible injuries, and any other relevant conditions. Avoid making statements about fault or apologizing at the scene, as these statements can later be used against you. Instead, limit your comments to basic factual information about what happened. Understanding your rights in different types of accidents, including bicycle accidents, helps protect your interests.
Insurance companies often contact pedestrian accident victims quickly, hoping to obtain recorded statements or quick settlements before victims understand their injuries’ full extent. These early settlement offers rarely account for ongoing medical treatment, lost wages, or long-term impacts of serious injuries. Consulting with experienced legal representation before speaking with insurance adjusters helps ensure you do not inadvertently harm your claim or accept inadequate compensation.
Contact Big Joe Law for Your Pedestrian Accident Case
Pedestrian accidents often result in catastrophic injuries including traumatic brain injuries, spinal cord damage, broken bones, and internal injuries that require extensive medical treatment and rehabilitation. Our team at Big Joe Law understands the serious nature of these injuries and works tirelessly to ensure negligent drivers and their insurance companies provide fair compensation for all your damages. We have secured significant results for our clients, including recent settlements and awards of $2,750,000, $2,250,000, $350,000, $250,000, and $100,000.
We handle all pedestrian accident cases on a contingency fee basis, meaning you pay no attorney fees unless we successfully recover compensation for your claim. This arrangement allows you to pursue justice without worrying about upfront legal costs during your recovery period. Our team advances all necessary case expenses and provides regular updates on your case progress, ensuring you stay informed throughout the entire legal process. Contact our office today to schedule your free consultation and learn how we can help you secure the compensation you deserve for your pedestrian accident injuries.