California Vehicle Code § 21954 CVC requires pedestrians outside marked or unmarked crosswalks to yield the right-of-way to close oncoming vehicles. However, drivers must still exercise due care and avoid hitting pedestrians who cross the street despite close oncoming traffic.
The full text of the statute reads as follows:
21954. (a) Every pedestrian upon a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway so near as to constitute an immediate hazard. An immediate hazard exists if the approaching vehicle is so near or is approaching so fast that a reasonably careful person would realize that there is a danger of collision.
(b) The provisions of this section shall not relieve the driver of a vehicle from the duty to exercise due care for the safety of any pedestrian upon a roadway.
(c) This section shall remain in effect only until January 1, 2029, and as of that date is repealed.
Legal Analysis
California traffic laws grant right-of-way to vehicles outside of marked or unmarked crosswalks. Therefore, pedestrians must yield to close, oncoming vehicles when not in a marked or unmarked crosswalk. However, drivers with right-of-way should still yield to pedestrians if that is the only way to avoid a collision.1
Pedestrians in California who cross streets outside of a crosswalk no longer face jaywalking (VC 21955) charges as long as it is safe. Otherwise, jaywalking is an infraction carrying:
- a base fine of $196, plus
- administrative fees and assessments.
Jaywalking will not cause any points to go on the pedestrian’s DMV driving record.2
Meanwhile, drivers who fail to yield to a pedestrian (VC 21950) also face an infraction. The fine is typically $286. One point will be assessed on the driver’s DMV record.3
Vehicle Code 21954 VC mandates that pedestrians outside crosswalks yield the right-of-way to oncoming traffic.
Frequently-Asked-Questions
Can I cross the road outside of crosswalks?
Yes, but 21954 VC requires you to yield the right-of-way to all vehicles on the roadway if you jaywalk.
Does this law apply to both rural and urban areas?
Yes, 21954 VC applies to all roadways in California. However, make sure to check local ordinances: Your city or county may have more restrictive laws for pedestrians.
Is jaywalking against the law in California?
Not anymore unless there is close, oncoming traffic. Even still, jaywalking is never advised.
Am I at fault if I get hit by a car while jaywalking?
Chances are a court would find both you and the motorist partly liable: You for jaywalking while there was oncoming traffic, and the driver for not yielding in time.
Does 21954 VC apply if I am on skates or a skateboard?
Yes. “Pedestrian” comprises walkers, skateboarders, and skaters.
Legal References
- California Vehicle Code 21954 – Pedestrians Outside Crosswalks. In re H.M. (Cal. App. 2d Dist., 2008), 167 Cal. App. 4th 136. People v. Ramirez (Cal. App. 2d Dist., 2006), 140 Cal. App. 4th 849.
- California Vehicle Code 21955.
- California Vehicle Code 21950.