California pedestrian laws require drivers to yield the right-of-way to pedestrians crossing the road within any marked or unmarked crosswalk. The term “pedestrian” applies not only to people walking on foot but also people wearing skates or riding skateboards.
Here are four key takeaways about California pedestrian laws:
- Pedestrians lose right-of-way at crosswalks whenever traffic lights or law enforcement officers signal for them to remain on the curb.
- Jaywalking is no longer illegal in California as long as it is done safely and with no oncoming traffic.
- Pedestrians must stay out of bike lanes when a walking path is available.
- Vision-impaired pedestrians with a cane or a guide dog have right-of-way at all intersections.
In this article, our Los Angeles pedestrian accident lawyers explain:
California’s pedestrian and crosswalk laws dictate when and where people can walk.
1. California Crosswalk Laws
Ten of California’s most important crosswalk and pedestrian safety laws are discussed below. Note that several counties and municipalities have even stricter rules.1
VC 467: Who is considered to be a pedestrian?
A pedestrian is anyone who is:
- walking,
- riding a motorized assistive mobility device because they cannot walk, or
- riding something that is propelled by their own efforts, other than a bicycle.
People who use the following devices to get around are considered to be a “pedestrian” under CVC §467:
- skateboards,
- scooters, so long as it is not an electric scooter or E-scooter,
- roller skates,
- rollerblades,
- skis,
- ice skates,
- wheelchairs,
- motorized wheelchairs, or
- crutches.
People riding the following devices, though, are not pedestrians:
- bikes,
- e-bikes,
- motorized bikes,
- hoverboards, or
- e-scooters.
VC 275: What is a crosswalk?
Under CVC 275, a crosswalk can be either:
- a portion of the road painted with the distinctive white lines that people are familiar seeing, or
- where 2 roads meet at approximately right angles, the extensions of the sidewalks through the intersection.
This means there can be a pedestrian crossing at an intersection even if there are no white lines on the pavement.
VC 21966: No Pedestrians in Bike Lanes
VC 21966 requires pedestrians to stay out of bike lanes wherever there is an “adjacent adequate pedestrian facility.” This includes sidewalks or designated walking paths.
If a sidewalk is blocked, though, pedestrians can turn to bike lanes to get around the obstruction.
Motor vehicles have to yield to pedestrians crossing at a crosswalk.
VC 21950: Pedestrians Crossing a Street at a Crosswalk
California Vehicle Code section 21950 VC gives pedestrians the right-of-way while crossing the street at an intersection whether the crosswalk is marked or not. Therefore, drivers approaching crosswalks must slow down and yield to pedestrians so they may cross.
By giving pedestrians the right-of-way at crosswalks, VC 21950 requires drivers to exercise caution to keep pedestrians safe.2 It also creates a legal duty for motorists to exercise due care for the safety of walkers.3
However, VC 21950(b) explicitly says that pedestrians still have a legal duty to use caution when crossing the street. It expressly says that pedestrians cannot:
- leave the curb suddenly,
- walk or run into the immediate path of an oncoming vehicle, or
- unnecessarily stop or delay traffic while crossing the street.
VC 21955: Pedestrians Must Use Crosswalks at an Intersection
VC 21955 requires pedestrians to stick to the crosswalks when they cross at intersections where there are:
- traffic lights,
- traffic signals, or
- police officers.
This prevents pedestrians from crossing straight to the opposite corner of the intersection, unless there is a crosswalk that allows it.
As of January 1, 2023 in California, jaywalking is no longer against the law as long as it is done safely (for example, there is no oncoming traffic at the time of the crossing). Previously, jaywalking was prosecuted as an infraction carrying a fine of around $200.4
VC 21456: How are pedestrians supposed to use crossing lights?
Crossing lights are the electronic signals for pedestrians to cross an intersection. They show either:
- a green walking man, or the word “walk” in green letters,
- steady red letters spelling “don’t walk,” or “wait” or showing an upraised hand graphic,
- blinking red letters spelling “don’t walk” or “wait” or showing an upraised hand graphic. Sometimes there is a countdown timer.
When the crossing light tells pedestrians to walk, VC 21456 requires pedestrians to let cars already in the crosswalk pass through. Crossing lights that blink come in 2 types:
- those that include countdown signals telling pedestrians how long they have to finish crossing, and
- those that do not include these countdown signals.
Where a crossing signal has this countdown clock, VC 21456 allows pedestrians to begin crossing when the light is blinking. They just have to reach the other side before it turns steady. If there is no countdown clock on the signal, though, pedestrians are not supposed to enter the crosswalk once the signal begins to blink.5
VC 21954: When can pedestrians cross the street outside of a crosswalk?
When pedestrians are not at a marked crosswalk or an intersection, they can still cross the street under the terms of CVC §21954. This statute requires walkers to yield the right-of-way to all vehicles that are close enough to be an “immediate hazard” to the pedestrian.
Where there are no vehicles close enough, pedestrians can cross the street. This is in spite of the lack of a crosswalk.6
VC 21970: Can drivers stop their cars and block a crosswalk or sidewalk?
VC 21970 forbids drivers from stopping in a crosswalk and blocking it “unnecessarily.” This includes both crosswalks that are marked and unmarked crosswalks at an intersection.
The law does not prevent a driver from stopping in a crosswalk at a red light before making a right turn.
VC 21952: Do vehicles have the right-of-way when they cross a sidewalk?
Vehicles do not have the right-of-way when they cross over a sidewalk. Pedestrians have the right of way.
This rule applies whenever cars turn into driveways and pass over a sidewalk on the way. A driver has to stop and let walkers pass by, first.
VC 21963-65: Special Rules for Blind Pedestrians
California traffic rules give special protection to pedestrians who are blind, defined as having:
- 20/200 vision in the better eye or
- a field of vision less than 20 degrees without glasses or contact lenses as an aid.
VC 21963 gives blind pedestrians who are using a cane or a guide dog the right-of-way at all intersections. Drivers have to yield to blind pedestrians or take extra precautions to keep them safe. If they do not, it can be a crime that carries:
- up to 6 months in jail and
- a fine of up to $1,000.
VC 21964 allows only blind or partially blind people to have a white cane (whether red-tipped or not) on any highway or in any:
- public building,
- public facility, or
- other public place.
2. Pedestrian Accidents
Determining liability is a crucial part of pedestrian knockdown lawsuits in California. The liable party may have to pay the victim compensation to cover their:
Suing for Negligence Per Se
If you are a victim of a pedestrian knockdown accident, you can sue the liable party for negligence per se if:
- they violated a law or regulation (such as a traffic/crosswalk law),
- you are a member of the class of people that the law or regulation was designed to protect (such as pedestrians or drivers), and
- the violation caused your injuries.
Normally when there is a vehicle-pedestrian collision, the vehicle driver is at fault. However, pedestrians may be accountable on negligence per se grounds for crashes they cause by either:
- darting into traffic mid-block,
- abruptly stepping off the curb,
- pausing in the middle of a crosswalk, or
- blocking vehicles at a crosswalk.
Negligence per se is a shortcut to finding fault for an accident. Using negligence per se means you do not have to look for signs of negligence in details of the accident: Negligence is presumed if the defendant violated a traffic law.
When You Are Partly To Blame
When both you and the defendant were partially to blame for a crash, a jury will assign each of you a percentage of fault. Under comparative negligence laws, courts then lower your damages by your percentage of fault.
Example: Mary crossed the street outside a crosswalk and got hit by Mac, who was speeding and ran a stop sign. Mary suffered $10,000 in damages but was found 30% at fault. She can recover $7,000 (30% of $10,000).
Additional Resources
For more information, refer to the following:
- California Department of Motor Vehicles (DMV) pedestrian safety tips – Advice for pedestrians and bicyclists for staying safe.
- California Office of Traffic Safety (OTS) pedestrian safety tips – Statistics and advice for pedestrians for staying safe.
- Go Safely California – Traffic safety tips by the OTS.
- Zero Traffic Fatalities Task Force – Pedestrian and vehicle accident statistics and safety initiatives.
- Centers for Disease Control pedestrian safety – Laws, statistics and safety guide for pedestrians.
Legal References:
- See Vehicle Code 21969 (letting local governments decide where people can roller skate), CVC §21967 (letting localities decide where people can ride E-scooters), and CVC §21961 (letting local governments enact laws dealing with where walkers can cross the street.
- Vehicle Code 21950(c).
- Vehicle Code 21950(d).
- AB-2147.
- Vehicle Code 21456(b). Vehicle Code 21456(c).
- AB-2147.