Pedestrians have almost no protection in a collision with a vehicle, so even low-speed crashes can cause serious injuries. Understanding California’s right-of-way rules helps explain how fault is decided after a pedestrian is hit.
Drivers Must Yield in Crosswalks
California law requires drivers to yield the right-of-way to pedestrians crossing in a marked crosswalk or in an unmarked crosswalk at an intersection. Every intersection has crosswalks on its corners, painted or not, unless crossing is specifically prohibited. Drivers must also slow down and take care when approaching a pedestrian in a crosswalk.
Pedestrians Have Duties Too
Pedestrians may not suddenly step off the curb into the path of a vehicle so close that it is an immediate hazard. Having the right-of-way also does not excuse a pedestrian from using reasonable care for their own safety.
Crossing Outside a Crosswalk
Since 2023, California law generally prevents police from ticketing pedestrians for crossing outside a crosswalk unless there is an immediate danger of a collision. Pedestrians crossing outside a crosswalk still must yield to vehicles, and insurers may argue that where a person crossed contributed to the crash.
How Fault Gets Decided
Most pedestrian cases turn on details: signal timing, lighting, visibility, vehicle speed, and whether the driver was distracted. Under California’s comparative fault rule, a pedestrian who shares some responsibility can still recover compensation, reduced by their share.
Evidence That Helps
- Traffic and business surveillance video
- Signal timing data from the city
- Witness statements
- Vehicle damage and the point of impact
- Phone records if driver distraction is suspected
If you or a family member was struck while walking or cycling, call The JVB Law Firm for a free consultation.
This article is general information, not legal advice. Reading it does not create an attorney-client relationship. Every case is different; speak with a lawyer about your situation.