Is It True That Pedestrians Always Have the Right-of-Way?

Most people in California assume pedestrians always have the right-of-way, but that assumption can lead to serious confusion after an accident. The truth is that California law gives pedestrians significant protections while also holding them to certain responsibilities, and the line between the two is not always clear. According to the California Office of Traffic Safety, more than 1,100 pedestrians were killed in the state in 2023 alone, a number that reflects just how dangerous the roads can be for those traveling on foot.

If you’ve been involved in an accident and are trying to make sense of your legal options, our team at Setareh Law is here to help. We have recovered over $250 million for injured Californians and bring 60 years of combined experience to every case we handle. Our pedestrian accident lawyers are ready to evaluate your situation and help you pursue the compensation you deserve.

What Does California Law Say About Pedestrian Right-of-Way?

California Vehicle Code 21950 governs pedestrian right-of-way and imposes real obligations on both drivers and pedestrians. Under this law, drivers must yield to pedestrians crossing at marked crosswalks as well as at unmarked crosswalks at intersections. This duty requires drivers to slow down, remain alert, and give pedestrians a safe path to cross from one side of the street to the other.

What Drivers Must Do at Crosswalks

When a driver approaches a pedestrian in a crosswalk, whether marked or unmarked, they must exercise extreme caution and reduce their speed. The goal is to ensure the pedestrian can cross safely without rushing or dodging traffic. 

What Pedestrians Are Required to Do

California law does not give pedestrians a blank pass. Pedestrians are expected to look both ways before stepping off a curb and to avoid moving into the path of a vehicle that is close enough to pose a danger. Stepping into traffic without looking, simply because you believe you have the right-of-way, can shift some or all of the liability back to you if an accident occurs.

Are There Exceptions to Pedestrian Right-of-Way in California?

Yes, there are circumstances where a pedestrian’s right-of-way is limited or does not apply at all. California law bars pedestrians from crossing mid-block without using a crosswalk, walking against a lit “do not walk” signal, or stepping into immediate danger. Pedestrians who violate these rules may bear some responsibility for an accident, even if a driver was also acting carelessly.

One exception that benefits pedestrians involves bike lanes. If no designated walking path is available, pedestrians retain their right-of-way when walking through a bike lane. Understanding these distinctions matters because liability is rarely black-and-white in pedestrian accident cases, and the circumstances of each crash carry real legal weight.

How Does Comparative Negligence Affect Your Case?

California follows a pure comparative negligence rule, which means that even if you were partially at fault for an accident, you may still be able to recover compensation. Your award is simply reduced by the percentage of fault assigned to you. This makes it especially important to work with an attorney who can build a strong case and limit the share of blame you may receive.

For example, if a driver ran a red light but you also crossed mid-block, both parties may share responsibility for the collision. Our pedestrian accident lawyers are skilled at analyzing these situations and arguing for the most favorable outcome on your behalf.

What Compensation Can You Seek After a Pedestrian Accident?

If you were injured due to another party’s negligence, California law may allow you to seek compensation for a wide range of losses. No two cases are identical, but recoverable damages commonly include the following:

• Medical expenses: Costs tied to emergency treatment, ongoing care, and rehabilitation
• Lost wages: Income you were unable to earn during your recovery period
• Property damage: The cost to repair or replace personal belongings damaged in the crash
• Pain and suffering: Physical discomfort and the emotional toll of the injury
• Emotional distress: Anxiety, trauma, or psychological harm resulting from the accident

Our team can help you identify every loss connected to your case and calculate a fair value for your claim. Our pedestrian accident lawyers are familiar with how these cases are valued and will work to make sure nothing is overlooked. You may also find it helpful to review whether a pedestrian can be found liable for an accident if they were jaywalking before moving forward with your claim.

Contact Setareh Law to Discuss Your Pedestrian Accident Case

Pedestrian accident cases involve layered legal questions, and having the right team on your side can make a major difference in the outcome. At Setareh Law, we handle every case on a contingency fee basis, which means you pay nothing unless we recover compensation for you. With over 400 five-star Google reviews and eight office locations across California, we are accessible, dedicated, and committed to fighting for the results you need.

Reach out to us today to schedule a free consultation. We also speak Spanish and are available to meet you at home if needed.