Setareh Law
May 20, 2026
California roads are shared by millions of drivers and pedestrians every day, and that combination doesn’t always go smoothly. Pedestrian accidents remain a serious concern throughout the state, and many of them arise from confusion about who has the right-of-way and when. Whether you were behind the wheel or on foot, knowing how these laws work can make a significant difference if you’re ever involved in an accident.
At Setareh Law, we’ve helped countless accident victims across California navigate the legal complexities that follow a collision. With over $250 million recovered and 60 years of combined experience, our team is committed to making sure injured individuals receive the compensation they deserve. If you or someone you know has been hurt in a pedestrian accident, we’re here to help.
Who Counts as a Pedestrian Under California Law?
Before looking at the rules themselves, it helps to understand exactly who qualifies as a pedestrian. California law defines a pedestrian as someone traveling on foot, as well as anyone using roller skates, a skateboard, or similar devices. People with disabilities who rely on a wheelchair, tricycle, or quadricycle for transportation are also considered pedestrians under the law.
This broad definition matters when it comes to determining fault after an accident. If someone using a skateboard or wheelchair is struck by a vehicle, the same right-of-way protections that apply to someone on foot generally apply to them as well.
What Does California Vehicle Code 21950 Require?
California Vehicle Code 21950 is the primary statute governing pedestrian right-of-way in the state. It requires drivers to yield to pedestrians crossing at both marked crosswalks and unmarked crosswalks at intersections. As outlined by the California DMV, drivers approaching a crosswalk must exercise caution, reduce their speed, and stop when necessary to protect pedestrians.
This requirement applies whether or not the crosswalk is painted or clearly marked. An intersection without visible lines can still contain a legally recognized crosswalk, and a driver who fails to yield at one may be held liable for any resulting injuries.
Are There Exceptions to the Right-of-Way Rules?
The right-of-way rules are not unconditional for pedestrians. California law also requires pedestrians to act responsibly when crossing the road. Those on foot must use crosswalks where available and may not step off the curb into the path of an oncoming vehicle that is close enough to pose a danger. Walking when a “do not walk” signal is lit, crossing mid-block without a crosswalk, or running into traffic are all behaviors that can shift liability onto a pedestrian.
There are also specific contexts where pedestrian protections extend beyond standard crosswalk rules. For example, pedestrians retain the right-of-way when walking in a bike lane if no dedicated pedestrian path is available. These things are easy to overlook, which is why pedestrian accident cases often require a closer look at the specific facts and conditions. Our team can review those details and help determine how fault should be assigned in your case.
How Does Comparative Negligence Affect These Cases?
California follows a pure comparative negligence standard, which means more than one party can share responsibility for an accident. Even if a pedestrian technically violated a traffic rule, they may still be able to recover compensation, though the amount may be reduced based on their own percentage of fault.
The following types of compensation may be available to injured parties in a pedestrian accident:
- Medical expenses tied to accident-related injuries
- Lost wages or reduced earning capacity
- Property damage
- Pain and suffering
- Emotional distress
Both drivers and pedestrians should understand that sharing some fault does not necessarily eliminate the right to compensation. Reviewing your situation with an attorney is the best way to find out what your claim may be worth.
Speak With Our California Pedestrian Accident Lawyers Today
Pedestrian accident cases involve layers of legal nuance, from right-of-way statutes to comparative fault calculations, and having an attorney in your corner can significantly affect the outcome of your claim. Our team knows how to investigate these cases, gather evidence, and build a strategy that reflects the full picture of what happened.
At Setareh Law, we handle every case on a contingency fee basis, which means you pay nothing unless we recover compensation for you. We offer eight office locations throughout California, have available home visits, and provide services in both English and Spanish.
If you’ve been injured in a pedestrian accident, contact us to schedule a free case evaluation.
