Pedestrian safety is a crucial concern on California’s busy streets and roadways. While pedestrians are afforded certain rights and protections under the law, it’s essential to understand that these rights come with corresponding responsibilities. Contrary to common assumptions, pedestrians are not always guaranteed the right of way in every situation. Here’s what you need to know:

Pedestrian Right of Way Laws

California law grants pedestrians the right of way in designated crosswalks and at intersections with traffic signals or stop signs. When pedestrians are lawfully crossing the street within these designated areas, vehicles must yield to them and allow them to proceed safely. Additionally, drivers are required to exercise caution and avoid endangering pedestrians, even outside of marked crosswalks.

Responsibilities of Pedestrians

While pedestrians have the right of way in many situations, they also have certain responsibilities to ensure their safety and the safety of others. Some key pedestrian responsibilities include:

Using Designated Crosswalks: Pedestrians should use marked crosswalks whenever possible and refrain from crossing the street at undesignated locations.
Obeying Traffic Signals: Pedestrians must obey traffic signals and cross the street only when they have a green signal or a “walk” indication.
Exercising Caution: Pedestrians should exercise caution when crossing the street and always look both ways before stepping into the roadway, even when they have the right of way.
Avoiding Distractions: Distractions such as using smartphones or wearing headphones can impair a pedestrian’s ability to safely navigate traffic. It’s essential to remain attentive and aware of one’s surroundings while walking near roadways.

Exceptions to the Right of Way

While pedestrians generally have the right of way in crosswalks and at intersections, there are exceptions to this rule. For example:

Jaywalking: Pedestrians who cross the street outside of designated crosswalks or against traffic signals may not be afforded the right of way.
Intoxication or Recklessness: Pedestrians who are intoxicated or behaving recklessly may forfeit their right of way if their actions endanger themselves or others.
Emergency Vehicles: In emergency situations, such as when emergency vehicles are approaching with lights and sirens activated, pedestrians may be required to yield the right of way to allow these vehicles to pass safely.

Legal Protections for Pedestrians

Despite these exceptions, California law places a strong emphasis on protecting the safety of pedestrians. Drivers have a legal duty to exercise reasonable care and avoid colliding with pedestrians, regardless of the circumstances. When drivers fail to uphold this duty and injure a pedestrian through negligence or recklessness, the injured pedestrian may be entitled to compensation for their injuries and other damages through a personal injury claim.

Conclusion

While pedestrians enjoy certain rights and protections under California law, they also have corresponding responsibilities to ensure their safety and the safety of others. Understanding pedestrian right of way laws, exercising caution, and obeying traffic signals are essential for avoiding accidents and injuries. If you’ve been injured as a pedestrian due to a driver’s negligence, it’s crucial to seek legal guidance from a knowledgeable personal injury attorney. By understanding your rights and legal options, you can pursue the compensation you deserve and hold negligent parties accountable for their actions.

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Michael Waks

Michael Waks is an aggressive advocate for people who have suffered because of someone else’s actions. Michael decided to become a personal injury lawyer when, while clerking at a legal defense firm during law school, he witnessed and was infuriated by asbestos manufacturers spending millions to avoid taking responsibility for the egregious injuries they caused. Immediately after passing the bar, Michael opened his own firm in Long Beach, CA to help the victims of personal injury accidents get every benefit owed them under the law.