In California, pedestrians do not always have the right of way, though they generally do. In some cases, pedestrians can be partially or totally liable for a pedestrian accident. Pedestrians can sue for damages they sustain in an accident. However, their damages will be reduced by their degree of fault.
Drivers must yield to pedestrians who are crossing in a crosswalk, even when the driver is permitted to make a left or right turn. Drivers must yield to pedestrians when pulling out of or into an driveway or alley. Drivers are not allowed to pass another vehicle that has stopped for a pedestrian crossing the street.
There is a common belief that pedestrians always have the right-of-way. In truth, they often do. However, like other roadway users, they must yield the right-of-way in certain circumstances, such as when crossing the road outside an intersection.
State-Specific Regulations. Each state in the U.S. has its own set of regulations governing pedestrian right-of-way. For example, California law states that drivers must yield the right-of-way to pedestrians crossing the roadway within any marked or unmarked crosswalk at an intersection.
The language and definitions differ from state to state. In general, vehicles must yield the right-of-way to pedestrians at plainly marked crosswalks and at intersections where stop signs or flashing red signals are in place.
If control signals are present, pedestrians must wait until the signal gives the walk signal, before proceeding into the crosswalk. While in the crosswalk, pursuant to the walk signal, the pedestrian has the right-of-way. A pedestrian may not enter a crosswalk contrary to a Don't Walk or Wait signal.
California Pedestrian Right Of Way Traffic Laws If there's a crosswalk (those white lines painted on the road for people to walk across), cars have to stop and let people cross. This is true even if there's no stop sign or traffic light. If there's no crosswalk, pedestrians still have the right of way at intersections.
Essentially, the law creates a “stop and yield” duty for all motor-vehicle operators before driving over a crosswalk. Furthermore, it makes it criminally negligent to operate a motor vehicle in a crosswalk to in any way cause bodily injury to a pedestrian, cyclist or likewise vulnerable crosser.
Sec. 552.006. USE OF SIDEWALK. (a) A pedestrian may not walk along and on a roadway if an adjacent sidewalk is provided and is accessible to the pedestrian.
Drivers must yield to pedestrians who are crossing in a crosswalk, even when the driver is permitted to make a left or right turn. Drivers must yield to pedestrians when pulling out of or into an driveway or alley. Drivers are not allowed to pass another vehicle that has stopped for a pedestrian crossing the street.