California is known for its busy and beautiful cities, scenic highways, and, unfortunately, high numbers of pedestrian accidents. To address this, the state has implemented detailed laws that balance pedestrian rights with the responsibilities of drivers. These laws are designed to improve safety, reduce accidents, and clarify what each party can and cannot do while out on the road.
In 2024, 764 pedestrians died on California roads. Whether you walk, drive, or do a little of both, it is imperative that you understand the laws in this gorgeous state. This will help keep you safe and others as well.
Pedestrian Rights: More Than Just Crosswalks
Pedestrians in California have many important legal protections. According to California Vehicle Legislation, drivers must yield to pedestrians in both marked crosswalk areas and unmarked crosswalks at intersections.
Unmarked crosswalks are legal crossing points typically found where two sidewalks meet across an intersection. Even with these rules in place, it is still important for pedestrians to act responsibly.
Under California’s vehicle code 21950, pedestrians are not allowed to suddenly jump into traffic or take too long in the crosswalks for no apparent reason. The law protects pedestrians and their right to cross streets and roads throughout the state, but it also stresses the need for caution.
Driver Responsibilities: Exercising “Due Care”
Drivers have a higher duty of care because their vehicles pose greater risks. Under California law, motorists must:
• Yield to pedestrians at all crosswalks, whether marked or unmarked.
• Slow down when approaching crosswalks.
• Never pass vehicles stopped at crosswalks.
This last rule addresses the dangerous “multiple threat” situation. This is when one car stops for a pedestrian, but another tries to go around it. This type of situation is the leading cause of pedestrian accidents.
If drivers fail to comply with these rules of the road, they can end up with hefty fines, misdemeanor charges, or even jail time, especially if a pedestrian is injured in the process.
Updates to Jaywalking Laws
In January of 2023, a new law signed by California Governor Gavin Newsom called the Freedom to Walk Act (AB 2147), significantly changed up how the state deals with jaywalking. The law basically allows pedestrians to cross a street mid-block legally if it is safe to do so.
Keep in mind, though, that this does not excuse unsafe behavior. If a pedestrian crosses recklessly and causes an accident, they may still be held partially at fault under California’s comparative negligence rules.
The New “Daylighting” Law: Parking Near Crosswalks
Visibility saves lives. This means that the better drivers see pedestrians, the less likely for accidents to happen. This is the entire premise behind California’s new Daylighting to Save Lives Bill (AB 413), which took effect on January 1, 2025.
The law prohibits parking within 20 feet of a crosswalk at intersections without traffic signals and 15 feet in areas with curb extensions.
By preventing cars from blocking sightlines, this law helps drivers see pedestrians sooner and gives pedestrians a clearer view of traffic. Cities like San Francisco and San Diego have already begun issuing fines.
Shared Responsibility and Comparative Fault
California uses a comparative negligence system. This means both pedestrians and drivers can share liability in an accident. For example, a driver who fails to yield is partially at fault, but a pedestrian who crosses outside a crosswalk without caution may also bear responsibility. In court, compensation may be reduced according to each party’s percentage of fault.
Why These Laws Matter
California consistently reports some of the highest pedestrian accident numbers in the nation. The Freedom to Walk Act acknowledges realistic walking behavior, while the daylighting law improves visibility at intersections. Together, these measures strive to reduce collisions and fatalities while fostering safer communities.
California’s pedestrian and driver laws are built on a principle of shared responsibility. Pedestrians have the right to safely cross the streets and roads throughout the state, but they must do so while exercising caution. Drivers, given the potential harm their vehicles can cause, carry an even greater duty of care.
By respecting these laws and remaining alert, both pedestrians and drivers can contribute to safer roads and fewer tragic accidents.
Common-Sense Takeaways for Both Parties
To sum it up and to cut down on the number of pedestrian-vehicle accidents in the beautiful state of California, drivers need to slow down. They also need to watch for people walking everywhere they drive, but especially at intersections.
Pedestrians are not off the hook. If you are one of them, you need to make yourself obvious. This means that you need to make eye contact with drivers, cross the street at the correct area for pedestrians, and be mindful that drivers may not be watching out for you.
Basically, neither party should assume that the other party is going to do the right thing at any given time. When both parties follow the rules of the road, everyone is so much safer.
