California Pedestrian Right-of-Way Laws Explained (CVC 21950 and the Freedom to Walk Act)

A driver must yield to a pedestrian crossing within any marked crosswalk, or within an unmarked crosswalk at an intersection (Veh. Code §21950(a)). A driver approaching someone in a crosswalk must use all due care and slow down or take other action needed to keep that person safe (§21950(c)).

An unmarked crosswalk is the part of the road where the sidewalk boundary lines at an intersection would extend across it, where the streets meet at roughly right angles, but not lines extended from an alley. A painted crosswalk counts anywhere it is marked. Neither exists where local authorities have posted signs that prohibit crossing (Veh. Code §275).

• No passing a stopped car at a crosswalk: when one vehicle has stopped at a crosswalk to let someone cross, a driver coming from behind may not pass it (§21951).
• No blocking the crosswalk: a driver may not stop unnecessarily in a way that blocks a marked or unmarked crosswalk or a sidewalk (§21970).
• Driveways and sidewalks: a driver must yield to any pedestrian approaching on a sidewalk before driving over or onto it (§21952).

The right of way in a crosswalk has limits. A pedestrian may not suddenly leave a curb or other place of safety and walk or run into the path of a vehicle so close that it is an immediate hazard. A pedestrian also may not unnecessarily stop or delay traffic while in a crosswalk (§21950(b)).

• Outside a crosswalk: a pedestrian crossing anywhere else must yield to vehicles so near they are an immediate hazard (Veh. Code §21954(a)). The driver still owes due care to any pedestrian on the road (§21954(b)).
• Between signals: between adjacent intersections controlled by traffic signals or police officers, pedestrians may cross only in a crosswalk (§21955(a)).
• Walking on the road: outside a business or residence district, a pedestrian on the roadway must walk close to their own left-hand edge. The right-hand edge is allowed when there is no safe way to cross, or when traffic or other conditions would make crossing unsafe (§21956).
• Local rules: cities and counties may adopt ordinances against crossing outside crosswalks (§21961(a)).

Pedestrian signals have specific meanings under Veh. Code §21456:

• WALK or the walking person: a pedestrian may start across but must yield to vehicles already lawfully in the intersection when the signal first appears.
• Flashing hand with a countdown: a pedestrian may start across but must finish before the countdown ends and the hand turns steady.
• Steady hand, or a flashing hand with no countdown: a pedestrian may not start across. Someone who started on WALK and is partway across must keep going to the sidewalk or a safety zone, or otherwise leave the roadway.

Drivers have duties at signals too. A driver on a green light, including one turning, must yield to pedestrians lawfully within the intersection or an adjacent crosswalk (§21451(a)). A driver turning on a red light after stopping must yield to pedestrians lawfully within an adjacent crosswalk (§21453(b)).

Assembly Bill 2147, often called the Freedom to Walk Act, was signed on September 30, 2022, and took effect January 1, 2023 (Stats. 2022, ch. 957). It left the pedestrian rules above in place. It changed when a peace officer may stop someone for breaking them.

Under the amended sections, an officer may not stop a pedestrian for violations such as crossing outside a crosswalk or against a signal unless a safety test is met. A reasonably careful person would have to realize there is an immediate danger of a collision with a moving vehicle or other device moving exclusively by human power. The same limit was added to a series of sections, including §§ 21451, 21453, 21456, 21950, 21954, 21955, and 21956.

Each of those sections also says the limit doesn’t relieve pedestrians of the duty to use due care for their own safety, or drivers of the duty of due care toward pedestrians. The bill requires the CHP to report to the Legislature by January 1, 2028, on its effect on pedestrian safety (Veh. Code §21949.5).

A driver who fails to yield to a pedestrian in a crosswalk, before crossing a sidewalk, on a green light, or on a red-light turn, and injures someone else commits an infraction (Veh. Code §21971). The fine for a first offense is $220 (§42001.18(a)).

In a civil case, a violation of a safety statute can also matter. California law presumes a failure to use due care when a violation of a statute causes the kind of injury the statute was meant to prevent, to someone it was meant to protect. That presumption can be rebutted (Evid. Code §669). Which rule applies depends on where and how the crash happened, so the crash report and any video can be important.

Wilshire Law Firm represents pedestrians hurt by drivers across California, with free case reviews 24/7 and no fees unless you get paid. Our pedestrian accident lawyers review the crash report, the right-of-way rules that applied, and the insurance that may cover your injuries.

This article is a general overview, not legal advice, and the rules can change.