What Rights Does A Pedestrian Have?

The first thing to ask is whether the pedestrian is in a crosswalk. If an pedestrian is in a crosswalk "the driver of a vehicle shall yield the right of way . . ." This comes from California Vehicle Code section 21950(a). However, a pedestrian also needs to "use due care for his or her safety." Further, a pedestrian may not simply "jump out" in front of a car. But even if a pedestrian is not in a crosswalk a driver must look out for the pedestrian.

In short, a pedestrian has the right of way if the pedestrian is in a crosswalk before an approaching car becomes a hazard. Similarly, a pedestrian may not simply march across the street just because a crosswalk is present. That is just silly and irresponsible.

Unfortunately, the impact between a car and a pedestrian can often lead to major injuries. We were recently retained on two cases where pedestrians were struck while in the crosswalk, where the driver could not see because of the sun in his/her eyes. In both cases, our client suffered broken bones and were lucky to get out alive. In another case currenlty in litigation, the pedestrian was not so fortunate and did not make it out alive.

Pete Clancy is a personal injury lawyer in Oakland.