Do pedestrians have to clear the road before you enter the crosswalk in California?
You’re a driver stopped at a crosswalk for a pedestrian. Does the person have to reach the sidewalk before you can go past?
We talked to the Department of Motor Vehicles and California Highway Patrol to answer this question, as well as what the penalties are for not yielding the right of way to pedestrians.
Here are California’s pedestrian laws, including what drivers and pedestrians are responsible for when sharing the road:
Who has the right of way in California?
California Vehicle Code section 21950 says pedestrians generally have the right of way when crossing the street at an intersection, whether or not there’s a marked crosswalk.
Drivers approaching a pedestrian anywhere on the road must “exercise all due care necessary” to keep the pedestrian safe, the DMV Office of Public Affairs said.
Traffic safety is a joint effort. Pedestrians should wait until it is safe to cross, DMV said, especially in unmarked areas.
“If there’s traffic coming, and they’re in imminent danger of causing a crash, the pedestrian can be at fault,” said CHP Officer Graciela Santillano James.
Pedestrians should not run in front of a vehicle or stop traffic for an undue reason, DMV said, adding that drivers always should be on the lookout and exercise care for the safety of any pedestrian in the roadway.
At marked crosswalks, pedestrians must wait until the crossing light indicates they have the right of way, Santillano James said.
“Even with them having the right of way with a light indicating (so), like any vehicle, they should look both ways and then proceed safely,” she said. “But if they have a red light, a pedestrian should also follow the rules of the road and wait until their indicated time to be able to cross.”
How far across a street in far enough?
It may seem unclear to motorists how long they have to wait before they can drive through a crosswalk or roadway when a pedestrian is in it. That’s because the laws have some “gray area,” Santillano James said.
There is no exact measurement of how far in a crosswalk a pedestrian has to be before motorists can proceed, but motorists should err on the side of safety.
The pedestrian must have safely cleared the vehicle before the motorist may proceed, Santillano James said.
“That’s one pedestrian,” she said. “If you have 10 or 15 pedestrians all at once crossing, then obviously you have to wait until the last person moves forward and clears a pathway for the vehicle.”
One example of when officers will cite a motorist for not properly yielding to a pedestrian in a crosswalk, Santillano James said, is if a vehicle making a turn has a round green light (which indicates a motorist must yield to oncoming vehicles and pedestrians), as opposed to a green arrow, and the pedestrian has a light indicating he or she has the right of way.
Penalties for not yielding the right of way in California
In January, California passed Assembly Bill 2147, which prohibits officers from stopping pedestrians for jaywalking unless there is an immediate danger of a crash. This means pedestrians legally have the right of way even when not using a marked crosswalk.
“Basically what the law’s saying is we can’t cite you.” Santillano James said. “If you’re crossing in the middle of the roadway, like you do at a school zone, then obviously you can’t get a ticket for that.”
However, the new law does not protect a pedestrian if, by crossing unsafely, they cause a vehicle to crash, she said.
For not yielding the right of way to pedestrians, motorists can face up to a $235 fine and a point on their driving record.
This story was originally published September 18, 2023 at 9:20 AM.
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