California drivers must yield to pedestrians in marked and unmarked crosswalks under Vehicle Code section 21950, and since the Freedom to Walk Act took effect in 2023, crossing outside a crosswalk is no longer ticketable unless it creates an immediate hazard. Neither rule automatically decides fault in a San Diego pedestrian crash.
My name is Ronald B. Laba, and I have represented injured people from my Vista office since 1991. Pedestrian collisions are among the most severe cases I see, because there is nothing between a person and several thousand pounds of vehicle. They are also among the most misunderstood, because insurers reach for the word "jaywalking" long before anyone has looked at the roadway, the signal timing or the driver's speed.
The right-of-way rule drivers actually owe
Vehicle Code section 21950 requires a driver to yield the right-of-way to a pedestrian crossing within any marked crosswalk, or within an unmarked crosswalk at an intersection. An unmarked crosswalk exists at most intersections of two streets even where no paint is on the ground, which is a point many drivers do not know.
The same statute requires drivers to exercise due care and to reduce speed or take other action needed for safety. That duty does not disappear when a pedestrian is somewhere they should not be. A pedestrian also may not suddenly leave a curb into the path of a vehicle that is close enough to be an immediate hazard.
What the Freedom to Walk Act changed
Assembly Bill 2147, effective January 1, 2023, bars an officer from citing a pedestrian for crossing outside a crosswalk unless a reasonably careful person would see an immediate danger of collision. The change was aimed at inconsistent enforcement. It did not rewrite civil liability, but it removed the automatic citation that insurers previously used as shorthand for pedestrian fault.
Partial fault does not end a pedestrian claim
California uses pure comparative negligence. If a pedestrian is found partly responsible — crossing mid-block, stepping out against a signal, wearing dark clothing at night — the recovery is reduced by that percentage rather than eliminated. A driver who was speeding, distracted or failed to look before turning still carries their share.
That allocation is argued with evidence: signal timing data, roadway lighting, sight lines, vehicle event data, surveillance video from nearby businesses, and the physical evidence of impact and throw distance.
Where these crashes happen in San Diego County
Downtown San Diego, the beach communities and dense commercial corridors carry high pedestrian volume, and North County has its own pattern along wide arterials where crossings are far apart and posted speeds are high. Vista, Oceanside, Escondido and San Marcos all have stretches of arterial road where the distance between signalized crossings encourages mid-block crossing. Turning movements at signalized intersections are a recurring factor, since a driver watching for a gap in traffic often is not watching the crosswalk they are turning across.
What to do after a pedestrian collision
- Get medical evaluation immediately; internal and head injuries are common and are not always obvious at the scene.
- Make sure a police report is taken, and get the report number.
- Photograph the crossing, the signal, the lighting and the sight lines — ideally at the same time of day.
- Identify nearby businesses that may have cameras, since footage is often overwritten within days.
- Decline to give a recorded statement to the driver's insurer before you understand the injuries.
Related pages on my site: auto accident claims, motorcycle and bicycle accidents, dealing with insurance adjusters, and my San Diego personal injury page.
Frequently Asked Questions
Q: Was I at fault if I crossed outside a crosswalk? A: Not necessarily. Crossing outside a crosswalk may support a comparative fault argument, but California's pure comparative negligence rule reduces recovery by the pedestrian's share rather than barring it, and the driver's duty of due care still applies.
Q: Does an unmarked intersection have a crosswalk? A: In most cases yes. California recognizes unmarked crosswalks at intersections, and drivers owe the same duty to yield there as at a painted crossing.
Q: What if the driver left the scene? A: Report it immediately. Uninsured motorist coverage on your own or a household member's auto policy can apply to a pedestrian struck by a hit-and-run driver, subject to prompt reporting requirements.
Q: How long do I have to file a pedestrian injury claim in California? A: Generally two years from the date of injury under Code of Civil Procedure section 335.1, but if a public entity may share fault for the roadway or crossing design, a written government claim is normally due within six months.
If you or a family member was struck while walking in San Diego County, contact my office at (760) 940-6231 for a free consultation.
This is general information, not legal advice. Prior results do not guarantee a similar outcome.
