CALIFORNIA LEGAL CODE

California Vehicle Code § 21950

Pedestrian Right-of-Way in Crosswalks

PUBLISHED · UPDATED

Under California Vehicle Code § 21950, a driver must yield the right-of-way to a pedestrian crossing in a marked or unmarked crosswalk at an intersection. A driver who fails to yield and injures a pedestrian is typically negligent — though pedestrians must also use due care for their own safety.

Reviewed against the current statutory text at leginfo.legislature.ca.gov. This page is legal information, not legal advice.

Exact Statute Text

21950. (a) The driver of a vehicle shall yield the right-of-way to a pedestrian crossing the roadway within any marked crosswalk or within any unmarked crosswalk at an intersection…

(b) This section does not relieve a pedestrian from the duty of using due care for their safety. No pedestrian may suddenly leave a curb or other place of safety and walk or run into the path of a vehicle that is so close as to constitute an immediate hazard…

(c) The driver of a vehicle approaching a pedestrian within any marked or unmarked crosswalk shall exercise all due care and shall reduce the speed of the vehicle or take any other action… to safeguard the safety of the pedestrian.

Read the full, current section at the official source: Cal. Veh. Code § 21950 (leginfo).

In Plain English

  • Drivers must yield to pedestrians in marked or unmarked crosswalks at intersections.
  • Extra care required: drivers must slow down and take action to protect pedestrians in a crosswalk.
  • Pedestrians share a duty: they must use due care and cannot dart suddenly into traffic — which can reduce recovery under comparative fault.
  • Negligence per se: a driver’s violation of § 21950 is strong evidence of negligence in an injury claim.

Key Terms Defined

Right-of-way

The legal priority to proceed; § 21950 gives it to pedestrians in a crosswalk.

Unmarked crosswalk

The crossing area at an intersection even without painted lines — still protected under § 21950.

Negligence per se

Violating a safety statute like § 21950 is treated as evidence of negligence.

Comparative fault

A pedestrian’s own lack of due care can reduce, but not necessarily eliminate, their recovery.

Purpose & Context

Section 21950 protects people on foot by requiring drivers to yield and slow down at crosswalks, while recognizing that pedestrians must also act reasonably. It is the central rule in most pedestrian-accident liability disputes.

Real-World Example

A driver turning at an intersection strikes a pedestrian lawfully in an unmarked crosswalk. Under § 21950, the driver’s failure to yield is strong evidence of negligence; if the pedestrian stepped out suddenly, comparative fault may reduce the recovery.

Vehicle Code § 21950 at a glance

Vehicle Code § 21950 at a glance — Source: Cal. Veh. Code § 21950.
PartyDuty
DriverYield to pedestrians in marked/unmarked crosswalks; slow down; use all due care
PedestrianUse due care; do not dart suddenly into the path of a close vehicle
On violationTreated as negligence per se in a civil claim
Shared faultComparative fault can reduce a pedestrian’s recovery

Why 21950 Matters

For injured people & families

A driver’s failure to yield in a crosswalk is often the key to proving fault — and comparative fault rarely bars a pedestrian’s claim entirely. See our California pedestrian accident lawyer page.

For defendants

Whether the pedestrian was in a crosswalk and used due care is central; comparative fault is the usual defense.

Frequently Asked Questions

Does a driver always have to yield to a pedestrian?

Under Vehicle Code § 21950, drivers must yield to pedestrians in marked and unmarked crosswalks at intersections and exercise all due care.

What if I was jaywalking?

A pedestrian’s own lack of due care can reduce recovery under comparative fault, but California still allows a claim reduced by your share of fault.

Is there a crosswalk if there are no painted lines?

Yes. An unmarked crosswalk generally exists at intersections and is protected under § 21950.

How long do I have to file?

Generally two years from the injury (CCP § 335.1); six months if a government vehicle or entity is involved.

Sources & Legal Authorities

Joseph Shirazi, Managing Partner at Compass Law Group

Joseph Shirazi — Managing Partner · California State Bar #265403

Joseph Shirazi is the Managing Partner of Compass Law Group, LLP, representing injury and abuse survivors throughout California.

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Legally reviewed by Simon Esfandi, Partner & Co-Founder (CA Bar #275307).

Disclaimer: This page provides general legal information about California law and is not legal advice. Reading it does not create an attorney-client relationship. Past results do not guarantee future outcomes.

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