Pedestrian Right of Way Laws in San Diego: Who Is at Fault?
San Diego is one of California’s most walkable cities, with its beautiful beaches, popular tourist destinations, and busy downtown streets. But with more pedestrians comes an increased risk of accidents — especially when drivers and pedestrians aren’t clear about California’s pedestrian right of way laws. If you or a loved one has been injured in a pedestrian car crash in San Diego, understanding who had the right of way is crucial when pursuing a personal injury claim.
What is the Pedestrian Right of Way Law in California?
California Vehicle Code § 21950 states that drivers must yield the right of way to pedestrians crossing the road within any marked crosswalk or unmarked crosswalk at an intersection.
This means that even if the crosswalk isn’t painted, drivers in San Diego must stop for pedestrians crossing at corners or intersections.
However, pedestrians also have responsibilities under the law. They cannot suddenly leave the curb or step into the street in front of a vehicle that doesn’t have time to stop.
San Diego Crosswalk Laws Every Driver Should Know
San Diego drivers must be especially cautious in pedestrian-heavy areas like:
- Downtown San Diego
- Pacific Beach
- Gaslamp Quarter
- Little Italy
- Balboa Park
- Near schools and universities
Drivers Must:
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Yield to pedestrians in both marked and unmarked crosswalks.
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Stop for pedestrians at intersections — even without traffic signals.
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Never pass a car stopped at a crosswalk — it could be yielding to a pedestrian.
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Exercise extra caution in neighborhoods, near parks, and near schools.
Pedestrian Safety Tips for San Diego Residents
While pedestrians have the right of way in many situations, they also have legal duties to follow.
Pedestrians Should:
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Use crosswalks when available.
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Obey pedestrian signals at intersections.
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Avoid stepping into traffic suddenly.
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Stay alert — distracted walking (texting while crossing) can be dangerous.
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Be cautious when crossing busy streets like Broadway, Harbor Drive, and Pacific Highway.
What About Jaywalking in San Diego?
California updated its jaywalking laws in 2023, allowing pedestrians to cross outside of a crosswalk if it’s safe to do so. However, jaywalking is still illegal if it creates a hazard or risk of a collision.
Even if a pedestrian is jaywalking, San Diego drivers still have a duty to avoid a crash if reasonably possible.
Who is Liable in a San Diego Pedestrian Accident?
Determining fault in a pedestrian accident often comes down to who had the right of way — but it’s not always black and white.
California follows comparative negligence rules. This means:
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A pedestrian may still recover compensation even if they were partially at fault.
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A driver may share liability if they failed to yield or weren’t paying attention.
What Compensation Can Pedestrian Accident Victims Recover?
If you’ve been hit by a car while walking in San Diego, you may be entitled to compensation for:
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Medical bills
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Lost wages
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Pain and suffering
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Future medical care
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Permanent disability
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Wrongful death (for surviving family members)
Contact a San Diego Pedestrian Accident Lawyer Today
Pedestrian accidents in San Diego can leave victims with serious injuries, medical expenses, and emotional trauma. Don’t try to handle your claim alone.
At Ray Padilla Law APC, our experienced San Diego pedestrian crash attorneys know California’s pedestrian right of way laws and how to fight for the compensation you deserve.
Free Consultation — No Fee Unless We Win.
Contact us today at (619) 431-1187 to speak with Attorney Ray directly, even if it is just to ask “What should I do?” Let us help you get back on your feet.