who has the right of way? (california)?

Question

a pedestrian j walks , and you are driving ...... who has the right of way? even thought there is no crosswalk.... dont tell me that you must stop because u will kill the pedestrian , i want to ask who has the right of way

Answer 1

You answered your own question when you began "A pedestrian jaywalks."

You would have the right-of-way. However, this doesn't mean you can deliberately plow the pedestrian over. That would be assault.

As for the inevitable answers that will say pedestrians always have the right of way, that's ignorance talking. In fact, pedestrians don't even necessarily have the right of way when they are crossing in a crosswalk. For example, crossing against the pedestrian light negates any presumed right of way. So, too, does walking into traffic. Pedestrians are required to wait until it is safe to step into the street.

Note that nobody who says pedestrians always have the right of way provides any citations. California's Vehicle Code states: "A pedestrian facing a circular green signal, unless prohibited by sign or otherwise directed by a pedestrian control signal as provided in Section 21456, may proceed across the roadway within any marked or unmarked crosswalk, BUT SHALL YIELD THE RIGHT-OF-WAY TO VEHICLES LAWFULLY WITHIN THE INTERSECTION at the time that signal is first shown" (Sect. 21451). (Emphasis added.)

Further, Sect. 21452 states: "a pedestrian facing a steady circular yellow or a yellow arrow signal, unless otherwise directed by a pedestrian control signal as provided in Section 21456, is, by that signal, warned that there is
insufficient time to cross the roadway and shall not enter the
roadway."

Then we have Sect. 21453: "Unless otherwise directed by a pedestrian control signal as provided in Section 21456, a pedestrian facing a steady circular red or red arrow signal shall not enter the roadway."

See also Sects. 21456, 21950 ("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, except as otherwise
provided in this chapter. (b) This section does not relieve a pedestrian from the duty of using due care for his or her 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. No pedestrian may unnecessarily stop or delay traffic while in a
marked or unmarked crosswalk. (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 relating to
the operation of the vehicle as necessary to safeguard the safety of the pedestrian. (d) Subdivision (b) does not relieve a driver of a vehicle from the duty of exercising due care for the safety of any pedestrian within any marked crosswalk or within any unmarked crosswalk at an intersection."

Anyone who tells you otherwise has no clue what they are talking of, including the supposed driving instructor who apparently can't comprehend the applicable sections of law I just quoted.

Answer 2

In California, there is a presumed crosswalk at EVERY intesection, whether marked or not. (unless there is a sign posted prohibiting pedestrians)

And, in California, that means that the pedestrian ALWAYS has the right of way at an intersection.

Answer 3

The pedestrian always has the right of way, crosswalk or not.

Answer 4

The pedestrian, even if outside a crosswalk, has the right of way. It is the responsibility of the driver to use due diligence and care in the operation of their vehicle.

Answer 5

Pedestrians have the right of way all the time.

Answer 6

In most states the law will side with the pedestrian. You are taught in drivers ed that "the pedestrian "always" has the right of way".

Answer 7

AS THE LAW STATES YOU HAVE THE RIGHT OF WAY BUT YOU STILL HAVE TO LET THAT PERSON WALK THROUGH EVEN THOUGH THIS IS ALL BACKWARDS.

GOOD LUCK