Traffic Laws for San Jose Pedestrians

Like motorists, pedestrians are required to follow certain traffic laws while using the road. Understanding the traffic laws that apply to pedestrians in San Jose can help clarify who may be at fault in an accident and responsible for resulting damages. An experienced attorney can further evaluate the circumstances of your case and identify liable parties by applying applicable laws, including California’s Freedom to Walk Act.

What Defines a Pedestrian?

According to San Jose traffic laws for pedestrians, a pedestrian refers to any vulnerable road user, including:

• Walkers
• Runners and joggers
• Skateboarders and roller skaters
• People in wheelchairs
• Individuals with disabilities using certain assistive devices, such as crutches

However, cyclists, users of hoverboards, and others using similar vehicles do not qualify as pedestrians under state law.

Determining Right of Way for Pedestrians

San Jose traffic laws require motorists to yield to pedestrians crossing the street in designated crosswalks by slowing down or stopping when necessary. These protections apply to both marked and unmarked crosswalks. Pedestrians also have the right of way on sidewalks, including situations where drivers must cross a sidewalk while backing out of a driveway or making a turn.

Under California’s Freedom to Walk Act, pedestrians are no longer subject to citations for crossing the street outside of a crosswalk, provided they do so safely and exercise reasonable care. At the same time, drivers and other road users must remain alert for pedestrians and follow safe driving practices at all times to help prevent accidents.

Although pedestrians do not always have the right of way in every situation, drivers may still be held liable for a collision if they fail to act with reasonable care. When pedestrians are present, motorists are expected to slow down or stop when it is safe and necessary to avoid causing harm.

Specific Rules for Crosswalks

Crosswalks provide important guidance that pedestrians in San Jose are required to follow under California traffic laws. Many crosswalks are controlled by electronic signals that display “Walk” and “Don’t Walk” indicators, telling pedestrians when it is safe to cross.

Under California Vehicle Code section 21456, pedestrians must yield to vehicles that are already lawfully within the crosswalk, even when a “Walk” signal is displayed. If the signal begins flashing or changes to “Don’t Walk,” pedestrians are required to finish crossing the street promptly and reach the other side before the signal cycle ends.

An experienced personal injury attorney can review the circumstances of a pedestrian accident and determine whether traffic laws place liability on another party for the injuries you sustained.

Consult a San Jose Attorney About Traffic Laws for Pedestrians

Although San Jose traffic laws do not always grant pedestrians the right of way, motorists and other parties are often responsible for pedestrian accidents due to negligent behavior, whether the pedestrian was in a designated crosswalk or elsewhere along the roadway. With the help of a trusted personal injury lawyer, you may be able to gather evidence demonstrating how a driver or another party caused the accident through negligence or, in some cases, reckless or malicious conduct. Key evidence may include police reports, surveillance or traffic camera footage, photographs of the accident scene, and medical records documenting your injuries.

Contact an experienced personal injury attorney today to discuss the details of your case and determine whether you may be entitled to compensation from motorists, property owners, or other liable parties following an accident.