California Vehicle Code: CVC 21456 Pedestrian Crosswalk
California Vehicle Code § 21456 requires you to yield the right-of-way to pedestrians crossing the road at an intersection when they are within a marked or unmarked crosswalk.
CVC 21456: If a pedestrian control signal showing the words “WALK” or “WAIT” or “DON’T WALK” or other approved symbol is in place, the signal shall indicate as follows:
(a) A “WALK” or approved “Walking Person” symbol means a pedestrian facing the signal may proceed across the roadway in the direction of the signal, but shall yield the right-of-way to vehicles lawfully within the intersection at the time that signal is first shown.
(b) A flashing “DON’T WALK” or “WAIT” or approved “Upraised Hand” symbol with a “countdown” signal indicating the time remaining for a pedestrian to cross the roadway means a pedestrian facing the signal may start to cross the roadway in the direction of the signal but must complete the crossing prior to the display of the steady “DON’T WALK” or “WAIT” or approved “Upraised Hand” symbol when the “countdown” ends.
(c) A steady “DON’T WALK” or “WAIT” or approved “Upraised Hand” symbol or a flashing “DON’T WALK” or “WAIT” or approved “Upraised Hand” without a “countdown” signal indicating the time remaining for a pedestrian to cross the roadway means a pedestrian facing the signal shall not start to cross the roadway in the direction of the signal, but any pedestrian who started the crossing during the display of the “WALK” or approved “Walking Person” symbol and who has partially completed crossing shall proceed to a sidewalk or safety zone or otherwise leave the roadway while the steady “WAIT” or “DON’T WALK” or approved “Upraised Hand” symbol is showing.
The code does state that the pedestrian has a duty of using care when crossing but a driver must “exercise all due care” and reduce the speed of the vehicle to avoid injury to a pedestrian.
In other words, you can receive a California traffic ticket for failing to yield the right-of-way to pedestrians in a crosswalk because you have a duty of care. The driver also has the same duty of care which can make it difficult to understand who is at fault.
Crosswalk violations are confusing and up to the individual officer’s interpretation of the events. Many intersections are not marked clearly and leave pedestrians wondering where the correct place to cross is located.
If you are found guilty of violating CVC § 21456, you can face a fine of $238 and one point on your driver’s license
Failure to Yield Right of Way in a Crosswalk is Confusing
Other intersections are poorly lit/maintained with fainted lines or no markings at all. It is always best to error on the side of caution due to the risk involved with crossing any active roadway.
This is not true by definition you must wait until the person(s) has completely crossed through the intersection and are safely walking on the curb or sidewalk.
There is a common myth that you can drive through a crosswalk if the pedestrian has already passed through your vehicle’s location
To avoid criminal and civil penalties, reduce distractions while driving so that you can focus on the road ahead of you at all times. By keeping your eyes focused on the road, you can obey California’s crosswalk laws and avoid causing injury to another person.
California traffic tickets have some of the highest fines in the country. Before you plead guilty and pay a traffic ticket fine, contact Ticket Snipers.
Pedestrian Crosswalk violations can be Dismissed
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