Do drivers have to yield to cyclists in California? What about jaywalkers? What law says


When streets intersect in California and the worlds of bicycling, driving and walking collide, who has the right-of-way and when?

The California Vehicle Code defines and outlines the rules of the road — from flashing your high beams to turning on red lights — for travelers to follow on a daily basis.

Here’s how California law defines what a “pedestrian” is and when they have the right-of-way.

Who is considered a pedestrian under California law?

California law states that a “pedestrian” is a person who is either traveling on foot; using something that moves with human effort other than a bicycle, such as a skateboard, or operating an electric mobility device.

A “pedestrian” includes someone who is operating a wheelchair, motorized tricycle or quadricycle, according to California Vehicle Code 467.

Ronald Ongtoaboc, a spokesperson for the California Department of Motor Vehicles, said bicyclists are not considered pedestrians as defined in vehicle code 467.

Since a bicyclist is not considered a pedestrian, Ongtoaboc said bicyclists have the same rights and responsibilities as motorists.

“Bicyclists must use a bike lane, whenever possible, or use a through traffic lane,” Ongtoaboc said. “They cannot ride on the sidewalk unless allowed by a city.”

According to vehicle code 21200, a bicyclist operating on a highway is subject to the California Vehicle Code applicable to drivers, including laws involving driving under the influence of alcohol or drugs.

“This means that bikes must yield the right of way under the same conditions as motor vehicles,” Ongtoaboc said.

When do pedestrians have the right-of-way?

When entering traffic, the California Department of Motor Vehicles handbook states drivers must proceed with caution and yield to pedestrians, bicyclists and other motorists already in the lanes.

Pedestrians always have the right-of-way under any circumstance.

“Although pedestrians have the right-of-way, they also must follow the rules of the road,” the handbook states.

According to vehicle code, pedestrians cannot leave a curb and walk into the path of a vehicle to cause a hazard.

If a pedestrian is crossing a road at a crosswalk, drivers and bicyclists must always use caution, reduce their speed and allow the pedestrian to safely finish crossing, the DMV handbook states.

“Bicyclists are not considered pedestrians as defined in (the vehicle code), but may be considered pedestrians only when walking next to their bike,” Ongtoaboc said.

Drivers and bicyclists should always allow pedestrians enough time to safely cross even if they require extra time, the handbook states.

“If a pedestrian makes eye contact with you, they are ready to cross the street,” the DMV website states. “Yield to the pedestrian.”

If a driver has a green light, do they have to yield to others?

Even if a driver has a green traffic signal indicating that they can go, Ongtoaboc said they should still stop for any vehicle, bicyclist, or pedestrian already in the intersection.

“Motorists can only proceed if they have enough space without creating a danger to any oncoming vehicle, bicyclist or pedestrian,” Ongtoaboc said.

If there is a marked crosswalk, drivers should stop at the limit line and allow pedestrians to cross.

“Pedestrians have the right-of-way in marked or unmarked crosswalks,” the DMV handbook states.

While crosswalks are often marked with white lines, school crossings can have yellow lines and other crosswalks are not marked at all.

What if the pedestrian is jaywalking?

Although Californians are no longer generally cited for jaywalking, it is still illegal to cross the street at places other than crosswalks or intersections.

If a pedestrian is crossing the road at an unmarked crosswalk and it is clear they are creating a hazard for motorists, then they can be stopped and ticketed for jaywalking.

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