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In California it was the same. A pedestrian is the vulnerable party in any interaction with a motor vehicle, so it makes sense that the pedestrian always has the right of way. But, it was still illegal for a pedestrian to "jay walk". So, if you, as a driver, hit a pedestrian crossing outside an intersection, both you and the pedestrian could both be cited. This year, "jay walking" was decriminalized in California-- and, it turns out pedestrians still try to avoid being maimed/killed by cars even without the threat of fines.

Even with right of way, and decriminalizing "jay walking", the pedestrian can still be assigned some portion of fault in an accident, which e.g., may prevent the pedestrian from successfully suing the driver to pay for medical costs.




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