Pedestrians are generally prohibited from walking on California freeways and expressways, though the specific restrictions depend on posted signs and local ordinances. California law provides a complex framework that balances pedestrian safety with the practical realities of controlled-access highways, while offering limited exceptions for emergency situations.
Legal Framework Governing Highway Pedestrian Access
California Vehicle Code Section 21960 grants the Department of Transportation and local authorities the power to prohibit or restrict pedestrian access on freeways, expressways, and other controlled-access highways. These restrictions become legally enforceable when appropriate signs are erected at highway entrances and approaches, clearly notifying pedestrians that entry is prohibited. However, any ordinance or resolution adopted after January 1, 2005, to prohibit pedestrian access must be supported by an official finding that the freeway lacks pedestrian facilities and that pedestrian use would create a safety risk.
The law recognizes that most California freeways are designed exclusively for motor vehicle traffic, with high-speed limits typically ranging from 65 to 70 miles per hour and no sidewalks or safe pedestrian pathways. Given these conditions, authorities routinely post “No Pedestrians” signs on freeway on-ramps and along controlled-access sections to prevent people from walking on these dangerous roadways.
Emergency Exception for Disabled Vehicles
California law carves out an important exception for motorists whose vehicles break down on freeways or expressways. Under Vehicle Code Section 21960, drivers or passengers of a disabled vehicle stopped on a freeway may walk to the nearest exit in either direction on the side of the roadway where their vehicle is disabled to reach telephone or motor vehicle repair services. This emergency provision recognizes that stranded motorists sometimes have no alternative but to walk along the freeway shoulder to seek help, despite the inherent dangers.
This exception is narrowly tailored and applies only to people whose vehicles have broken down, not to pedestrians who simply choose to walk on freeways for other purposes. Even when exercising this right, individuals should remain as close to the edge of the roadway as possible and exercise extreme caution.
Walking on Roadways Outside Business and Residential Districts
For roadways that are not controlled-access freeways, California Vehicle Code Section 21956 governs pedestrian behavior. This law states that pedestrians walking on roadways outside of business or residential districts must walk close to the left-hand edge of the roadway, facing oncoming traffic. Pedestrians may walk close to the right-hand edge of the roadway only if a crosswalk or other safe means of crossing is unavailable, or if existing traffic conditions would compromise safety when attempting to cross.
Importantly, as amended by Assembly Bill 2147 in 2023, peace officers cannot stop pedestrians for violations of this section unless a reasonably careful person would recognize an immediate danger of collision with a moving vehicle. This reform, part of the broader Freedom to Walk Act, aims to reduce unnecessary enforcement while still prioritizing pedestrian safety.
The Alarming Statistics Behind Highway Pedestrian Restrictions
The strict prohibitions on pedestrian access to California highways are rooted in sobering safety statistics. California consistently leads the nation in pedestrian fatalities, with more than 1,100 pedestrian deaths reported annually. In 2022 alone, 1,158 pedestrians were killed in motor vehicle traffic crashes across the state. Between 2014 and 2018, pedestrian deaths rose by 26 percent, and nearly 7,500 pedestrians died on California roadways during that five-year period.
California’s pedestrian fatality rate is approximately 25 percent higher than the national average, and no state has more pedestrian deaths on its roadways. Pedestrians account for 25 percent of all traffic deaths in the state, and nearly 15,000 pedestrians are injured in traffic crashes each year. About 75 percent of pedestrian fatalities occur at night, when visibility is severely reduced, and non-intersection locations account for 80 percent of fatal pedestrian crashes.
Particularly concerning is data showing that freeways and high-speed arterials are exceptionally deadly, with one in 10 pedestrian deaths occurring on these roadways. Research has found that a larger proportion of pedestrians killed on interstates or other freeways died on dark and unlit roads, with 48 percent of freeway pedestrian fatalities occurring in these conditions compared to 32 percent on other roadways.
Pedestrian Rights on Regular Roads and Crosswalks
While pedestrians face strict prohibitions on freeways, they enjoy substantial protections on regular streets and at crosswalks. California Vehicle Code Section 21950 requires drivers to yield the right-of-way to pedestrians crossing within any marked or unmarked crosswalk at an intersection. All street intersections are legally considered crosswalks, whether or not they are marked with painted lines.
Drivers approaching pedestrians in crosswalks must exercise due care and reduce speed or take any necessary action to safeguard pedestrian safety. Vehicle Code Section 21951 specifically prohibits vehicles from overtaking and passing a stopped vehicle at a marked or unmarked crosswalk when that vehicle has stopped to allow a pedestrian to cross. This law addresses the dangerous “multiple threat” scenario where one vehicle stops for pedestrians, but vehicles in adjacent lanes fail to yield.
Understanding the Freedom to Walk Act
The Freedom to Walk Act, which went into effect on January 1, 2023, significantly reformed California’s pedestrian laws. Assembly Bill 2147 modified several Vehicle Code sections, including sections 21954, 21955, and 21956, to reduce enforcement against pedestrians for jaywalking and similar violations unless there is an immediate danger of collision.
Under the reformed law, pedestrians can cross streets outside of crosswalks as long as it is safe to do so, without facing citations. Police officers can no longer stop pedestrians for jaywalking unless a reasonably careful person would recognize an immediate risk of collision with an approaching vehicle. The legislation aims to reduce discriminatory enforcement practices while maintaining a focus on actual safety concerns rather than technical violations.
The State’s Policy on Pedestrian Access
California law declares it to be state policy that safe and convenient pedestrian travel and access, whether by foot, wheelchair, walker, or stroller, be provided to all residents. The Legislature has directed all levels of government, particularly the Department of Transportation, to work toward providing convenient and safe passage for pedestrians on and across all streets and highways, increasing levels of walking and pedestrian travel, and reducing pedestrian fatalities and injuries.
Despite this stated policy goal, the reality of high-speed, controlled-access highways makes pedestrian access incompatible with safety. The prohibition on pedestrian access to freeways reflects the understanding that these roadways were designed exclusively for motor vehicle traffic and pose unacceptable risks to people on foot.
Penalties and Enforcement Considerations
While specific penalty amounts vary, pedestrians who violate crosswalk and roadway laws can face infractions with fines. Historically, jaywalking violations under Vehicle Code Section 21955 carried a base fine of 196 dollars plus administrative fees and assessments, though enforcement has been significantly curtailed under the Freedom to Walk Act. Walking on prohibited freeways or expressways where “No Pedestrians” signs are posted can result in citations, though enforcement often focuses more on removing pedestrians from dangerous situations than on punitive measures.
Drivers who fail to yield to pedestrians in crosswalks face infractions typically carrying fines of 286 dollars, and one point is assessed on their DMV driving record. These penalties reflect California’s commitment to protecting vulnerable road users and holding drivers accountable when they fail to exercise due care.
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