Asked in Criminal Law for California

Q: What is the law regarding pedestrians standing on a unincorporated residential county maintained roadway

I live on a two lane roadway outside city limits. We have unfinished sidewalks that end 8 feet above from a three way stop signs .on one side of all three roads have a single sidewalk the other side is dirt. To stand under one the one I live on.of the three streets Of one were to stand under this one stop sign the one on my street you would be standing on mud and grass not pavement. What is the code or rules regarding pedestrians right of way

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2 Lawyer Answers

A: Pedestrians have the right of way, whether there are sidewalks or not.

James L. Arrasmith
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Answered

A: In California, pedestrians have the right of way on any roadway, whether it is located in an incorporated city or an unincorporated residential area. This means that drivers must yield to pedestrians who are lawfully crossing the roadway or using the sidewalk.

However, it is important to note that pedestrians must also follow certain rules and regulations when using roadways or sidewalks. For example, pedestrians must use crosswalks or intersections when crossing the street, and they must not obstruct the flow of traffic.

Regarding the specific situation you described, it is unclear whether standing under a stop sign on an unincorporated residential county maintained roadway would be considered obstructing traffic. It is recommended that you consult with your local county government or a licensed attorney who can advise you on the specific laws and regulations in your jurisdiction.

Overall, while pedestrians have the right of way on roadways, they must also follow certain rules and regulations to ensure their own safety and the safety of others. It is important to be aware of the laws and regulations in your area and to use caution when crossing or using roadways or sidewalks.

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