Originally Posted by sbhikes
In California the pedestrian has the right of way over all other roadway users at all times, even when they are doing something illegal or stupid.
That is not correct. Due care is required on the part of the driver, but the pedestrian does not always have the right of way.
21950 (b) This section does not relieve a pedestrian from the duty of using due care for his or her safety. No pedestrian may suddenly leave a curb or other place of safety and walk or run into the path of a vehicle that is so close as to constitute an immediate hazard. No pedestrian may unnecessarily stop or delay traffic while in a marked or unmarked crosswalk.
http://www.dmv.ca.gov/pubs/vctop/d11/vc21950.htm
That they may be doing something illegal does not absolve any other road user from yielding to them. It only means they could get a ticket.
Not quite.
c) The driver of a vehicle approaching a pedestrian within any marked or unmarked crosswalk shall exercise all due care and shall reduce the speed of the vehicle or take any other action relating to the operation of the vehicle as necessary to safeguard the safety of the pedestrian.
(d) Subdivision (b) does not relieve a driver of a vehicle from the duty of exercising due care for the safety of any pedestrian within any marked crosswalk or within any unmarked crosswalk at an intersection.
Note that all of these responsibilites of drivers only apply at marked or unmarked crosswalks.
Pedestrians Outside Crosswalks
21954. (a) Every pedestrian upon a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway so near as to constitute an immediate hazard.
(b) The provisions of this section shall not relieve the driver of a vehicle from the duty to exercise due care for the safety of any pedestrian upon a roadway.
http://www.dmv.ca.gov/pubs/vctop/d11/vc21954.htm
[b]Crossing Between Controlled Intersections[b]
21955. Between adjacent intersections controlled by traffic control signal devices or by police officers, pedestrians shall not cross the roadway at any place except in a crosswalk.
http://www.dmv.ca.gov/pubs/vctop/d11/vc21955.htm