Pedestrian Killed on Highway 99 in Modesto, CHP Investigating

California Vehicle Code 21954 requires pedestrians walking on a highway outside of a marked or unmarked crosswalk to yield the right-of-way to all vehicles on the roadway. However, the same law makes clear that drivers are never relieved of their duty to exercise due care for the safety of any pedestrian on the road. When a fatal crash like this one occurs, CHP investigators examine whether the driver was traveling at a safe, reasonable speed and reacted appropriately to try to avoid the collision.

California’s basic speed law, Vehicle Code 22350, prohibits driving at a speed greater than is reasonable or prudent given the traffic, weather, visibility, and roadway conditions at the time, even if that speed is within the posted limit. On a dark highway at night, this statute can become central to determining whether a driver’s speed was appropriate given reduced visibility of pedestrians. CHP’s ongoing investigation will likely assess the driver’s speed and reaction time relative to these standards.