CA - failing to yield to pedestrian on skateboard

[westinghouse10]

What is the name of your state (only U.S. law)? CA

I got a ticket 21950(A) - failed to yield to pedestrian on skateboard in a marked crosswalk.

I was making a right turn on a green light, and when I started making the turn there was no one at the crosswalk. When I was about 75% done making the turn there was a guy on a skateboard that was on the street next to my car.
It seemed like he appeared out of no where and was moving pretty fast (maybe 15 miles per hour). If I plead not guilty do I have a case?

 

[davew128]

He was on a skateboard. On prinicpal, you should have hit him.

 

[Maestro64]

Technically, since he was on wheel is he a pedestrian anymore.


I know CA is very protective of the average pedestrian and they get far more leniency when it come to the law and I know this has been a hotly debated topic on this board... however.

This one brings up and interesting question to debate for someone to find the facts behind the law. At what point do you have to yield to a pedestrian relative to your cars position to the pedestrian/cross walk.

We all know the law on running a red light clearly states (except in VA) it the moment you cross the stopline/crosswalk and the light turning red.

In this case the car is in the crosswalk and the person step off, do you have to yield. If you saw the person standing there are you expect to anticipate that the person might step into the cross walk and at what point. It is kind of like anticipating the yellow to red transition. however in this case you do not good experience of when that will happen since some people are not as bright as others.

 

[CdwJava]

If the pedestrian jumped into the crosswalk after you had started your turn into it, then the pedestrian was required by 21950(b) to yield until it was safe. However, it appears the officer either did not know about the pedestrian requirement to yield, or he believed you had sufficient time to yield and did not. Whether you prevail at court or not is something we cannot answer.

And, in CA a pedestrian includes a person on a skateboard as it is human powered:

467. (a) A "pedestrian" is a person who is afoot or who is using
any of the following:
(1) A means of conveyance propelled by human power other than a
bicycle.
(2) An electric personal assistive mobility device.
(b) "Pedestrian" includes a person who is operating a
self-propelled wheelchair, motorized tricycle, or motorized
quadricycle and, by reason of physical disability, is otherwise
unable to move about as a pedestrian, as specified in subdivision
(a).​

- Carl

 

[FlyingRon]

Watch out for the unicyclists too then!

 

[CdwJava]

Watch out for the unicyclists too then!

We don't even impose a bag limit on unicyclists ... mimes are open season, too.

- Carl

 

[Zigner]

We don't even impose a bag limit on unicyclists ... mimes are open season, too.

- Carl

I had an interesting conversation with a mime recently:

Me: Hello there...

Mime:

Me: You don't say...and the box was how big?

Mime:

Me: Well, at least you had a rope...


etc. etc. etc.