When most people think of highways, they imagine fast-moving vehicles, strict traffic rules, and safety regulations designed for drivers. What often gets overlooked is the issue of pedestrians and roadway walking laws a complex area of legislation that varies from state to state. While walking on the side of a highway may seem harmless to some, it has been at the center of high-profile legal cases, tragic accidents, and shifts in how states regulate pedestrian safety.
This article examines the history of these laws, the real-world incidents that shaped them, and the ongoing debate over whether highways should ever be shared with those on foot.
Why Walking on Highways Is Restricted
Highways are designed for speed, efficiency, and uninterrupted travel. Pedestrians create a unique danger in these environments because drivers rarely anticipate seeing someone walking on the shoulder or crossing lanes. According to the National Highway Traffic Safety Administration (NHTSA), pedestrian fatalities on highways account for a disproportionate percentage of overall road deaths.
For that reason, most states in the U.S. prohibit pedestrians from walking on controlled-access highways unless in emergency situations, such as a car breakdown. Still, enforcement has not always been consistent, and real-life incidents have brought attention to the gaps in these laws.
The Legal Foundation of Roadway Walking Laws
Pedestrian access to highways is usually governed by state vehicle codes. For example:
- California Vehicle Code §21960 restricts pedestrians from controlled-access highways, with exceptions for emergencies.
- Texas Transportation Code §552.006 prohibits walking along a roadway if sidewalks are provided and accessible.
- New York Vehicle and Traffic Law §1156 requires pedestrians to walk facing traffic when no sidewalk is available.
These laws stem not just from safety concerns but also from liability issues. Courts have often ruled that municipalities and state transportation departments are not liable for pedestrian injuries if the individual was walking illegally on a highway.
Case Study 1: The Tragedy on I-95
One of the most cited cases in pedestrian highway safety occurred on I-95 in Florida, where a stranded motorist chose to walk along the shoulder after his car broke down. Despite wearing reflective clothing, he was struck and killed by a driver who swerved unexpectedly. The case drew national attention because it highlighted the blurred line between necessity and illegality.
Lawmakers used the incident to revisit Florida’s roadway walking laws, emphasizing clearer guidance on when pedestrians can be present on highways. It also pushed for public awareness campaigns urging drivers to call roadside assistance rather than attempting to walk to safety.
Case Study 2: Wrongful Death Claims in Georgia
In Georgia, a family filed a wrongful death lawsuit after a pedestrian was killed on a restricted-access highway. The case centered on whether the state had provided adequate signage warning that pedestrians were prohibited. While the court ultimately sided with the state, the case underscored the importance of visible, well-maintained signage to enforce pedestrian restrictions.
This incident shaped state policy by requiring more consistent roadway markings and education campaigns around pedestrian safety.
Case Study 3: The “Jaywalking on Highways” Debate in California
California has long been at the center of pedestrian law debates, especially in urban-adjacent highways where foot traffic occasionally spills over. A landmark case involved a man cited for jaywalking after he attempted to cross a Los Angeles freeway on foot. While his citation was upheld, the case spurred conversations about whether fines or community service are more effective in deterring risky pedestrian behavior.
As a result, California’s Department of Transportation strengthened collaboration with local law enforcement to reduce incidents of pedestrians on highways near urban centers.
Broader Impacts of These Incidents
These legal cases reveal several important takeaways:
- Enforcement Must Be Clear – Without visible signage and consistent patrols, laws against walking on highways can seem arbitrary.
- Public Awareness Saves Lives – Campaigns that teach drivers and pedestrians about the dangers of highways reduce incidents.
- Emergency Exceptions Matter – Courts often show leniency when walking on a highway is tied to vehicle breakdowns, highlighting the need for nuanced lawmaking.
Why People Still Walk on Highways
Despite clear restrictions, pedestrians continue to appear on highways for several reasons:
- Stranded Drivers – When roadside assistance is unavailable, some people walk to the nearest exit for help.
- Homeless Populations – In urban areas, highways sometimes intersect with encampments, raising safety challenges.
- Accidental Entry – Tourists or newcomers may mistakenly enter restricted roads on foot.
These realities show that laws alone cannot prevent highway walking; infrastructure and social support systems play an equally critical role.
How Roadway Walking Laws Differ by State
One of the challenges for both pedestrians and law enforcement is the lack of national uniformity. While federal safety agencies provide guidance, states ultimately determine their own rules. For example:
- In Arizona, walking on highways is banned entirely, except in emergencies.
- In Illinois, pedestrians may walk on highways if no alternative path exists, but they must face oncoming traffic.
- In North Carolina, fines are stricter, and repeat offenders can face misdemeanor charges.
This patchwork of rules makes it essential for travelers to be aware of local roadway walking laws before venturing into new states.
The Future of Pedestrian Safety on Highways
With the rise of autonomous vehicles and smart infrastructure, some experts believe pedestrian detection systems may help reduce highway fatalities. Others argue that the focus should remain on prevention: keeping pedestrians off highways entirely through better signage, fencing, and public awareness.
Meanwhile, legal cases will likely continue shaping the interpretation and enforcement of these laws. Each tragic incident adds to the conversation, ensuring that pedestrian safety remains a national priority.
Final Thoughts
Walking on a highway is not only dangerous—it’s often illegal. The legal cases and real-world incidents outlined here demonstrate how roadway walking laws have evolved in response to tragedy. While the intent of these laws is to protect pedestrians and drivers alike, gaps remain, and each state continues to grapple with balancing enforcement, public awareness, and compassion for those in emergency situations.
As highways grow busier and safety concerns rise, these laws will remain an essential part of road safety discussions. Whether you’re a driver or a pedestrian, knowing the rules could mean the difference between life and death.
