Do pedestrians always have the right of way?

In the US, I have heard it said "pedestrians always have the
right-of-way" but I think it's an old wives tale and not true in RL.

Found an article that seem apropos. Even sites "vehicle code" (assuming
referring to SF, or CA)

"The other morning, on my normal cycling commute to the train station, a
pedestrian yelled at me. I had been waiting at a red light. When it
turned green, I started into an intersection heading north. On the other
side of the intersection, as I was about halfway through, a pedestrian
and his friend who had been walking west stepped into the street,
directly in my path. Again, I had a green light. They had red.
Noticing that their light was red, the friend looked up, said "oops,"
and stopped. But the pedestrian blustered on, staring me down for good
measure. By the time I got close to him, he was still only a few steps
into the intersection, so I looked over my left shoulder to make sure
there were no cars behind me, moved to my left a bit, and rode in front
of him (in other words, directly in his path) since there was more space
in front of him than there was between his ample butt and the curb.

Naturally, he gave me a nasty look and gestured with his hands in a
"what gives?" sort of way. Like a dope, I said something lame about how
I had a green light. In a flash, his face flushed. "I'm a pedestrian,"
he shouted. "Pedestrians always have the right of way!" It was a lovely
morning, but this guy was spoiling for a fight.

"What a dick," I thought, without turning back or slowing to engage the
fool further (I had a train to catch). He wouldn't have been so bold if
I had been behind the wheel of a garbage truck, but a cyclist? That was
a battle he was apparently prepared to pick.

Then, quick on the heels of that thought, I began to wonder if his claim
of legally granted entitlement was even true.

An attorney friend thought it probably was, even if the pedestrian was
clearly jaywalking. But I wasn't convinced, so I looked it up. Here's
what it says in the Vehicle Code:

"Right-of-Way at Crosswalks


21950. (a) The driver of a vehicle shall yield the right-of-way to a
pedestrian crossing the roadway within any marked crosswalk or within
any unmarked crosswalk at an intersection, except as otherwise provided
in this chapter.

(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.

(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."

So, I had been following Subdivision (d) by taking care to avoid this
rather arrogant pedestrian, even though he was jaywalking. Brownie
points for me. But I could not find a clause that states, in so many
words, that a pedestrian does not have the right of way in a crosswalk
if they are jaywalking. So maybe I lose on a technicality? If you know
for sure, please let me know.

The closest I could come to vindication was an article in the Whittier
Daily News written by Al Perez of the California Highway Patrol. In it,
he cites a Sgt. Billy Tyler of the Temecula Police Department who says
that "When a pedestrian has the green light to walk, they have the
right-of-way. However, if the vehicle has the green light, the
pedestrian must yield to the vehicle and must obey the pedestrian
signal."

That seems reasonable enough, although a police officer's interpretation
of the law may not be the same as a judge or jury's. Bottom line, I will
continue to ride my bike through intersections when given a green light,
and I'll also continue to take measures to avoid hitting the jaywalkers
in my path. Fair?

http://www.examiner.com/article/do-p...e-right-of-way