Do pedestrians always have the right of way, even if they're not using a crosswalk?

Pedestrians do not necessarily have the right of way, even at a crosswalk. They do have responsibilities to motorists to walk in a manner that is conducive to everybody's safety. You will not automatically be at fault if you hit a pedestrian who is in the roadway, if it can be seen that you were operating your vehicle properly, and could not have reasonably avoided it.

To expand on the other post, it depends on your state. In someplaces in the USA, pedestrians are restricted to crossing streets in crosswalks, at intersections, etc. To cross the street somewhere other than a legal crossing point will not result in any liability for the driver. Unfortunately, that necessary law, is going the way of the ghost. In rural areas, pedestrians do not typically have the right of way and there are special rules for walking on roads in typically rurals area--such as walking against traffic.


If you want a full answer, you specifically need to check your state's laws. Even within a state, the rules can change for those streets and byways controlled solely by a community, municipality, or county. I live in the South Shore of Boston, and there are some roads which are owned soley by the city and have specific rules, county roads with county rules and state numbered roads which have rules by the fun loving state of Mass

According the the GA driver's manual:
Drivers must yield to pedestrians:
1. The driver of a vehicle shall stop and remain stopped to allow a pedestrian to cross the roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling, or when the pedestrian is approaching and is within one lane of the half of the roadway on which the vehicle is traveling or onto which it is turning. For the purposes of this subsection, "half of the roadway" means all traffic lanes carrying traffic in one direction of travel.
2. When making a left or right turn at any intersection.
3. At stop signs, after coming to a complete stop and before proceeding.
4. At traffic signals, even when the light is green, if pedestrians are still in crosswalk.
5. When entering a street or highway from an alley, driveway, or private road.
6. When approaching a blind person who is crossing a street or highway if they are carrying a white cane or being guided by a dog.

Yes, they do. If you hit one, you'll get charged with either assault with a deadly weapon of vehicular manslaughter.