Using the street as a pedestrian can become tiring when crosswalks are spaced far apart. In situations like these, you may find yourself having to double back to cross the street. Sometimes, walking across mid-block is faster and easier, but is jaywalking legal? In California, jaywalking has been decriminalized as long as you do it safely.
Jaywalking is not strictly illegal in California. The state introduced the Freedom to Walk Act in 2023, which allows pedestrians to cross the street mid-block so long as traffic is clear and it’s safe to cross.
This article examines the Freedom to Walk Act and pedestrian rights in California. It also unpacks how state jaywalking laws affect hit-and-runs and other pedestrian accidents, and what to do if you have been hit by a car.
What Is Jaywalking?
Jaywalking is when a pedestrian crosses the street outside a designated crosswalk. It is not a legal term, but rather a colloquial phrase used to describe a host of pedestrian traffic violations. Below are some examples of jaywalking.
- Crossing a city street mid-block, ie: between intersections with traffic signals and marked crosswalks.
- Crossing against a “don’t walk” signal.
- Crossing a street diagonally where there are no marked crosswalks.
- Ignoring a police officer’s crossing directions.
- Stepping out directly into traffic and creating a hazard.
Two types of legal pedestrian crosswalks are defined by California Vehicle Code § 275. It defines marked and unmarked crosswalks. A marked crosswalk is distinctly indicated for pedestrian road crossings. Unmarked or “implied” crosswalks naturally exist where sidewalks cross roadways at right angles.
Historically, California law strictly barred pedestrians from crossing the road anywhere except at marked or unmarked crosswalks. In 2023, the law changed with the Freedom to Walk Act.
Is Jaywalking Illegal in California? Understanding the Freedom to Walk Act
Jaywalking is still illegal in California, but enforcement has changed under the Freedom to Walk Act (AB 2147), which took effect on January 1, 2023. The new law amended California Vehicle Code § 21955. Previously, police officers could issue jaywalking citations even if the crossing posed absolutely no danger to the pedestrian.
For example, before the Freedom to Walk Act, police officers could issue a jaywalking ticket to someone crossing an empty street at 2:00 am. Under the new regulations, police may only stop a pedestrian when there is an immediate danger of collision with a moving car, bike, or other vehicle.
The new law focuses on the safety of the crossing rather than its location. Its goal is to reduce unnecessary citations for pedestrians and allow people to cross the street anywhere, as long as it’s safe. The new regulations do not excuse unsafe crossings, and you can still get a ticket for crossings that create a safety hazard to yourself or other road users.
California Pedestrian Rights and Responsibilities
Pedestrians have the right to cross the street safely at crosswalks and intersections. However, they also have the responsibility to obey traffic signals and use the street safely. According to California Vehicle Code § 21950, pedestrians have the right-of-way when crossing the street at a crosswalk. Drivers must yield to the pedestrian and approach them with caution.
However, the law clearly states that pedestrians also have a duty of care to protect their own safety. For example, it is illegal to step into oncoming traffic, run into the path of a car, stop in the middle of a crosswalk, or disobey a “don’t walk” sign when traffic is approaching.
Drivers and pedestrians share responsibility for road safety in California. Both parties must work together to protect each other’s safety and avoid accidents.
Can You Still Get a Jaywalking Ticket in California?
You can still get a jaywalking ticket in California if you cross the road unsafely. Police officers can legally give you a ticket in any situation where your crossing creates a safety hazard for yourself or drivers. Below are some examples of when you may get a ticket.
- Crossing mid-block when a car is speeding towards you.
- Running across a marked crossing after the “don’t walk” signal lights up.
- Stepping into oncoming traffic so suddenly that a driver must slam on their brakes.
- Crossing diagonally through a busy intersection without an “all-way” pedestrian signal.
Under the new regulations, crossing away from a crosswalk doesn’t automatically mean you will get a jaywalking ticket. Officers can now decide whether to issue one based on safety and traffic conditions. Jaywalking tickets in California generally cost about $200, including fees.
Can You Sue If You’re Jaywalking and Get Hit in California?
You can still sue a driver for hitting you with their car even if you were jaywalking. California uses a comparative negligence system that allows two parties to share the blame for road accidents. Under this system, your compensation is reduced by your percentage of fault.
For example, if you were crossing the street mid-block and a speeding driver knocks you over, a judge may rule that 60% of the fault lies with the driver and 40% lies with you. If your compensation should be $10,000, it will be reduced by 40% to $6,000. This system allows you to recover at least some compensation, even if the accident was partially your fault.
Jaywalking does not automatically bar you from filing a lawsuit against the driver. A pedestrian accident attorney can help you determine who was at fault for the accident and how much compensation you can recover. The value will depend on the circumstances surrounding the crash and how much evidence you were able to preserve.
Get Legal Help for Pedestrian Accident Cases in California
Jaywalking is only illegal in California when the crossing is unsafe. The Freedom to Walk Act allows pedestrians to cross the road anywhere, as long as it does not endanger anyone. Under the new regulation, police officers may not stop pedestrians unless they create an immediate safety hazard for themselves or others on the road.
Jaywalking regulations aim to increase pedestrian safety. That being said, accidents still happen. If you’ve been involved in a pedestrian accident, even if you were jaywalking, you have the right to sue the driver. A personal injury lawyer from HHJ Trial Attorneys can help evaluate your case. We offer expert legal guidance and negotiation support. Schedule a free consultation today.
