In California, crossing outside a crosswalk is not always illegal. It is generally allowed when the road is clear and there is no immediate risk of a collision. However, pedestrians may still be cited if they cross in a way that creates an immediate safety danger.
The Freedom to Walk Act
California passed Assembly Bill 2147, also known as the Freedom to Walk Act. The law took effect on January 1, 2023.
The bill changed California law so pedestrians can generally cross outside a crosswalk without receiving a citation when it is safe to do so.
Before this law, police could cite someone simply for crossing outside a crosswalk. Now, an officer generally may issue a citation only when the crossing creates an immediate risk of a collision.
The law applies throughout California, including Los Angeles, Orange County, San Diego, Riverside, San Bernardino, Sacramento, San Francisco, Fresno, and Bakersfield.
What Is Jaywalking, and What Is Allowed in California
Jaywalking generally means crossing a street outside a designated crossing area or against a traffic signal.
In California, the following actions are generally allowed:
- Crossing within a marked crosswalk.
- Crossing within an unmarked crosswalk at an intersection.
- Crossing when the pedestrian signal displays “Walk.”
- Crossing outside a crosswalk when traffic is clear, and there is no immediate danger.
The Freedom to Walk Act does not allow all instances of jaywalking if they are reckless to either the pedestrian or surrounding vehicles.
A pedestrian may still be cited for:
- Crossing when approaching vehicles creates an immediate danger.
- Stepping suddenly into the path of a vehicle.
- Ignoring a signal that prohibits pedestrians from crossing.
- Crossing between controlled intersections where pedestrians are required to use a crosswalk.
Whether or not they are jaywalking, pedestrians must still use reasonable care whenever they enter the road.
Pedestrian Accidents Involving Jaywalking
Pedestrian accidents remain a serious problem across California. According to the California Office of Traffic Safety, 1,106 pedestrians were killed in traffic crashes in 2023.
This was nearly 9% fewer than in 2022. However, pedestrian deaths were still 56% higher than in 2014.
Jaywalking may be involved in some accidents, but it does not automatically mean the pedestrian caused the crash. Driver behavior, road conditions, lighting, and visibility may also contribute.
Where Pedestrian Accidents Happen
Pedestrian accidents can happen anywhere in California. Some locations present greater risks, including:
- Busy intersections
- Multilane roads
- Streets with higher speed limits
- School zones
- Public transportation stops
- Roads with limited lighting
- Areas without convenient crosswalks
Common Causes of Pedestrian Accidents
Many pedestrian crashes involve more than one cause. Common factors include:
- Distracted driving
- Speeding
- Failure to yield
- Driving under the influence
- Poor lighting or visibility
- Dangerous road design
- Crossing when it is unsafe
Investigators must look at everything that happened before deciding who was responsible.
What Happens If You Hit a Jaywalker?
A driver is not automatically free from responsibility because a pedestrian crossed outside a crosswalk.
California follows pure comparative negligence. This means responsibility may be divided between the driver and the pedestrian based on the actions of each person.
A pedestrian could share fault for crossing when it was unsafe. A driver could share fault for:
- Speeding
- Texting while driving
- Driving while impaired
- Failing to yield
- Failing to react reasonably
What to Do If You Were Hit While Jaywalking
If you were hit by a vehicle:
- Call 911 and report the accident.
- Seek medical care as soon as possible.
- Take pictures of the scene, vehicle, traffic signals, and your injuries.
- Collect contact information from the driver and witnesses.
- Keep your medical bills, wage records, and other accident-related documents.
- Avoid accepting an insurance settlement before understanding your rights.
- Speak with a California pedestrian accident lawyer.
A lawyer can investigate the crash, collect evidence, determine how fault should be divided, and handle communication with the insurance company.
Contact Our California Pedestrian Accident Attorneys
If you were injured while crossing outside a crosswalk, do not assume that you have no legal options. Depending on the circumstances, you may still be able to pursue compensation for medical expenses, lost income, pain, and other damages.
At TORKLAW, we help injured pedestrians throughout California understand their rights and explore their legal options.
When you contact our team, you can expect:
- A free consultation
- Assistance available 24 hours a day, 7 days a week
- No attorney fees unless we recover compensation for you
- Personal support throughout the legal process
Contact our TORKLAW pedestrian accident attorneys today to discuss your accident and learn about your legal options.
