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Pedestrian Safety: Is Jaywalking Legal in California?

Walking is a great way to get around, but crossing the street can sometimes feel risky—especially in busy California cities. Whether you’re walking in your neighborhood or navigating a crowded downtown, knowing when and where you can legally cross is important for reducing the risk of accidents.

California’s jaywalking laws are more than just rules; they protect you from serious accidents. In this blog, we’ll break down what California law says about jaywalking infractions, why crosswalks are essential for your safety, and what to do if you’re ever in an accident.

What is Jaywalking in California?

No Pedestrian crossing

Jaywalking generally means crossing the street in a way that doesn’t follow the rules—like crossing the street outside a crosswalk or against a signal. California law is specific about jaywalking. It’s not just about crossing where you want; it’s about crossing safely and legally.

What Does California Law Say About Jaywalking?

California’s jaywalking laws are designed to protect pedestrians while maintaining orderly roads. California Vehicle Code 21950 outlines where and how pedestrians should cross the street to avoid breaking the law. According to this code:

Drivers must yield to pedestrians crossing in marked or unmarked crosswalks at intersections. They are also required to reduce speed and take necessary precautions to ensure pedestrian safety. While pedestrians have the right-of-way, they must avoid stopping or delaying traffic unnecessarily.

Additionally, California Vehicle Code 21955 states that law enforcement cannot stop a pedestrian for jaywalking unless there is an immediate danger of a collision.

Governor Gavin Newsom in September of 2022 signed the “Freedom to Walk” Act, which decriminalized jaywalking. Effective as of January 1, 2023, this law allows pedestrians to cross outside of crosswalks without facing fines, as long as they do not disrupt traffic or create any danger.

Why Crosswalks Are Important for Safety

Crosswalks give pedestrians a clear, visible place to cross while letting drivers know where to look for people crossing.

There are two types of crosswalks in California:

  1. Marked Crosswalks: These are the clearly painted areas where pedestrians should cross. Drivers are expected to stop and let pedestrians pass.
  2. Unmarked Crosswalks: Some intersections without painted lines are still legally considered crosswalks. Pedestrians have the right to cross, but should exercise caution because there can be a danger of a collision.

When using a crosswalk, you have legal protection, but you should always be alert for drivers who might not see you.

Common Myths About Jaywalking in California

Is Jaywalking in California Legal?

Let’s clear up some common myths about jaywalking:

Myth 1: “Jaywalking is always illegal.” – Jaywalking is legal in California, however the legality can depend on where and how you cross. If you cross safely and don’t disrupt traffic, you may not face a penalty.

Myth 2: “Pedestrians always have the right of way.” – Pedestrians do have protections, but they’re also responsible for crossing safely. Dangerous jaywalking could make it harder to claim damages if an accident happens.

Consequences of Jaywalking for Pedestrians and Drivers

Jaywalking can lead to serious accidents, especially in busy areas. According to the National Highway Traffic Safety Administration (NHTSA), California had 1,158 pedestrian fatalities in 2022, with many incidents occurring when pedestrians cross improperly or drivers fail to yield.

Here’s what happens when jaywalking leads to an accident:

  • Risk of Injury: Pedestrians hit by cars often suffer severe injuries, from broken bones to head trauma.
  • Liability and Insurance Claims: If you’re hit while jaywalking, under California’s comparative negligence laws, the driver’s insurance might argue you share some fault.
  • Penalties for Jaywalking: While safely jaywalking is legal in California, you can still be cited for jaywalking if it’s deemed unsafe or disrupts traffic.

Safety Tips for Crossing the Street

Crossing the street safely helps protect you and makes it easier to prove that you acted responsibly if an accident happens.

Here are some safety tips to keep in mind:

  • Use Marked Crosswalks: When possible, cross in clearly marked areas where drivers expect pedestrians.
  • Make Eye Contact: Before crossing the road, make sure the driver sees you.
  • Avoid Distractions: Don’t look at your phone or wear headphones while crossing.
  • Obey Traffic Signals: Follow the “walk” and “don’t walk” signals.
  • Be Extra Cautious at Night: Wear bright clothing or carry something reflective to be more visible.

How a Personal Injury Lawyer Can Help You in a Pedestrian Case

If you’ve been hurt in a pedestrian accident, a personal injury lawyer can provide crucial support. They will investigate your case thoroughly, gathering evidence such as witnesses, surveillance footage, and accident reports to establish the driver’s negligence. They will also handle negotiations with insurance companies to ensure you receive fair compensation for medical expenses, lost wages, and emotional suffering.

If California’s updated jaywalking laws play a role in your case, your lawyer can clarify how these changes might affect your claim. If the insurance company refuses to offer a fair settlement, your attorney will take your case to court and fight for the compensation you deserve.

Need Help After a Pedestrian Accident?

Johnathan Ritter and Edmond El Dabe

A pedestrian accident can happen in the blink of an eye, but you don’t have to go through it alone. Our experienced attorneys will protect your rights, guide you through the legal process, and fight for the compensation you deserve.

Call El Dabe Ritter Trial Lawyers today or fill out the form below for a free consultation and take the first step toward rebuilding your life with confidence and support.

Fill out our form today to schedule your free consultation and take the first step towards justice.