California’s New Jaywalking Law and Its Impact on Pedestrian Accident Claims

Key Takeaways:

Safe Jaywalking Is Legal in California

• Under the Freedom to Walk Act (AB 2147), pedestrians may now legally cross outside crosswalks if they do not create an immediate danger of collision.

Unsafe Jaywalking Remains Illegal and Ticket-able

• Police may still issue citations when a pedestrian’s actions force drivers to brake, swerve, or risk an accident.

Jaywalking Can Still Affect Accident Liability

• Even when legal, crossing outside a crosswalk may increase a pedestrian’s share of fault under comparative negligence rules.

Negligent Drivers May Still Be Fully Responsible

• If a pedestrian crosses reasonably and is struck by a distracted, speeding, or impaired driver, the driver may be held primarily or entirely liable.

Legal Representation Helps Protect Your Compensation

• An experienced pedestrian accident attorney can help prove safe conduct, counter insurance fault arguments, and maximize recovery under the updated jaywalking law.

Is Jaywalking Still Illegal in California?

No. Jaywalking is no longer automatically illegal in California when done safely.

Thanks to the California’s Freedom to Walk Act (AB 2147), which went into effect in 2023. This allows pedestrians to cross streets outside crosswalks if they do not create an immediate risk of collision. Police may only issue citations for unsafe crossings that endanger traffic. This means cautiously crossing an empty or low-traffic street is generally legal. However, stepping into moving traffic, forcing drivers to brake suddenly, or ignoring traffic signals in dangerous situations remains illegal.

This major change to California law has given pedestrians more leeway in where and how they cross the street. The law now in effect across California relaxes jaywalking rules statewide. This relatively new law was intended to decriminalize safe street crossing and reduce inequitable jaywalking enforcement. But what does it really mean for pedestrians, and is jaywalking legal in California under this Act? More importantly, how could these changes impact who is at fault in a pedestrian accident under California’s comparative negligence rules? While the law gives pedestrians more flexibility, it does not eliminate responsibility. Safe judgment is still required, and unsafe behavior can lead to tickets and legal consequences.

In this post, we’ll break down the Freedom to Walk Act, debunk some common misconceptions, and explain how California’s comparative negligence system works when determining liability for pedestrian accidents. We’ll also explain how a pedestrian accident lawyer can help strengthen your case if you ever find yourself involved in a pedestrian accident.

What Is the 2023 Freedom to Walk Act (AB 2147)?

The Freedom to Walk Act is a California law that changed how jaywalking is enforced. Prior to 2023, jaywalking – crossing a street outside of a crosswalk or against a traffic signal – was illegal and could result in hefty fines (often around $197–$250 in places like Los Angeles) for pedestrians. Police could stop you for stepping into the road outside of a crosswalk even if no cars were coming.

AB 2147, effective January 1, 2023, introduced a safety-based standard such as the following:

• Pedestrians may cross mid-block or outside crosswalks when it is safe.

• Police officers are prohibited from stopping or ticketing pedestrians for jaywalking unless there is an immediate danger of a collision.

• Enforcement focuses on dangerous behavior rather than technical violations.

• The law aims to reduce unfair enforcement and improve roadway safety.

How does this work in practice? Imagine you’re in downtown Los Angeles and want to cross a street that doesn’t have a crosswalk nearby. Under the old law, you could get a ticket for that. Under the Freedom to Walk Act, you can cross legally if no traffic is coming – essentially, safe jaywalking is no longer a ticketable offense in California. The same goes for a quiet neighborhood street in San Diego or a busy block in San Francisco: you have the freedom to cross outside of a crosswalk without fear of a jaywalking ticket, as long as you use due care.

Is Jaywalking Legal in California in 2026?

Yes. Safe jaywalking remains legal in California in 2026. As long as a pedestrian does not interfere with traffic or create a risk of collision, crossing outside a crosswalk is generally permitted under AB 2147. However, dangerous crossings are still subject to enforcement.

In pedestrian collisions, liability depends on the incident’s circumstances, including whether the pedestrian jaywalked dangerously. California law permits safe jaywalking, but it’s not an absolute right. Stepping into traffic unsafely can still lead to citations. The key is ensuring crossings are safe and sensible, as pedestrian safety remains paramount. However, a pedestrian accident lawyer would be able to tell you exactly how these laws apply to your personal injury claim.

Common Misconceptions About Jaywalking in California

Traffic collisions involving pedestrians are a significant concern, often resulting in severe injuries or fatalities. These incidents highlight the importance of understanding the legal implications and safety measures associated with jaywalking.

Whenever a new law like this comes around, misconceptions are bound to arise. Let’s clear up a few common myths about California’s jaywalking law:

Myth: “Jaywalking is now completely legal anywhere, anytime.”

Reality

Not exactly. The Freedom to Walk Act means you won’t get a ticket for jaywalking as long as you cross safely when traffic permits. It does NOT legalize reckless crossing. Pedestrians can still be cited for unsafe jaywalking (nearly a $200 fine) if they create a hazard, and they must yield to vehicles when not in a crosswalk. In other words, you can’t just stroll into high-speed traffic and expect to be protected by this law.

Myth: “If I wasn’t ticketed for jaywalking, I can’t be blamed if a car hits me.”

Reality

Even if the police don’t cite you, fault in an accident is a separate issue. Not getting a ticket doesn’t automatically make you free of responsibility if a collision occurs. Pedestrians still have a duty to be careful, and drivers still must be careful around pedestrians. In an accident, California’s comparative negligence rules will apply – meaning both the driver and the pedestrian can share fault based on the circumstances.

Myth: “If I was jaywalking when I got hit, I can’t recover any compensation for my injuries.”

Reality

Wrong. In California, being partly at fault (for example, jaywalking) does NOT prevent you from recovering damages in a personal injury claim. Thanks to pure comparative negligence, you can still file a pedestrian accident claim and recover compensation even if you were jaywalking – your award may just be reduced by your percentage of fault. So, a pedestrian accident victim shouldn’t automatically assume they have no case if they were outside a crosswalk. You may still have a right to recovery, depending on the situation. However, always consult a pedestrian accident lawyer before making an decisions about your case.

What Should You Know About Pedestrian Safety in California?

Pedestrian safety remains a serious concern in California, with thousands of pedestrians injured or killed in accidents involving motor vehicles every year. Pedestrian accidents can result in serious injuries, including traumatic brain injuries, broken bones, and even death. Understanding the causes of pedestrian accidents and taking steps to prevent them is essential for ensuring the safety of everyone on the road.

Experienced pedestrian accident lawyers play an important role in helping injured pedestrians recover compensation for medical expenses, lost income, and pain and suffering. These legal professionals have the expertise to navigate the complexities of these cases, ensuring that pedestrian accident victims receive the fair compensation they deserve. Whether it’s dealing with medical bills, lost income, or pain and suffering, pedestrian accident attorneys are dedicated to advocating for the rights of injured pedestrians.

What Are the Common Causes of Pedestrian Accidents?

Pedestrian accidents can occur due to various factors, including distracted driving, poor visibility, and failure to follow traffic laws. Distracted driving, such as texting or talking on the phone while driving, is a leading cause of pedestrian accidents. When drivers take their eyes off the road, even for a few seconds, they can easily miss seeing a pedestrian crossing the street.

Other common causes of pedestrian accidents include drunk driving, speeding, and failure to yield to pedestrians. Drunk drivers have impaired judgment and reaction times, making them more likely to strike pedestrians. Speeding reduces a driver’s ability to stop quickly, increasing the likelihood of a collision. Additionally, some drivers fail to yield the right-of-way to pedestrians at crosswalks or intersections, leading to dangerous situations.

Pedestrians can also be at fault in some cases. For example, failing to follow traffic signals or crossing streets without using a crosswalk can increase the risk of an accident. Understanding the causes of pedestrian accidents is crucial in preventing them and ensuring that pedestrians and drivers share the road safely.

Understanding Car Accidents and Pedestrian Safety

Car accidents involving pedestrians often lead to catastrophic injuries or fatalities. These tragedies highlight the importance of traffic laws and responsible behavior by both drivers and pedestrians.

Pedestrian collisions commonly occur at intersections, crosswalks, and busy roadways. It is essential to understand the traffic laws and regulations in your area to ensure that you are taking the necessary steps to stay safe as a pedestrian. For example, always use marked crosswalks when available and obey traffic signals to minimize the risk of an accident.

Experienced pedestrian accident attorneys can help victims of pedestrian accidents navigate the complex process of recovering compensation for their injuries. These legal professionals understand the nuances of pedestrian accident cases and can assist in dealing with insurance companies, proving liability, and securing fair compensation for medical expenses, lost wages, and other damages.

How Comparative Negligence Affect Pedestrian Accident Claims?

California follows a system of pure comparative negligence, also known as comparative fault, which is pivotal in determining liability and compensation in pedestrian accidents. This doctrine allows each party in an accident to be assigned a percentage of fault, with damages divided accordingly. Even if an injured pedestrian shares some blame, they can still recover damages, though reduced by their fault percentage.

For instance, if you were unsafely jaywalking in San Francisco and hit by a car, incurring $100,000 in losses, and the driver was speeding, both parties might be found equally at fault. Under comparative negligence, your compensation would be reduced by your share of the fault, making you eligible to receive $50,000.

In cases where the driver is impaired, their negligence can significantly impact their liability. Establishing the driver’s fault is crucial for seeking compensation, even if the pedestrian is partially at fault.

The Freedom to Walk Act strengthens a pedestrian’s legal position by removing automatic criminal penalties for safe crossings. However, unsafe behavior can still lead to shared fault under comparative negligence rules.

Understanding Liability in Pedestrian Accidents

Key takeaway: Under California’s comparative negligence rules, liability in a pedestrian accident is split according to each party’s negligence. The Freedom to Walk Act may prevent you from getting a ticket, but it doesn’t remove the question of fault in a civil claim. Pedestrians and drivers alike must exercise due care.

Ultimately, a court (or insurance adjuster) will look at the facts: Was the pedestrian crossing in a reasonable, cautious way? Was the driver driving safely and attentively? Both questions matter in deciding who pays for the injuries. An injured pedestrian can still recover compensation even if they were jaywalking, thanks to comparative negligence – but their compensation can be reduced if they were acting carelessly.

How Can You Stay Safe as a Pedestrian — Even With This Law?

While the Freedom to Walk Act gives pedestrians more freedom to cross, it’s important to remember that pedestrian accidents remain a serious problem in California. Over 1,000 pedestrians are killed in traffic accidents each year in the state, and thousands more are injured. The law doesn’t change physics – if a car hits a person, the person is likely to get hurt. So, staying safe is crucial. Seeking prompt medical care after an accident is essential to address injuries and ensure proper compensation.

Here are a few safety reminders for walking in California’s cities and neighborhoods:

Use Crosswalks When You Can

Crosswalks (marked or unmarked at intersections) are still the safest places to cross, because drivers expect to see pedestrians there. California law still requires drivers to yield to pedestrians in crosswalks. Using a marked crosswalk is particularly important as it emphasizes the legal and safety aspects, ensuring that both drivers and pedestrians understand their rights and responsibilities. Whenever possible, use a crosswalk or wait for the walk signal.

Make Eye Contact with Drivers

If you must cross mid-block, try to cross where you are visible and always look for oncoming traffic. Make eye contact with any approaching drivers so you know that they see you. Never assume a driver will stop.

Be Extra Cautious at Night or in Busy Areas

Los Angeles and other urban areas have heavy traffic and sometimes limited visibility. If you’re crossing a wide road at night or in a congested area, be patient and wait for a large gap in traffic. Pedestrian accidents in these conditions can lead to serious injury due to the lack of protective barriers. Wearing light-colored or reflective clothing can help drivers notice you.

Avoid Distractions

Just as we urge drivers not to text and drive, pedestrians should avoid texting and walking when crossing streets. Keep your head up and pay attention to your surroundings. Being alert can save your life. Failing to do so can result in accidents where pedestrians sustain injuries, ranging from head and neck injuries to upper extremity injuries, which often require extensive medical treatment.

Understand the Impact of Weather Conditions

Weather conditions such as rain or fog can significantly affect visibility and road conditions. Pedestrians should be extra cautious during adverse weather and ensure they are easily visible to drivers. Wearing bright or reflective clothing and using umbrellas or raincoats can enhance safety during such conditions.

The bottom line is that the Freedom to Walk Act empowers you to make safe crossing decisions on your own, but with that freedom comes the responsibility to do so carefully. Always use common sense and caution when crossing the street. No ticket is worth risking your safety, and no law can protect you from a driver who doesn’t see you in time. By staying vigilant, you can greatly reduce the chance of an accident.

Contact a California Pedestrian Accident Attorney for a Free Consultation

Pedestrian accidents can happen even when precautions are taken. If you or a loved one has been injured — whether in a crosswalk or while jaywalking — you still have legal rights. The aftermath of a crash can be overwhelming, but you don’t have to navigate it alone.

Our team at RMD Law has extensive experience handling pedestrian injury cases. We understand the nuances of the new jaywalking rules and how to advocate for injured pedestrians. We offer a free initial consultation to help you understand your legal options and ensure you don’t miss important deadlines, such as statutes of limitations.

Speaking with an experienced California pedestrian accident attorney can help you determine liability, deal with insurance companies, and pursue the compensation you deserve for medical bills, lost wages, and pain and suffering. Don’t assume that jaywalking means you have no case – you may still recover damages even if you were partly at fault. Every situation is different, and a free consultation with a pedestrian accident lawyer at RMD Law can clarify your options.

Call us at (949) 828-0015 or contact us online for a free consultation. Our pedestrian accident lawyers will listen to your story, answer your questions, and explain how we can help. At RMD Law, we’re committed to protecting the rights of California pedestrians. Let us help you understand your legal options and fight for the compensation you need to get back on your feet.