California’s New Jaywalking Law: What You Need to Know

For years, jaywalking—crossing a street outside of a designated crosswalk or intersection—was illegal in California and could result in a fine of $250. However, with growing concerns over the fairness of enforcement, California passed the Freedom to Walk Act in 2023, decriminalizing jaywalking in most cases.

What Is the Freedom to Walk Act?

The Freedom to Walk Act (AB 2147) changed how jaywalking is treated in California. Under this law:

• Pedestrians can no longer be fined simply for crossing outside of a crosswalk or intersection.
• Police officers cannot stop or ticket a person for jaywalking unless their actions create an “immediate chance of a collision” with a moving vehicle.

This law was designed to reduce unnecessary police stops and acknowledge that pedestrians often cross streets safely, even outside of designated crosswalks.

How Jaywalking Can Impact a Personal Injury Claim

While jaywalking is no longer a ticketable offense, it can still play a major role in determining liability in a pedestrian accident case. California follows a comparative fault system, meaning that if a pedestrian is struck by a vehicle while jaywalking, their ability to recover compensation may be reduced.

For example, if a pedestrian was crossing mid-block at night and was hit by a car, an insurance company or court might determine that the pedestrian was 40% at fault for the accident. If the total damages were $100,000, their compensation would be reduced by 40%, meaning they would only receive $60,000.

Why You Need a Lawyer

Pedestrian accident cases are often complicated, especially when fault is disputed. Insurance companies may try to blame the pedestrian to minimize their payout. An experienced personal injury attorney can gather evidence, negotiate with insurers, and fight to ensure that victims receive the compensation they deserve.

If you or a loved one has been injured in a pedestrian accident, call us at (949) 771-4188 today for a free consultation. We’ll help you understand your rights and work to maximize your recovery.