For years, crossing a California street outside of a crosswalk could lead to a ticket. That changed in 2023 when the Freedom to Walk Act took effect.
But that doesn't mean pedestrians can cross wherever they want without considering traffic or safety. California's rules are more nuanced than simply saying jaywalking is now legal.
Here's what pedestrians should know about crossing the street and how those rules can matter after an accident.
California's Freedom to Walk Act, AB 2147, took effect on January 1, 2023. The law changed when officers can stop and cite pedestrians for certain street-crossing violations.
Under the law, an officer generally cannot stop a pedestrian for specified crossing violations unless a reasonably careful person would realize there is an immediate danger of a collision. The legislation also included a sunset date of January 1, 2029 unless extended by later legislation.
So while people commonly describe the change as California "legalizing jaywalking," that's an oversimplification. The law primarily changed when certain pedestrian crossing violations can be enforced.
No. Pedestrians still have responsibilities when crossing California roads.
Where and how someone crosses matters. Traffic signals, approaching vehicles, roadway conditions, visibility, and whether a pedestrian suddenly enters the path of a vehicle can all be important.
The safest choice is still to use a crosswalk when one is available and follow pedestrian signals at controlled intersections.
More importantly, the Freedom to Walk Act doesn't make dangerous street crossings safe. A pedestrian should still make sure there is enough time and distance to cross without creating an immediate risk of a collision.
Being a pedestrian doesn't automatically give someone the right of way in every situation.
California law requires pedestrians to use reasonable care for their own safety. For example, even when using a crosswalk, a pedestrian shouldn't suddenly step off a curb directly into the path of a vehicle that is too close to stop safely.
Paying attention to traffic, following pedestrian signals, and making sure approaching drivers have enough time to react can reduce the risk of a serious accident.
Pedestrian safety isn't solely the pedestrian's responsibility.
Drivers must also use appropriate care around people walking near or across the roadway. At crosswalks, California law generally requires drivers to yield to pedestrians crossing the roadway, while also requiring pedestrians to exercise care for their own safety.
A pedestrian's mistake doesn't necessarily excuse unsafe driving. After an accident, the actions of everyone involved may need to be considered.
This is where California's comparative-fault rules become important.
Crossing outside a crosswalk doesn't automatically prevent an injured pedestrian from pursuing compensation. Instead, the circumstances surrounding the collision can affect how responsibility is divided.
For example, investigators may look at whether the driver was speeding, distracted, impaired, or had enough time to see and react to the pedestrian. They may also consider where the pedestrian crossed, visibility at the time, traffic conditions, and whether the pedestrian entered the roadway safely.
If both the pedestrian and driver contributed to the accident, responsibility may be divided between them. Any compensation available to the injured pedestrian can then be affected by their share of fault.
Being struck by a vehicle can be overwhelming, and serious injuries aren't always immediately apparent.
If you're able to do so safely after an accident:
Try not to make assumptions about who was legally responsible while you're still at the scene. The complete circumstances may not be clear until additional evidence is reviewed.
Potentially.
An insurance company may argue that crossing outside a crosswalk contributed to an accident, but that doesn't necessarily answer the entire question of fault.
California's comparative-fault system allows responsibility to be divided between the parties involved. The evidence surrounding the collision—including what the driver and pedestrian were doing immediately beforehand—can therefore become especially important.
A pedestrian accident lawyer can review the circumstances and help determine how California's pedestrian and comparative-fault laws may apply.
California's pedestrian laws have changed, but the Freedom to Walk Act shouldn't be interpreted as permission to ignore traffic conditions.
Pedestrians still need to cross carefully, and drivers still have a responsibility to operate their vehicles safely around people on foot.
If you've been injured in a pedestrian accident, Tim Wright Law can review what happened and help you understand your options under California law.
