Is Jaywalking Legal in California?
| August 1st, 2024
Jaywalking is the act of crossing a road somewhere other than at a designated crosswalk. California’s laws on jaywalking changed significantly in 2023 with the passage of the Freedom to Walk Act, which decriminalizes jaywalking, unless the pedestrian is creating a risk for themselves or traffic.
This means that even if a pedestrian is struck by a vehicle because they were jaywalking, they may still be entitled to compensation for their injuries.
California’s comparative negligence laws and the road rules in the Vehicle Code combine to give those injured as pedestrians legal rights and protections in collisions with vehicles. If you or someone you know was injured while jaywalking, contact a California car accident lawyer to determine if you are owed compensation.
Understanding California’s Jaywalking Law
The latest version of California’s jaywalking law relaxes restrictions on jaywalking, with key provisions remaining in effect until January 1, 2029. This law permits pedestrians to cross streets outside of crosswalks as long as their actions don’t present an immediate danger. Here are the essential points:
- Safety and Immediate Hazards: An “immediate hazard” is defined as a situation where an approaching vehicle is so close or moving so fast that a reasonably careful person would recognize a danger of collision. Pedestrians must still exercise due care for their safety and cannot suddenly leave a curb into the path of a vehicle.
- Driver Responsibilities: Drivers have a duty to exercise due care for the safety of pedestrians. Drivers must yield to pedestrians within marked or unmarked crosswalks and take necessary actions to prevent collisions when pedestrians are in the road.
- Reporting and Evaluation: The California Highway Patrol is required to submit annual reports to the Legislature on pedestrian injuries and fatalities. This measure aims to monitor the impact of the relaxed jaywalking rules and ensure pedestrian safety into the future.
- Local Authority: Local governments are temporarily restricted from enforcing ordinances that prohibit pedestrians from crossing roadways outside of crosswalks. This provision will also be revisited in 2029 after the safety and effectiveness of the relaxed jaywalking policy is analyzed.
WHO IS AT FAULT IN A JAYWALKING ACCIDENT?
Multiple considerations are necessary to determine fault when a vehicle hits a jaywalking pedestrian. Pedestrians must use due care when entering a road at a crosswalk and cannot stop unnecessarily while crossing. Pedestrians can be deemed negligent and partially at fault for an injury if they cross unsafely and don’t give drivers time or room to take evasive measures.
However, vehicles are not free of legal blame just because a pedestrian contributed to their own injuries. The California Vehicle Code holds that drivers have the duty to exercise due care for pedestrians when they are jaywalking. If they do not exercise due care, they may be classified as a negligent driver and liable to pay compensation for the pedestrian’s injury.
An experienced pedestrian accident lawyer can help determine who is at fault in your accident.
COMPARATIVE NEGLIGENCE
California operates under the law of comparative negligence, which means that an injured party may recover damages from liable parties in accordance with their level of responsibility in the accident.
In the case of a jaywalking injury, if the court decides the jaywalker is 30% responsible for the injury while the driver is 70% responsible, the jaywalker can only recover 70% of the damages because of their share of the percentage of fault.
HOW TO PROVE THE DRIVER’S NEGLIGENCE
If you were injured while jaywalking and believe it was at least partially the fault of a negligent driver, you may be due compensation for your injuries. To prove that the driver was negligent, you and your lawyer need to demonstrate three things.
1. THE DRIVER OWED YOU A DUTY OF CARE
The California Vehicle Code establishes that the operator of a vehicle owes a pedestrian due care. The mere fact that you are a pedestrian and that they are driving a vehicle establishes that they owed you a duty of care.
2. THE DRIVER BREACHED THEIR DUTY OF CARE
Drivers have a duty of care to act as a reasonable person would in the same situation in order to avoid harming others. In the context of driving, this could mean that if a driver is doing something they know to be unsafe, such as talking on the phone or eating while driving, they are not acting as a reasonable person would and have breached their duty of care.
Evidence that the driver did not act as a reasonable person is essential to win a jaywalking injury case. Eyewitnesses, dashcam or security camera videos, and police reports are a few pieces of evidence that can help your case.
Contact our car accident lawyers as soon as possible after the accident to give yourself the best chance of collecting the essential evidence your claim needs.
Experienced personal injury attorneys know what evidence proves a driver’s negligence. They can gather essential documents and interview witnesses while you recover from your injuries.
3. THE DRIVER CAUSED YOUR INJURIES
To prove a driver was negligent, you must show that the driver’s breach of duty caused your injury. Filing a police report and saving all medical records from the accident create a paper trail of critical evidence. Injuries can often be long-lasting, so getting written doctor’s opinions about the lasting effects of your injuries also helps build your case.
Injuries can lead to lost wages and lost jobs. If this occurs, talk with your lawyer about compensation for these financial damages. Personal injury lawyers know about the pain and suffering caused by others’ negligence, which represent another set of damages to consider.
Do not let a small mistake like jaywalking get in the way of receiving the compensation you deserve.
CONTACT A LAWYER IMMEDIATELY
It is important to contact a personal injury attorney as soon as possible after a jaywalking injury. The evidence collection process is time-sensitive, and an experienced attorney can fight on your behalf while you focus on recovering.
Contact Berg Injury Lawyers for a free consultation with a car accident lawyer in California. With 40+ years of experience, we are prepared to take on your case and help you fight for maximum compensation.
Originally published February 28th, 2022.
