The term “jaywalking” refers to crossing the street outside of a designated crosswalk or against traffic signals. It’s been a hotly debated issue for decades.
California’s approach to jaywalking changed significantly with the introduction of the Freedom to Walk Act (AB 2147), which went into effect on January 1, 2023. This law dramatically alters how California jaywalking laws are enforced.
This article provides a comprehensive overview of California’s current jaywalking laws, pedestrian safety, and liability in pedestrian accidents. Our goal is to clarify the nuances of the new law, address common misconceptions, and offer practical advice for both pedestrians and drivers on how to avoid accidents and understand their rights.
The Freedom to Walk Act: Redefining Jaywalking in California
California’s Freedom to Walk Act, also known as AB 2147, significantly changes how law enforcement handles jaywalking.
What the Freedom to Walk Act (AB 2147) Entails
The key provision of the Freedom to Walk Act is that peace officers can only stop someone for jaywalking if a “reasonably careful person” would realize that there’s an immediate danger of a collision.
Before the Act, California Vehicle Code Section 21955 generally prohibited crossing a street outside of a crosswalk.
Now, police can’t stop pedestrians just for crossing outside of a crosswalk. The focus is on whether the pedestrian’s actions create an immediate hazard.
The “Immediate Danger” Standard
The law hinges on that “immediate danger of collision” standard. That means officers have to look at all the circumstances before they step in.
Jaywalking is still illegal in certain situations, such as crossing against a “Do Not Walk” signal, crossing in the middle of heavy traffic, or crossing where you can’t see very far in either direction.
When is it safe to jaywalk? Balancing legality and pedestrian safety
Now that jaywalking is legal in many situations in California, you may be wondering when you can safely cross the street outside of a crosswalk.
Assessing risk and exercising due care
Even though California law allows you to cross the street outside of a marked crosswalk, you still have a duty to care for your own safety. The law doesn’t excuse you from taking steps to avoid accidents.
Before crossing the street, be sure to look both ways, and judge the speed and distance of any cars that are approaching. Make sure you can see clearly in both directions before you step into the road.
Practical tips for safe street crossing
These tips can help you safely cross the street, whether or not you’re in a crosswalk:
- If there’s a crosswalk, use it. Crosswalks and intersections are the safest places to cross the street.
- Make eye contact with drivers to be sure they see you.
- Be extra careful at night, in busy areas, or in bad weather.
- Don’t let yourself get distracted by your cell phone or headphones.
Comparative Negligence and Pedestrian Accident Liability
Even though California has decriminalized many instances of jaywalking, pedestrians can still be held liable if they’re hit by a car.
Understanding Comparative Negligence in California
California follows the legal concept of “pure comparative negligence.” That means that both the pedestrian and the driver can share the blame for an accident. Even if the pedestrian was partially at fault, they can still recover damages.
Here’s how it works: The amount of compensation the pedestrian receives is reduced by their percentage of fault. So, if a pedestrian is found to be 20% at fault for the accident, they can still recover 80% of their damages from the driver.
Factors Determining Liability in Pedestrian Accidents
The Freedom to Walk Act means that simply jaywalking isn’t enough to automatically prove that the pedestrian was negligent. Drivers have to prove more than that to avoid liability when a pedestrian is crossing the street outside of a crosswalk.
Drivers have to show that the pedestrian was in immediate danger of being hit by the car and that the driver acted reasonably under the circumstances.
When determining fault, factors like these are considered:
- Visibility
- Speed of the vehicles involved
- Actions of the pedestrian
- Actions of the driver
- Traffic conditions at the time of the accident
What to Do After a Pedestrian Accident: Protecting Your Rights
Being involved in a pedestrian accident can be a frightening and disorienting experience. Here’s what you should do to protect your rights:
Immediate Steps to Take
- Get medical attention right away. Even if you don’t think you’re hurt, a full medical evaluation is essential after a pedestrian accident. Be sure to document all medical care, physical pain, and emotional suffering.
- Gather information at the scene. If you can, collect contact information from the driver, any witnesses, and the police officers on the scene.
- Report the accident to the police. It’s important to have an official record of the incident. Get a copy of the police report for your files.
The Role of a Pedestrian Accident Lawyer
Hiring a pedestrian accident lawyer is crucial for navigating the legal complexities of your case. A lawyer can protect your rights, provide expert legal advice, and manage all aspects of your claim or lawsuit.
A pedestrian accident lawyer can:
- Gather evidence to support your claim.
- Document the full extent of your damages.
- Negotiate with insurance companies on your behalf.
- Represent you in court if litigation becomes necessary.
Depending on the circumstances of your case, you may be able to recover damages for:
- Medical bills
- Lost income
- Pain and suffering
- Property damage
- Diminished earning capacity
Conclusion
The Freedom to Walk Act has changed the rules about jaywalking in California, but it’s important to remember that pedestrian safety is still the top priority. Even though you may have the legal right to cross the street outside of a crosswalk, it’s crucial to understand your responsibilities and the potential consequences.
Whether you’re walking or driving, being careful and attentive is key to preventing accidents. Pedestrians need to assess traffic conditions and make safe choices, and drivers need to be aware of pedestrians and drive responsibly.
If you’re involved in a pedestrian accident, it’s a good idea to consult with a lawyer who specializes in pedestrian accidents. An attorney can help you understand your rights and make sure you get the compensation you deserve.