File a Pedestrian Accident Claim: Is Jaywalking Legal in California?
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Jaywalking is when you cross the street outside of a designated crosswalk or against a traffic signal.
California law is pretty clear on this: you’re expected to cross at crosswalks or at corners. But, like most rules, there are nuances and exceptions. Is jaywalking legal in California? Not every street corner has a marked crosswalk, yet in many cases, it’s still considered a legal place to cross.
If you’re hit by a car while jaywalking, you might worry that you’ve lost your chance to file a claim or get help with your injuries and losses. Not necessarily.
California follows what’s called a “comparative fault” or comparative negligence system. This means that in an accident, more than one person can be found at fault, and the blame gets shared based on each party’s part in the accident.
So, if you were jaywalking when you were hit, yes, that might count against you. But if the driver was speeding, distracted, or otherwise breaking the law, they could also share some of the blame. The point is that jaywalking in California doesn’t automatically disqualify you from seeking help or compensation after an accident.
Freedom To Walk Act
The year 2023 brought a significant change with the introduction of the “Freedom to Walk Act” (AB 2147), a shift in legislation that redefined the rules around California’s jaywalking guidelines.
Gone are the days when crossing the street outside of a marked crosswalk or against a traffic signal could easily lead to a hefty fine of up to $250. Under the new jaywalking law signed by Gov. Gavin Newsom, Californians have more flexibility to cross the road. Law enforcement officers can only stop or fine individuals for jaywalking if there’s a clear and immediate danger of collision with a moving vehicle.
However, California’s new “Freedom to Walk Act” doesn’t give pedestrians free rein to cross roads recklessly. The essence of the new law still emphasizes safety and requires pedestrians to yield to vehicles when crossing outside of controlled intersections.
So is jaywalking legal in California? The new law stipulates that dangerous jaywalking — like darting in front of oncoming traffic or crossing without looking — can still lead to a $196 ticket, plus court fees, remains.
Got Hit By a Car While Walking?
If you find yourself in this position, know that you have options and rights, even if the situation isn’t black and white. Taking the right steps after an accident, from documenting the incident to seeking legal advice with filing a claim, can help ensure you’re treated fairly and can move forward with confidence.
Call RTM Law. Your Trusted Injury Advocates.
RTM Law, APC | Personal Injury Attorney
Address: 1327 N Broadway, Santa Ana, CA 92706
Phone: (949) 287-4342
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00:00 Introduction
00:15 Comparative Fault System
00:54 Freedom to Walk Act
01:13 Law Enforcement and Safety
02:02 Conclusion
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