The Freedom to Walk Act was signed into law on September 30, 2022, and will go into effect on January 1, 2023. The bill essentially allows Californians to jaywalk when a reasonably careful person would consider it safe to do so.
However, the bill may lead to an initial increase in accidents involving pedestrians on California’s roads. 6,516 pedestrians were killed in California accidents in 2020, according to the California Office of Traffic Safety, representing an almost four percent jump from the previous year. In addition, many Californians are opting to walk instead of drive right now due to soaring gas prices.
Supporters of the bill have argued that it would remove an undue financial burden from low-income Californians who tend to live in areas with less crosswalks, pointing out that jaywalking tickets cost Californians more than most parking tickets and some traffic tickets, and can cost Californians over $1,000 in insurance penalties and hikes. Supporters have also argued that the bill will prevent racial profiling of Californians via stopping Californians for jaywalking violations and ticketing them.
Opponents of the bill have argued that clarity and predictability are removed by the bill regarding traffic rules, and that this could lead to more pedestrian accidents. The California Sheriff’s Association cited the large number of pedestrian fatalities which occur in California, stating that limiting the enforcement of state laws designed to protect Californians’ safety and avoid traffic collisions will only make the problem worse.
The act, as written, essentially allows Californians to jaywalk when someone reasonably careful would deem it safe to do so. However, news of the law may spread via word-of-mouth in an inaccurate fashion. Some Californians may hear of the new law from a family member, friend or co-worker who tells them about it by saying something along the lines of, “hey, did you hear jaywalking is now legal in California?”
Passage of the Freedom to Walk Act may lead to some Californians incorrectly assuming that jaywalking has become legal, period, when, instead, the bill merely states that jaywalking violations shall not be ticketed unless the violations create what reasonably careful people would consider to be immediate collision risks. This could result in Californians jaywalking in unsafe manners, leading to pedestrian accidents.
A gray area for law enforcement has been created by the act. Law enforcement officers will need to use their own discretion as to if individual violations of jaywalking laws can be reasonably considered to create immediate collision dangers. This gray area means that the act may not prevent officers from using jaywalking laws to racially profile Californians in some cases.
The act contains a provision mandating that a report be submitted to the state legislature regarding the act’s impact on pedestrian safety by 2028.
Laws Changed By The Freedom To Walk Act
Vehicle Code Section 21451
Vehicle Code Section 21451 currently states that pedestrians facing a green light, when not prohibited by a sign or signal, may cross roadways at crosswalks, but must yield the right-of-way to any vehicle that is in the intersection when the signal first appears. It also states that pedestrians facing green turn lights, when not directed otherwise by a signal, may not enter the road.
The Freedom to Walk Act amends this section of the vehicle code to state that peace officers may not ticket pedestrians for violating the above traffic laws unless a reasonably careful individual would deem the violation to constitute an immediate collision danger.
Vehicle Code Section 21452
Vehicle Code Section 21452 currently states that pedestrians facing a yellow light or turn light should not enter the roadway, as the yellow light is a warning that not enough time exists from them to cross the road.
The Freedom to Walk Act amends this section of the vehicle code to state that a peace officer cannot ticket a pedestrian for violating this traffic law unless someone who is reasonably careful would consider the violation to create the immediate danger of a traffic accident.
Vehicle Code Section 21453
Vehicle Code Section 21453 currently states that pedestrians facing red lights or red turn lights cannot enter the road unless directed otherwise by a signal.
The Freedom to Walk Act amends this vehicle code section to state that peace officers shall not give pedestrians tickets for violating this traffic law unless a reasonably careful person would consider the law violation to create the immediate risk of a collision.
Vehicle Code Section 21456
Vehicle Code Section 21456 dictates how pedestrians shall act when facing signals which show “walk,” “wait,” “don’t walk,” or symbols representing those concepts.
The vehicle code section states that pedestrians may cross the road when a signal says “walk” or shows a walking person symbol, but must yield the right-of-way to any vehicle currently in the intersection when the signal first appears.
This section of the vehicle code also states that pedestrians facing a flashing “don’t walk,” “wait,” or upraised hand symbol with a numeric countdown may enter the road to cross it, but must complete crossing the road before the countdown reaches zero.
This vehicle code section also states that pedestrians may not enter the road to cross it when facing a steady “don’t walk,” “wait,” or upraised hand symbol, or these signals that are flashing without a numeric countdown, and that pedestrians currently crossing the road when these signals first appear must leave the road while the signal still shows.
The Freedom to Walk Act amends this vehicle code section to state that violations of these laws shall not be ticketed by peace officers unless the violations would be deemed to constitute an immediate collision danger by a reasonably careful person.
Vehicle Code Section 21461.5
Vehicle Code Section 21461.5 currently states that it is unlawful for pedestrians to not obey traffic signs and signals.
The Freedom to Walk Act amends this part of the vehicle code to state that violations of this law shall not result in peace officers ticketing pedestrians unless the violations create what a reasonably careful person would deem to be an immediate collision danger.
Vehicle Code Section 21462
Vehicle Code Section 21462 currently states that pedestrians must obey all traffic signals unless a traffic or police officer directs them otherwise, it is necessary to avoid a collision, or in the case of other emergencies.
The Freedom to Walk Act amends this vehicle code section to state that violations of this traffic law won’t result in pedestrians being ticketed by peace officers unless the violations create what reasonably careful people would consider to be immediate collision dangers.
Vehicle Code Section 21949.5
Vehicle Code Section 21949.5 is added to California’s vehicle code by the Freedom to Walk Act.
This new section of the vehicle code states that the Commissioner of the California Highway Patrol shall consult with the Institute of Transportation Studies at the University of California and submit a report about traffic accident data regarding pedestrians and impacts on traffic safety to California’s legislature. The report shall evaluate how the changes to the vehicle code implemented by the Freedom to Walk Act have had an impact on the safety of pedestrians.
This new section of the vehicle code mandates that said report be submitted to the state’s legislature by January 1, 2028.
Vehicle Code Section 21950
Vehicle Code Section 21950 currently states that pedestrians may not suddenly leave curbs or other safe places and run or walk into vehicles’ paths. The section also states pedestrians may not unnecessarily delay or stop traffic while in crosswalks.
The Freedom to Walk Act amends this section to read that peace officers shall not give tickets to pedestrians who violate this law unless the violation creates what reasonably careful people would consider to be an immediate danger of a collision.
Vehicle Code Section 21953
Vehicle Code Section 21953 currently states that when pedestrian tunnels or overhead pedestrian crossings are available to pedestrians, pedestrians who cross the road without using said tunnels or overhead crossings must yield the right-of-way to any vehicles on the road which are close enough to create an immediate hazard.
The Freedom to Walk Act amends this section of the vehicle code to state that pedestrians cannot be ticketed for violating this law unless the violation would be considered to create an immediate collision risk by a reasonably careful person.
Vehicle Code Section 21954
Vehicle Code Section 21954 currently states that pedestrians upon roadways at any place other than a crosswalk or intersection must yield the right-of-way to any vehicle that is close enough to create an immediate hazard.
The Freedom to Walk Act amends this part of the vehicle code to state that violations of this law shall not be ticketed unless they create what reasonably careful people would deem to be an immediate collision risk.
Vehicle Code Section 21955
Vehicle Code Section 21955 currently states that pedestrians may not cross sections of the road between two intersections controlled by signals or police officers at any place except in crosswalks.
The Freedom to Walk Act amends this vehicle code section to state that unless violations of this law constitute what a reasonably careful person would consider to be an immediate collision risk, violations of this law shall not result in peace officers ticketing pedestrians.
Vehicle Code Section 21956
Vehicle Code Section 21956 currently states that pedestrians may not walk on the road outside of residential or business districts unless walking close to the left-hand side of the road. The section states that pedestrians may walk close to the right-hand side of the road when safe means of crossing the road such as crosswalks aren’t available, or if it is currently unsafe to cross the road due to conditions such as traffic conditions.
The Freedom to Walk Act amends this part of the vehicle code to state that violations of this law shall not lead to pedestrians being ticketed unless the violations would be considered by reasonably careful people to constitute an immediate collision risk.
Vehicle Code Section 21961
Vehicle Code Section 21961 states that local authorities are allowed to adopt ordinances that prohibit pedestrians from crossing the road at places other than crosswalks.
The Freedom to Walk Act amends this section of the vehicle code to state that pedestrians shall not be ticketed for violating such local ordinances unless their violations would be considered by reasonably careful individuals to constitute an immediate collision danger.
Vehicle Code Section 21966
Vehicle Code Section 21966 states that pedestrians may not walk in bicycle lanes or paths when adequate, adjacent pedestrian facilities exist.
The Freedom to Walk Act amends this part of the vehicle code to state that pedestrians shall not be ticketed for violating this law unless violating this law would constitute what a reasonably careful person would consider to be an immediate collision risk.
Jeffrey Nadrich
Jeffrey Nadrich is a nationally-recognized California plaintiff’s personal injury attorney. He is a graduate of UC Berkeley and UC Hastings College of the Law. He has successfully represented thousands of injury clients over the last 40 years.
