Jaywalking is crossing a street without a crosswalk or corresponding traffic light. So, is jaywalking legal in California? Well, California had stringent and clearly defined jaywalking laws. Authorities often issued tickets to those who crossed at non-permitted locations and times. However, in 2023, the Freedom to Walk Act granted pedestrians the right to cross any street anytime under the right circumstances.
The recent change in the legality of jaywalking in California is important for drivers and pedestrians. While pedestrians are less restricted, drivers must now proceed with extra caution in case jaywalking California residents or visitors should cross the road in front of them. This situation will likely lead to a spike in personal injury concerns until both pedestrians and drivers adapt to a new standard for judging the safety of each situation.
Is Jaywalking Legal in California?
Yes, under the right circumstances.
Jaywalking involves crossing a street that could be dangerous due to vehicle traffic. California’s laws against jaywalking aim to prevent injury by stopping pedestrians from jumping onto the road where cars cannot see them or stop in time.
Freedom to Walk Act: Cautious Jaywalking is Now Legal
The California Freedom to Walk Act has made jaywalking legal everywhere in California, as long as a reasonably cautious person would deem it safe. Although subjective, most people are aware of the dangers of crossing a road that is in use by cars. You should look both ways and cross only if cars are a fair distance away, already coming to a stop, or moving slowly enough to give you time to cross the road.
What Has Changed?
The Act has updated traffic laws to allow pedestrians more freedom to cross streets, not just at designated crosswalks or intersections with traffic lights and signals. Pedestrians could receive hefty tickets for violating these laws, which disadvantages those who live and work in areas with fewer crosswalks or poorly timed traffic lights.
Now, all pedestrians may cross any street at any point in the street, provided that a cautious person would deem it safe.
When is Jaywalking Illegal?
Jaywalking is illegal when it is likely to cause a road hazard or put someone in direct danger. In essence, jaywalking is unauthorized if there is an immediate risk of collision with a vehicle or if the pedestrian would have to impede traffic to cross.
Essentially, you can’t expect cars to stop for you. If your crossing doesn’t disrupt traffic or endanger you, it’s usually legal.
Examples
- Legal Jaywalking
- You are crossing at a traffic light against “stop hand,” but there are no cars on the road, or the nearest car is far away and not approaching quickly.
- You are crossing a side street between shopping centers without a crosswalk. If a car is nearby, but it is already slowing to stop at a stop sign before it will cross your path.
- You are crossing across a left-turn signal, but no one is turning or in line to turn.
- You cross a residential road with low traffic and no cars or distant, slow-moving traffic.
- Illegal Jaywalking
- You try to dash across a busy and fast-paced street.
- You cross ahead of a vehicle about to turn right around the corner.
- You cross an intersection at the last minute, knowing the light will turn green while you are crossing.
Potential Jaywalking Fines
Jaywalking in California has always come with the risk of fines. Illegal jaywalking in California can cost up to $196. Additional fees and penalties can also add to the base fine, which can notoriously exceed the cost of parking and traffic tickets.
Crossing the Street Safely
In response to the new jaywalking laws in California, how can pedestrians stay safe while saving time crossing the road without a crosswalk? Here are some safety tips for pedestrians walking more freely across California streets.
- Essential Safety
- Always look both ways and assess safety before crossing.
- Learn to gauge the speed of nearby vehicles.
- Never “risk it” if you don’t know what action a vehicle will take or if they’re not slowing for a stop sign or light.
- Don’t cross at the last minute.
- What to Wear
- Wear bright colors to increase your visibility.
- Wear reflector strips at night to ensure you are highly visible in headlights.
- Carry a flashlight or wear a headlamp when walking at night.
- Minimize Jaywalking Risks
- Walk on marked crosswalks whenever possible.
- Cross at stop signs whenever possible.
- Be aware and obey traffic signals.
Avoiding Pedestrian Accidents
Drivers should prepare to be extra cautious as everyone adapts to the new laws. You can no longer assume that pedestrians will only cross at expected places and times, so here are a few tips on avoiding a collision when jaywalking is legal.
- Obey the speed limit. Pedestrians can’t guess your speed if you come on too fast.
- Avoid distractions. Don’t miss that critical moment when a pedestrian steps off the curb.
- Never drive under the influence.
- Yield to pedestrians at crosswalks, stop signs, and traffic lights.
- Avoid passing stopped buses; you never know when someone who departed will try to cross.
- Drive with your lights on at night and watch for visible & “invisible” pedestrians.
- Drive carefully when you see pedestrians on the sidewalk and in high-pedestrian areas like shopping centers.
- Keep a mental track of all pedestrians you see and know where they are.
When to Call a Pedestrian Accident Lawyer
Now that jaywalking in California is legal in most cases, safe driving is more important than ever. If you are a pedestrian accident victim who a reckless or distracted driver has hit, you are not alone. The Nadrich Accident Injury Lawyers are here to help. Contact our team to seek the medical compensation and support you deserve for this tragic event.
