California has long been notorious for handing out jaywalking tickets, often at the expense of pedestrians who simply crossed an empty street outside a crosswalk. However, a recent law has flipped the script, leading to confusion about what is actually allowed. So… is jaywalking legal in California now?
Thanks to the Freedom to Walk Act (AB 2147), jaywalking is conditionally legal in California as of January 1, 2023. However, there are strict parameters. Pedestrians are now allowed to cross the street mid-block, so long as it’s safe to do so.
The law was designed to reduce over-policing and promote fairness, but it’s still important to understand when and where jaywalking is prohibited.
At Compass Law Group, LLP, we stay up to date on current law changes and what they mean for California residents. In this article, we’ll go over what jaywalking in California is, when it’s illegal, and what your rights and responsibilities are as a pedestrian.
What Is Jaywalking?
“Jaywalking” may sound like a legal term, but it's actually not a term you'll find in the California Vehicle Code. It’s a colloquial term that generally refers to crossing a street illegally or unsafely, particularly when not using a designated crosswalk or ignoring traffic signals.
Common examples of jaywalking include:
- Crossing in the middle of a street without a marked crosswalk
- Ignoring “Don’t Walk” pedestrian signals at intersections
- Darting out between parked cars
- Walking diagonally across intersections (also known as “diagonal crossing”)
While jaywalking in California has historically been cited as a traffic violation, laws across the U.S. have been increasingly criticized for disproportionately impacting minority communities and low-income pedestrians, especially when no harm or disruption occurred.
Understanding the Freedom to Walk Act (AB 2147)
The Freedom to Walk Act, officially known as AB 2147, went into effect in California on January 1, 2023. The law aims to limit unnecessary fines and confrontations between pedestrians and law enforcement, especially when no traffic safety risk is present.
Under this law, police officers may no longer stop or cite pedestrians for crossing a street outside of a marked crosswalk or against a signal unless there is an immediate danger of a collision.
This means you are legally allowed to cross the street mid-block or against a signal if doing so doesn’t put you or others at risk. The idea is to enable safe and practical street crossings in low-traffic or rural areas.
When Is Jaywalking Still Illegal in California?
If you’re wondering if jaywalking is illegal in California, the answer is still yes. Despite the relaxed rules, jaywalking is not completely legal in every circumstance.
Jaywalking remains illegal if:
- The pedestrian crosses when vehicles are approaching closely enough to pose an immediate hazard
- A crossing obstructs traffic or causes drivers to brake suddenly
- A pedestrian runs or darts across the street unpredictably
If a pedestrian jaywalks in an unsafe way, they could face penalties such as:
- Fines up to $250 for endangering public safety
- Additional administrative fees for repeated offenses
- Citations under reckless behavior statutes
In short, AB 2147 does not grant pedestrians immunity from all rules of the road. Safety, not convenience, remains the law’s guiding principle.
Pedestrian Rights vs. Responsibilities
Under the new law, pedestrians in California enjoy greater flexibility as well as more responsibilities.
You have the right to cross the street outside a marked crosswalk or when signals aren’t present, as long as it’s reasonably safe. But you still owe a duty of care to yourself, drivers, and other road users.
Pedestrians still have a responsibility to:
- Yield to vehicles when crossing unsafely could cause a collision
- Avoid actions that create traffic hazards
- Follow any posted pedestrian signs or warnings
Drivers also have a duty of care to keep themselves and others safe. They’re still required to:
- Yield to pedestrians at marked or unmarked crosswalks when required
- Drive cautiously in pedestrian-heavy areas like schools or city centers
- Refrain from aggressive or distracted driving near crossings
Tips for Safe Mid-Block Crossing
Even though mid-block crossings are now permitted under certain conditions, pedestrians should take precautions to stay safe and avoid legal issues. Smart crossing habits can prevent serious injuries and strengthen your case if an accident occurs.
Follow these safety tips to protect yourself and others:
- Use crosswalks when available, especially on busy or multi-lane roads.
- Make eye contact with drivers before stepping into the street.
- Wear bright or reflective clothing if crossing at night or during bad weather.
- Avoid distractions like texting, wearing headphones, or rushing across.
Can You Sue or Get Sued if You Were Jaywalking?
Yes, you can still sue (or be sued) if you were jaywalking in California and an accident occurs because of it. If you’ve been in an accident, jaywalking doesn’t automatically disqualify you from making a claim.
California follows a comparative negligence rule, which allows injury victims to recover damages even if they were partially at fault.
How Comparative Negligence Affects Pedestrian Accident Claims
California’s pure comparative fault model means each party’s liability is assessed as a percentage, and any compensation awarded is reduced by the injured party’s own degree of fault.
So, if you were crossing mid-block and were struck by a vehicle, you might still be eligible for compensation, though the amount could be reduced based on your share of the blame.
For example, let’s say a court finds you 30% at fault for crossing unsafely and the driver 70% at fault for speeding or distracted driving. In this case, your $100,000 award would be reduced by 30%, meaning you’d receive $70,000.
This makes it essential to document the scene, obtain witness info, and contact a lawyer who understands how to negotiate liability splits. The more evidence you have and the stronger your legal team, the more you can reduce your percentage of fault and earn your rightful compensation.
Common Misconceptions About Jaywalking in California
Despite the 2023 jaywalking law, confusion persists about what’s legal and what’s not. Understanding the nuances is critical, especially if you're navigating a legal claim after a pedestrian accident.
Let’s set the record straight on a couple of common jaywalking myths:
Myth #1: Jaywalking is now fully legal in California.
False. Jaywalking is only legal when it is safe, and crossing in front of a car or causing traffic to swerve can still result in a ticket.
Myth #2: If you don’t get a ticket, you’re not at fault.
False. Not getting a citation doesn’t mean you weren’t partially liable in a civil claim. Comparative fault can apply even without police involvement.
Myth #3: Jaywalkers can’t sue for injuries.
False. Pedestrians can sue even if they were crossing illegally. They just may receive reduced compensation if found partly responsible.
What Drivers Need To Know About California’s Jaywalking Law
While most discussions center on pedestrians, drivers also need to be aware of how AB 2147 affects accident liability. If you're involved in a crash with a pedestrian who was jaywalking, don’t assume you’re off the hook. You could still bear a percentage of the blame.
After an accident, insurance companies and courts will still analyze:
- Whether the driver was speeding or distracted
- If the driver had reasonable time to stop
- Visibility of the pedestrian
Legal counsel can help clarify your position and defend against exaggerated claims, especially when insurance companies seek quick settlements. With the proper documentation and evidence, drivers can protect their rights and earn a portion of their compensation.
Whether you’re a pedestrian or a driver, navigating a jaywalking-related accident can be complex. California’s comparative fault rules create legal gray areas that are difficult to resolve without guidance.
An experienced lawyer, such as Compass Law Group, LLP, can assess your case, collect evidence, and ensure you’re not unfairly blamed. We can also help you meet statute of limitations deadlines and protect your rights.
Jaywalking in California Is Legal—Sometimes
So, is jaywalking legal in California? The answer is yes, but only in some cases. Whether you’re walking across the street or behind the wheel, knowing the law helps you make better, safer decisions.
The Freedom to Walk Act (AB 2147) has changed the way California handles pedestrian crossings. While it removes fines for safe mid-block crossings, it doesn’t remove a pedestrian’s responsibility to avoid danger.
You can’t cross in front of oncoming traffic or force vehicles to brake suddenly. If you do, you can still be ticketed or found liable in a civil lawsuit.
If you’ve been involved in a pedestrian accident, whether as a driver or a pedestrian, our team at Compass Law Group, LLP can help you understand your rights and take action. Our initial consultations are free, and you don’t pay us unless we win.
Give us a call today or visit our website to meet with one of our attorneys and see what your next steps are.
