What Californians Need to Know About Jaywalking Laws

In September 2022, California took a significant step in pedestrian law reform by enacting the Freedom to Walk Act (AB 1238). This law gives pedestrians the freedom to jaywalk. While the change aims to limit unnecessary enforcement, it also introduces important legal and safety implications for both pedestrians and drivers.

What is Jaywalking? 

Jaywalking is when someone crosses a street outside of a designated crosswalk. Previously, this could have resulted in a citation, even when no immediate danger was present. However, the Freedom to Walk Act has changed how jaywalking is treated in California.

What Does the Freedom to Walk Act Say? 

AB 1238 permits pedestrians to cross the street outside of crosswalks under specific conditions. This means that if a reasonably cautious person would deem that  the crossing does not pose an immediate hazard, then it is permitted

Legal Liability: 

While the law offers more flexibility, it doesn't eliminate responsibility. California uses the comparative negligence system, which means that in the event of an accident fault can be split between the parties involved in the accident. 

For Example: 

If a pedestrian crosses mid-block unsafely and is struck by a speeding vehicle, both parties may share fault. Suppose the court awards $100,000 in damages, but determines the pedestrian was 50% at fault; they would receive only $50,000 and the other $50,000 would be awarded to the driver.

Even though jaywalking is legal under certain circumstances, pedestrians can still be held liable.

Legal Doesn't Always Mean Safe

At Kohn Law Office, we believe that legal permission doesn't always equate to safety. Pedestrians must remain vigilant of their surroundings in order to properly judge when it is safe to cross.

If you or a loved one has been injured in a pedestrian-related accident, call us today for a free consultation. (760)721-8182