The new "Freedom to Walk Act" (Assembly Bill No. 2147) took effect in California on January 1st, 2023, officially decriminalized jaywalking. Prior to the bill's passing, jaywalking was punishable by a fine or citation of up to $196 if a pedestrian was caught walking outside of a designated crosswalk or crossing area. Now with the newly passed bill, Californians can jaywalk without the worry of being given a citation or fine by an officer. However, this does not mean that pedestrians can walk into the middle of the road with the expectation that they will not be held liable if an accident occurs. 

When jaywalking, pedestrians must exercise due care and make sure that the street is safe to cross before entering the roadway. This means that pedestrians must make sure that there are no present or oncoming vehicles that can pose a hazard to their safety when crossing the street. Police officers are still able to cite pedestrians for jaywalking if they believe that the pedestrian crossing is in a situation where a reasonably careful person would realize that there is an immediate danger of a collision with a vehicle. Drivers of vehicles are also responsible for exercising due care and caution, but if a pedestrian crosses when it's dangerous, they share the liability of any accidents or injuries that occur as a result of their action of crossing unsafely. 

Despite the new law decriminalizing jaywalking, it does not mean that pedestrians no longer need to exercise caution. Vehicles are still very powerful pieces of machinery that can cause a lot of pain and suffering to a pedestrian if they are hit. Whether crossing the street safely at a crosswalk or by jaywalking in the street, make sure to exercise caution and due care to avoid an accident with a vehicle. 

Pedestrian accident claims involve many unique and sometimes complex issues. It is always a good idea to consult an attorney who is experienced in handling these claims. Kohn Law Office provides free initial consultation on injury and pedestrian accident claims, and all cases are handled on a contingency basis where there is no fee unless there is a recovery. If you have questions, we would love to help, so please call us at 760-721-8182.