For decades, California pedestrians could get ticketed for something as simple as crossing the street if they weren’t within a crosswalk. However, in recent years, the state has taken a different approach.
Is jaywalking legal in California now? The answer: it depends. This isn’t a simple yes or no. California changed the law to make certain kinds of jaywalking legal, but there are still limits.
What Is Jaywalking?
“Jaywalking” is a term people use to describe crossing a street outside of a designated crosswalk or against a traffic signal.
Legally, it refers to violations of California’s Vehicle Code § 21955 (VC 21955), which says pedestrians have to use crosswalks at intersections when there are traffic signals. The point was originally to keep traffic flowing safely and prevent accidents between cars and pedestrians.
Traditionally, if you crossed the street mid-block or ignored a “Don’t Walk” signal, you could get ticketed for jaywalking, even if no cars were around.
However, the strict enforcement of jaywalking laws has been controversial for a long time. Many people argued that it led to unnecessary police stops and disproportionately affected people in certain communities. The result was new legislation redefining what counts as jaywalking.
Did California Legalize Jaywalking?
Yes, California partially legalized jaywalking with the passage of Assembly Bill 2147, also known as The Freedom to Walk Act, which took effect on January 1, 2023. However, let’s be clear: California didn’t completely erase its jaywalking laws. Instead, it changed how they’re enforced.
Under the new rules, police officers can no longer stop or ticket pedestrians for jaywalking unless there’s an immediate danger of a collision. In other words, if you safely cross a street and don’t put yourself (or others) in harm’s way, you can’t be cited, even if you’re not in a crosswalk.
What the Freedom to Walk Act Actually Says
The law amends Vehicle Code sections 21954 and 21955, stating that pedestrians may cross outside crosswalks or against traffic signals as long as it’s safe to do so.
Police can still issue a citation, but only if a “reasonably careful person” would realize there’s an immediate danger of a collision with a moving vehicle.
So, if you step into traffic and make a driver slam on the brakes, you can still be cited for jaywalking. But if the street is clear and you cross carefully, you’re in the clear.
Why California Changed the Law
The Freedom to Walk Act was designed to:
- Reduce unnecessary police stops that didn’t actually improve safety
- Encourage fairness in how pedestrian laws are enforced
- Acknowledge reality (people safely cross mid-block every day, especially in areas without crosswalks)
Fine for a VC 21955 Violation
Even with the new law, Vehicle Code 21955 still exists. It’s just enforced differently.
Before 2023, a jaywalking ticket under VC 21955 could mean a fine of around $200, including court fees. Now, a fine can only be issued if you cross in a way that creates a danger.
When You Can Still Be Ticketed
You can still receive a citation under VC 21955 or related laws if:
- You dart into traffic suddenly
- You cross in front of a car that has the right of way
- You walk into the path of a moving vehicle that can’t reasonably stop
- You ignore clear traffic signals and cause a safety hazard
How the Law Affects Drivers and Pedestrians
The Freedom to Walk Act changes things for both pedestrians and drivers.
For Pedestrians
You now have more freedom to cross where it’s convenient, but you’re still responsible for your own safety. The law doesn’t excuse carelessness.
If you cause a driver to swerve, slam on their brakes, or hit another vehicle to avoid you, you could still be found at fault, even if you don’t get a jaywalking ticket. So, you should still:
- Look both ways before crossing
- Avoid distractions like phones or headphones
- Make sure approaching vehicles can stop safely
For Drivers
Drivers still have to exercise due care to avoid hitting pedestrians, even if someone crosses unexpectedly. California law says that drivers to yield to pedestrians in crosswalks (marked or unmarked). And since jaywalking laws are less strictly enforced now, you can expect to see more people crossing mid-block.
If a Driver Hits a Jaywalker, Who’s at Fault?
Fault in a pedestrian accident depends on the specific circumstances, and both the pedestrian and the driver can share blame.
Under California’s comparative negligence law, fault can be divided between the parties. So, even if a pedestrian was jaywalking, it doesn’t automatically mean the driver is off the hook.
When a Driver May Be at Fault
A driver could still be found partially or fully at fault if they:
- Were speeding or driving recklessly
- Were distracted (texting, talking on the phone, etc.)
- Failed to yield or didn’t see a pedestrian in time
- Ignored traffic signals or crosswalks
- Were under the influence of drugs or alcohol
Even if the pedestrian was outside a crosswalk, the driver still has a legal duty to watch for people crossing the street.
When a Pedestrian May Be at Fault
On the other hand, a pedestrian may bear some or all responsibility if they:
- Crossed suddenly or without looking
- Entered the street when a vehicle was too close to stop
- Crossed against a clear signal when traffic had the right of way
- Were intoxicated or distracted when crossing
In these cases, a court may assign partial fault to both parties. For example, if a pedestrian crosses unsafely but the driver was also speeding, each might have a share of liability.
How the New Jaywalking Law Impacts Accident Claims
The Freedom to Walk Act doesn’t erase pedestrian responsibility, however. It just limits police enforcement.
That means even if you’re not ticketed for jaywalking, you could still be found civilly liable for damages if your actions led to an accident. For drivers, that also means they can’t rely solely on the fact that a pedestrian wasn’t in a crosswalk.
Legal and Safety Takeaways
The new jaywalking law is a major shift in California traffic policy, but it doesn’t remove personal responsibility. Here’s what to remember:
- Jaywalking is legal if it’s safe. Police can’t ticket you unless crossing creates a hazard.
- Unsafe jaywalking can still lead to tickets and accidents.
- Drivers need to pay close attention because pedestrians can legally cross outside crosswalks.
- Both parties can share fault in a collision, depending on the behaviors.
Contact a California Defense Attorney
If you’ve been cited for jaywalking in California, involved in a pedestrian accident, or accused of causing one, it’s important to understand your rights under the new law.
An experienced California criminal defense attorney can review your case, determine whether the citation or fault assignment was justified, and help you navigate the next steps.
If you’re facing a jaywalking ticket or pedestrian-related charge, contact the Law Office of David L. Faulkner to discuss your legal options.
