English 
Spanish Jaywalking is legal in California. This is important for jaywalkers who don’t want to receive a ticket. However, the ramifications of legalized jaywalking could extend beyond traffic citations.
In states where jaywalking is illegal, a pedestrian is often blamed for being hit by a car if they were jaywalking when the collision occurred. While pedestrians must exercise caution, regardless of pedestrian laws, the legalization of jaywalking may make it a bit more difficult to hold pedestrians liable when a motorist hits them. If you or a loved one was injured after being hit by a car, hire a California pedestrian accident lawyer to fight for justice.
California Law Legalizing Jaywalking Went into Effect in 2023
In September 2022, Governor Gavin Newsom signed California Assembly Bill No. 2147 (also known as the Freedom to Walk Act) into law. This bill:
- Proposes that pedestrians should have greater freedom to enter the roadway at their discretion
- Would prohibit law enforcement officers from stopping those who entered the roadway even without a crosswalk or crossing signal
After receiving the Governor’s signature in late 2022, the bill came into effect in January 2023. California Vehicle Code § 21955 now states that peace officers “shall not stop a pedestrian” who is jaywalking.
Unless the peace officer is attempting to stop an imminent collision, they shall not stop or arrest anyone for jaywalking—for all intents and purposes, jaywalking is legal.
What Does the Legalization of Jaywalking Mean for Motorists?
California jaywalking law changes mean more than simply fewer tickets for those who cross the road outside of a crosswalk. From a motorist’s perspective, these legal changes mean:
- Pedestrians may cross the road (legally) more frequently than motorists are used to—no longer are pedestrians held back by jaywalking laws, even though they should only cross when it is safe to do so.
- Pedestrians may cross the road in more locations than just crosswalks.
- Motorists must constantly monitor the road for pedestrians and be ready for them to cross anywhere at any time.
As always, drivers must be alert, attentive, cautious, and aware of pedestrians. Pedestrians’ freedom to cross the road in more locations only heightens motorists’ need for caution.
How Do California’s Jaywalking Laws Affect Fault for a Pedestrian Accident?
In some cases, an attorney might argue negligence per se based on the fact that a person broke a law. For instance, a driver who causes an accident while drunk is typically negligent—at least in part—because they broke drunk driving laws.
Now, nobody can credibly argue that a pedestrian is negligent just because they broke a law by jaywalking.
However, injured pedestrians should not assume their case is a slam dunk. The new law states, “This subdivision does not relieve a pedestrian from the duty of using due care for their safety.” Pedestrians cannot put their safety at risk and then sue a driver who hits them.
If you were hit by a car while you were jaywalking, you should hire a pedestrian accident lawyer to make a convincing case that the motorist is at fault for the accident—not you.
Can I Recover Compensation If I Were Partially At Fault for a Pedestrian Accident?
You might be wondering if you can still recover compensation even if you behaved negligently while walking. In most cases, you can. California follows a “pure comparative negligence” law, which holds that injured parties can recover compensation even if they contributed to an accident or their injuries. It’s important to note that your own negligence will decrease what you can recover.
You will be unable to recover compensation if you are the sole person responsible for an accident.
For example, if you were jaywalking and failed to check for cars, but a driver had enough time to stop before hitting you, you will likely be eligible for some amount of compensation. If you step in the path of a car that does not have time to stop, chances are, you won’t recover any compensation.
What to Do If You’re Injured as a Pedestrian in California (Whether or Not You Were Jaywalking)
Most people don’t consider what to do after a pedestrian accident until they’re in a pedestrian accident. Now that you’re here, you should:
See a Doctor Straight Away
If you have yet to seek medical attention, you must prioritize:
- A full-body exam
- Medical imaging
- Any other care necessary to diagnose and treat your injuries
Once you find a trustworthy doctor, they’ll diagnose your injuries and provide a treatment plan. This is a pivotal step in both your recovery journey and your case.
Hire a California Pedestrian Accident Lawyer at the First Opportunity
Retaining a lawyer will allow you to continue recovering without losing ground in your claim or lawsuit. Your attorney will immediately take over your fight for compensation, and they will:
- Protect you from insurance companies and liable parties, who may each like to see your case fail
- Help you provide your account of the pedestrian accident to insurance companies without jeopardizing your case
- Keep you updated about your case
- Handle every step of your insurance claim and a lawsuit (if you decide to file)
Your lawyer will take all case-related responsibilities out of your hands, help you recover, and provide advice you can rely on.
How a Pedestrian Accident Lawyer Will Fight for the Compensation You Deserve
Your attorney will navigate the legal process that often follows pedestrian collisions. Their duties will include:
- Securing evidence that proves a motor vehicle driver (or another liable party) caused your collision
- Documenting the medical care, physical pain, emotional anguish, lost income, property costs, and other damages resulting from the accident
- Presenting settlement demands and negotiating with those who owe you compensation
- Overseeing every other detail of your case
Your attorney will demand compensation for all of the damages you’ve faced because of the pedestrian accident. These damages may include:
- Pain and suffering
- Medical bills
- Lost income
- Diminished earning capacity
- The replacement cost of your phone, clothing, and any other property damaged during the accident
Fighting for injured pedestrians is second nature to our California personal injury attorneys.
Call KJT Law Group Today for a Free Consultation About Hiring a California Pedestrian Accident Lawyer
KJT Law Group has recovered more than $100 million for clients, and that includes many injured pedestrians. We are ready to collect evidence, form our settlement demands, and fight for the compensation you deserve.
Call KJT Law Group today for your free consultation about hiring a California pedestrian accident attorney.
