California’s New Jaywalking Law: What It Means for Your Pedestrian Accident Claim

For years, Californians have navigated a confusing landscape when it comes to crossing the street. A quick dash mid-block on an empty road could technically result in a jaywalking ticket, even if it was perfectly safe. Recognizing this, California introduced the Freedom to Walk Act (AB 2147), which went into effect on January 1, 2023. This new law has changed how police enforce jaywalking, giving pedestrians more freedom.

But what does this mean if you are hit by a car while crossing the street? Does this new law automatically protect you? The relationship between the new jaywalking rule and your rights in a personal injury claim is more complex than it appears. At Walch Law, we are dedicated to helping injured pedestrians understand their rights and are here to help you every step of the way following a California pedestrian accident. Call now to learn more.

What Is the Freedom to Walk Act (AB 2147)?

Before 2023, a police officer could cite you for jaywalking simply for crossing a street outside of a marked or unmarked crosswalk, regardless of whether traffic was present. The Freedom to Walk Act changes this.

Under AB 2147, police officers can no longer stop or ticket a pedestrian for jaywalking unless there is an immediate danger of a collision with a moving vehicle.

This law acknowledges a simple reality: sometimes, crossing mid-block is the most practical and safest option. It decriminalizes common-sense street crossing and aims to reduce inequitable enforcement of jaywalking laws. However, it is crucial to understand what the law does not do. It does not eliminate a pedestrian’s duty to be careful, and it does not erase the concept of fault in a civil injury claim.

How the New Law Affects Your Pedestrian Accident Claim

The most common misconception about AB 2147 is that it automatically absolves a pedestrian of any fault if they are hit by a car while crossing mid-block. This is not true. California uses a legal doctrine called comparative negligence to determine fault in personal injury cases.

Here’s what you need to know:

• Comparative Negligence Still Applies: After an accident, an insurance company or a jury will assess the actions of both the pedestrian and the driver. Each party will be assigned a percentage of fault. Your total compensation will be reduced by your percentage of fault. For example, if you are found to be 20% at fault, your final recovery will be reduced by 20%.
• No Ticket ≠ No Fault: The fact that a police officer did not issue you a jaywalking ticket does not mean you are automatically considered 0% at fault for the accident. The standards for a traffic citation are different from the standards for civil liability.
• Safe Crossing Strengthens Your Case: The new law can strengthen a pedestrian’s claim. If you were crossing carefully, paying attention, and were struck by a negligent driver (who was speeding, distracted, or intoxicated), it becomes much harder for the insurance company to place a high percentage of fault on you. Your careful conduct will be a key piece of evidence in your favor.

The Fault Analysis Framework: What Insurers Look At

When determining fault, an adjuster or attorney will analyze several key factors:

• Driver’s Conduct: Was the driver speeding, texting, or otherwise distracted? Were their headlights on at night?
• Pedestrian’s Conduct: Were you paying attention? Did you dart out suddenly from between parked cars?
• Visibility and Lighting: Did the accident happen at night? Was the area well-lit?
• Speed and Distance: How fast was the vehicle traveling, and how far away was it when you started to cross?
• Location: While crossing outside a crosswalk is no longer a guaranteed ticket, crossing at a designated crosswalk still provides pedestrians with the strongest legal protection.

What to Do Immediately After Being Hit by a Car

The steps you take in the minutes and hours after a pedestrian accident are critical for your health and the success of your future legal claim.

1. Seek Immediate Medical Care: Your health is the priority. Call 911 if you are seriously injured. Even if you feel okay, get checked out by a doctor. Adrenaline can mask pain, and a medical record is essential evidence.
2. Call the Police: Insist on a police report. It creates an official record of the incident, driver information, and potential witness accounts.
3. Photograph the Scene: If you can, use your phone to take pictures of the vehicle, its license plate, the accident location, street lighting, weather conditions, and your injuries.
4. Identify Witnesses: Get the names and contact information of anyone who saw the crash. Ask about nearby businesses that may have security cameras.
5. Preserve Your Clothing and Shoes: The clothes and shoes you were wearing are evidence. Place them in a bag and do not wash them.
6. Avoid Recorded Statements: The at-fault driver’s insurance company will call you and ask for a recorded statement. Politely decline. Their goal is to get you to say something that minimizes their driver’s fault.
7. Contact the Best Pedestrian Accident Attorney: A lawyer can immediately take over communication with the insurance companies and begin preserving crucial evidence before it disappears.

Frequently Asked Questions (FAQs)

1. Is jaywalking completely legal now in California?

No. The law simply decriminalizes safe crossing. If you cross unsafely and create an immediate risk of a collision, you can still be ticketed. More importantly, your unsafe actions can be used to assign you partial or full fault in an injury claim.

2. Can I recover money if I was hit outside of a crosswalk?

Yes, absolutely. Under California’s comparative negligence rules, you can still recover compensation even if you are found partially at fault. An experienced attorney can help minimize your assigned percentage of fault and maximize your recovery.

3. Do I need a ticket to be issued to the driver to prove they were at fault?

No. While a traffic ticket for speeding or another violation is helpful evidence, it is not required. Your attorney can prove the driver’s negligence through witness testimony, accident reconstruction, and other evidence.

4. What if it was a hit-and-run?

If you are the victim of a hit-and-run, you may still be able to recover compensation through your own auto insurance policy’s Uninsured Motorist (UM) coverage. This is why it is critical to have this coverage. You must report the hit-and-run to the police promptly (usually within 24 hours) to be eligible for a UM claim.

5. What are the deadlines for filing a pedestrian accident claim?

For most cases, you have two years from the date of the accident to file a lawsuit. However, if a government entity is involved (e.g., you were hit by a city bus or tripped on a broken public sidewalk), you have only six months to file a formal government claim. Missing this short deadline can permanently bar your case.

Damages You Can Recover After a Pedestrian Accident

A successful claim allows you to recover compensation for all of your losses, including:

• Medical Bills: All past and future costs for treatment.
• Lost Wages: Income you lost while recovering.
• Future Earning Capacity: If your injuries impact your ability to work in the future.
• Pain and Suffering: For the physical pain and emotional trauma you have endured.

Walch Law: Your Advocate After a Pedestrian Accident

The new jaywalking law is a positive step for pedestrians, but it does not make injury claims simple. Insurance companies will still try to shift as much blame as possible onto you to avoid paying what your claim is worth. You need an advocate on your side who understands the law and knows how to fight back.

At Walch Law, we have been fighting for injured pedestrians across California for over 45 years. We work on a contingency fee basis, which means you pay nothing unless and until we win your case. If you have been injured, contact us today for a free, no-obligation consultation to learn how we can help.