You may have seen headlines or social media posts claiming that jaywalking is now legal in California. Like many viral claims, the truth is more nuanced. Yes, California has changed its jaywalking law, but jaywalking has not been fully legalized.
The state has adopted a more practical, safety-focused approach. The goal of the new law is to reduce the number of unfair jaywalking citations and prioritize safety to ultimately prevent pedestrian-related car accidents.
This article summarizes the key facts regarding the change in California’s jaywalking law and its implications for public safety, drivers, and pedestrians.
What Is Jaywalking?
Jaywalking generally refers to illegally crossing a street outside a crosswalk or against a traffic signal. This can include crossing mid-block or crossing when a “Don’t Walk” signal is on. Traditionally, a pedestrian could be cited even when crossing an empty street safely.
Under California’s updated law, the focus is no longer on where someone crosses, but on whether the crossing is done safely.
What Changed Under California’s Jaywalking Law?
California passed Assembly Bill 2147, called the Freedom to Walk Act, to make jaywalking enforcement more practical and safety-focused. The law took effect in 2023 and moves away from ticketing people for simply crossing outside a crosswalk. Instead, it examines whether the crossing is hazardous.
Under the new law:
- Police may only stop or ticket a pedestrian if the crossing creates an immediate danger, such as stepping into oncoming traffic.
- Crossing the street when traffic is clear is not a violation, even if it happens mid-block or outside a crosswalk.
- Safe jaywalking is allowed, meaning pedestrians are not cited for harmless crossings.
- Unsafe crossings can still result in a citation, particularly when they put drivers or pedestrians at risk.
The law shifts enforcement from technical violations to real safety concerns.
Why Did California Change the Jaywalking Law?
California changed the jaywalking law to make enforcement fairer and more focused on public safety. For many years, jaywalking citations were often issued for harmless behavior, such as crossing an empty street, while doing little to prevent actual accidents.
The new law was designed to address these concerns by:
- Reducing unfair ticketing when pedestrians are crossing safely.
- Avoiding penalties for common, low-risk behavior like crossing when no cars are coming.
- Letting police focus on hazardous behaviors that could cause accidents.
- Supporting safer pedestrian practices where crosswalks are not always nearby.
Importantly, the change does not remove pedestrian responsibility. Pedestrians must still cross safely and use reasonable judgment.
What This Means for Drivers, Pedestrians, and Businesses in California
California law may have changed how jaywalking is enforced, but it does not change the basic responsibilities of people using the road.
You should still be aware that:
- Pedestrians must still use reasonable judgment. Crossing when traffic is clear is allowed, but stepping into moving traffic or creating danger can still result in citations and liability.
- Drivers must remain cautious and attentive, especially in busy or urban areas. The law does not remove a driver’s duty to watch for pedestrians and avoid collisions when possible.
- Businesses and insurers should note that fewer citations do not mean less responsibility. If an accident occurs, liability will still depend on the facts, including how both the pedestrian and driver acted.
Most importantly, allowing safe jaywalking does not excuse negligence. Personal injury claims will still be evaluated based on reasonable behavior and the cause of the accident, not simply where someone crossed the street.
Remember: Legal Does Not Always Mean Safe
California’s jaywalking law has changed, but it is important to remember that legal does not always mean safe.
Even when a crossing is not ticketable, jaywalking can still carry real risks, especially in situations involving:
- Busy or high-speed roads where drivers may have little time to react
- Nighttime or low-visibility conditions
- Areas where drivers do not expect pedestrians
- Distractions, including phones, headphones, or inattentive driving
The law gives pedestrians more flexibility, but it does not eliminate the need for caution. Using crosswalks when available, staying alert, watching traffic closely, and making eye contact with drivers before crossing can still reduce the risk of injury.
Contact Robles Babaee Personal Injury Lawyers for a Free Consultation With a Santa Ana Pedestrian Accident Lawyer.
If you have been injured in a jaywalking or other kind of pedestrian accident, you may be entitled to compensation for your medical bills, lost wages, and pain and suffering. Robles Babaee, Personal Injury Lawyers, is ready to help you navigate the complexities of your case.
Our experienced Santa Ana pedestrian accident lawyers understand the complexities of the new jaywalking law and its impact on liability in personal injury cases. We offer a free, no-obligation consultation to review your case and explain your legal options. Contact us today.
Robles Babaee, Personal Injury Lawyers
1851 E 1st St Suite 810, Santa Ana, CA 92705
(714) 263-3700