Is Jaywalking Legal In California in 2025?

Yes, jaywalking is legal in California as of 2025 under the Freedom to Walk Act. Signed into law on September 30, 2022, the Freedom to Walk Act effectively decriminalizes safe mid-block crossings, making it legal for pedestrians to jaywalk in many situations. The law officially went into effect on January 1, 2023.

This significant change impacts both drivers and pedestrians across the state. Understanding how the new law affects pedestrian rights and accident liability is crucial, especially if you are involved in a collision. With jaywalking now legalized under certain conditions, pedestrians may be less likely to be found partially at fault for a crash, potentially strengthening injury claims.

Below, our Sacramento accident attorneys break down how California’s updated jaywalking law could impact personal injury cases involving pedestrians. If you were injured in a pedestrian accident, we encourage you to contact Arnold Law Firm for a free consultation to discuss your legal options. There are no upfront fees, and we only get paid if we successfully recover compensation for you.

But what exactly is jaywalking, under California law, in the first place? Let’s take a closer look.

What Is Jaywalking?

Jaywalking generally refers to crossing a street outside of a designated crosswalk or against traffic signals. In California, before the Freedom to Walk Act, pedestrians could be ticketed for crossing a road at any location other than a marked or unmarked crosswalk, especially if they disrupted the flow of traffic.

However, the definition of jaywalking often varies depending on local laws. Traditionally, jaywalking meant any crossing behavior that was not compliant with pedestrian signals or crosswalk markings. Enforcement focused on keeping pedestrians within crosswalks to reduce accidents and maintain traffic order.

Under the Freedom to Walk Act, jaywalking in California is now evaluated differently. Pedestrians are legally allowed to cross streets mid-block or outside of crosswalks as long as it is safe to do so and they do not create an immediate hazard for drivers. This shift prioritizes common sense and public safety over strict adherence to designated crossing points.

Understanding what jaywalking means — and how the law now views it — is important for both pedestrians and drivers navigating California’s busy streets. It also plays a crucial role in determining fault and liability if an accident occurs.

What Does the Freedom to Walk Act Say?

The Freedom to Walk Act states that pedestrians who cross the road outside of a designated crosswalk shall not receive a citation. Except when a reasonably careful person would realize there is an immediate danger of colliding with a motor vehicle or other human-operated device.

In short, while the Freedom to Walk Act gives pedestrians more freedom, it still requires them to exercise caution and good judgment when crossing the road. Safety remains the top priority.

How Does the New Pedestrian Law Affect Right-of-Way Laws?

While the Freedom to Walk Act gives pedestrians more freedom in choosing where they cross, it does not change California’s existing right-of-way rules. Drivers still maintain the right-of-way if a pedestrian crosses the road unsafely or steps into traffic without warning.

Pedestrians are still required to yield to oncoming traffic, and as a pedestrian, it’s important to avoid crossing the street when it could put you or others in danger. If your actions cause a driver to abruptly brake, swerve, or take a sudden turn to avoid a crash, as a pedestrian, you may be found at fault, and may be in danger of facing a citation for unsafe crossing.

In light of the new law, it is more important than ever for pedestrians to use good judgment. Even with added flexibility, crossing the road safely — and responsibly — remains critical for preventing accidents and protecting everyone on the road.

Does the New Pedestrian Law Affect Pedestrian Crosswalk Signs?

Yes, the new law does also impact how pedestrians interact with crosswalk signals at controlled intersections. Under the Freedom to Walk Act, as a pedestrian, you are allowed to cross at a controlled crosswalk even if the pedestrian signal is flashing “Don’t Walk,” as long as it is safe and does not pose an immediate threat to you or others.

However, safety remains the standard. If a pedestrian crosses when it is unsafe — for example, when vehicles are already approaching at a distance or speed that makes collision likely — they may still be ticketed for violating pedestrian laws. If you were jaywalking in an unsafe manner, you may be required to pay a citation of approximately $200, not covering the additional court fees.

Understanding these nuances can help pedestrians exercise their rights responsibly while staying safe on the roads in California.

Can a Jaywalking Pedestrian Be Liable for an Accident in California?

A jaywalking pedestrian may be at least partially liable for an accident. The Freedom to Walk Act does not relieve pedestrians from their duty of due care for their own safety or the safety of others.

Therefore, if a pedestrian chooses to jaywalk when it is unsafe to do so, he or she may bear at least partial fault if a collision occurs. Drivers are still required to take reasonable action to prevent an accident.

However, if the pedestrian acted in such a reckless manner to walk out into traffic when it was clearly unsafe to do so, he or she may be fully liable for damages. For example, if he or she was distracted and failed to see oncoming vehicles.

The Freedom to Walk Act may offer some protection from liability for jaywalkers in some cases where it may not have in the past. For example, in the past pedestrians would be partially liable for their damages if they crossed the road outside a crosswalk, even if they were crossing when it was reasonably safe to do so. Under the new law, the insurance company may have a harder time placing blame on a jaywalking pedestrian who was injured by a negligent driver.

How Can I Recover Compensation for a Jaywalking Accident?

California is an at-fault state, which means the person responsible for causing the accident is liable for the resulting damages. Whether you are a pedestrian injured by a negligent driver or a driver injured by a jaywalking pedestrian, you must typically file a claim with the at-fault party’s liability insurance to pursue compensation.

If you were injured while jaywalking, the driver’s insurance company may try to argue that you are to blame for the accident. However, California’s Freedom to Walk Act protects pedestrians who exercise reasonable care when crossing the road. If you crossed safely and did not create an immediate hazard, you should still be able to recover full compensation for your medical bills, lost wages, pain and suffering, and other damages.

On the other hand, if you are a driver who suffered injuries due to a pedestrian’s negligence, you may also have a valid claim. Your ability to recover compensation depends on the specific facts of the case, including whether the pedestrian acted unsafely and whether you took reasonable steps to avoid the collision. Pedestrians, like drivers, owe a duty of care to others on the road and can be held partially or fully responsible if they fail to cross safely.

Because California follows comparative negligence rules, even if both parties share some fault, you may still be entitled to partial compensation. Having an experienced pedestrian accident lawyer on your side can help protect your rights and ensure that fault is fairly assessed.

When Is Jaywalking Still Illegal in California?

While the Freedom to Walk Act gives pedestrians more flexibility, jaywalking is still illegal in California when crossing the road puts themselves or others in immediate danger. The new law does not give pedestrians free rein to cross wherever and whenever they choose without regard for safety.

Under the Freedom to Walk Act, pedestrians can still be cited if:

• They cross when approaching vehicles are close enough to pose an immediate threat.

• They step into traffic without giving drivers enough time to slow down or stop safely.

• Their actions force drivers to take sudden evasive maneuvers, such as swerving or slamming on the brakes.

In these situations, police officers still have the authority to issue a jaywalking citation, which can cost around $200, plus additional court fees.

It’s also important to understand that crosswalk rules remain in place at controlled intersections. Even though the new law allows some discretion, ignoring a “Don’t Walk” signal in a clearly unsafe moment — such as rushing across during heavy traffic — could still result in a ticket.

At its core, the Freedom to Walk Act was designed to protect common-sense, cautious crossings, not reckless behavior. Pedestrians are still expected to use good judgment and prioritize safety before stepping onto the road.

Does Insurance Cover a Jaywalking Accident in California?

Yes, insurance can still cover a jaywalking accident in California, but it often depends on who is found at fault and to what degree. California follows an at-fault insurance system, meaning the driver’s insurance typically covers damages if the driver is primarily responsible for the accident — even if the pedestrian was jaywalking.

However, if the pedestrian is found partially or mostly at fault for causing the collision, their ability to recover compensation through the driver’s insurance could be reduced under California’s comparative negligence rules. In some cases, an injured pedestrian might need to file a claim through their own health insurance if liability is disputed or shared.

Pedestrians who cross the road carefully and responsibly — even outside of a crosswalk — are still protected under the Freedom to Walk Act, making it harder for insurance companies to deny legitimate claims simply because the pedestrian was jaywalking.

Navigating insurance after a pedestrian accident can quickly become complicated, especially if there is disagreement about who is to blame. Having an experienced attorney can make a big difference in protecting your rights and securing fair compensation.

What Compensation Can I Recover After a Pedestrian Accident?

If you are injured in a pedestrian accident, you may be entitled to recover a wide range of compensation to help you rebuild and move forward. In California, injury victims can pursue damages for both economic and non-economic losses. Common types of compensation include:

Medical expenses

Pedestrian accidents often lead to significant medical costs. You may be entitled to recover compensation for ambulance rides, emergency room visits, surgeries, hospital stays, rehabilitation, physical therapy, medications, and follow-up doctor appointments. If your injuries require long-term care, future medical expenses related to the accident can also be factored into your settlement or court award.

Lost income

If your injuries forced you to miss work — whether for days, weeks, or even longer — you can pursue compensation for the income you lost during your recovery period. In more serious cases, if your injuries limit your ability to work in the same capacity you did before the accident, you may also be entitled to damages for reduced earning capacity. This includes situations where you can no longer perform the same job duties or must switch to lower-paying work because of your injuries.

Pain and suffering

Not all injuries are visible. Compensation for pain and suffering is designed to address the physical pain, emotional distress, anxiety, depression, trauma, and diminished enjoyment of life you may experience after an accident. While these damages are harder to calculate than medical bills or lost wages, they are often a significant part of pedestrian accident claims — especially when injuries have long-term effects on your daily life.

Property damage

If any of your personal belongings were damaged in the collision — such as a phone, backpack, bicycle, or other valuables — you may be able to recover the costs to repair or replace those items. Although property damage may seem minor compared to physical injuries, it is still an important part of your total claim.

In cases involving serious injuries, you might also be eligible for future medical costs and loss of enjoyment of life damages. Every case is different, and the amount you can recover depends heavily on the facts of the accident, the severity of your injuries, and the strength of the evidence supporting your claim.

Working with an experienced pedestrian accident lawyer can help ensure you are pursuing the full amount of compensation you deserve, not just what an insurance company initially offers.

More Questions About Jaywalking in California? Call Our Pedestrian Accident Lawyers Today

If you were injured in a jaywalking accident in California, you may be wondering what your legal options are under the Freedom to Walk Act. Understanding your rights is critical, especially as the new law changes how fault may be determined after a pedestrian accident.

At Arnold Law Firm, our experienced California pedestrian accident lawyers are ready to guide you through the legal process. We can investigate the accident, gather critical evidence, and build a strong case to help you pursue maximum compensation for your injuries.

There are no upfront costs when you work with us. We only get paid if we successfully recover compensation on your behalf.

Call 916-777-7777 to schedule a free consultation today.