29 January, 2025
Jaywalking is now largely decriminalized in California under specific conditions. The introduction of Assembly Bill 2147, also known as the Freedom to Walk Act, has significantly changed how jaywalking is regulated in the state. Our team of experienced attorneys at The Barnes Firm focuses on pedestrian accident cases to help victims through complicated legal matters.
Jaywalking is described as crossing a street or road outside of a marked crosswalk or against traffic signals. Historically, California had very strict punishments for jaywalking, where the state fined pedestrians for crossing streets where it was not marked for pedestrian crossing. The motive behind having jaywalking laws on the books was to maintain safety and minimize accidents that involve pedestrians. However, this has changed with recent legislation, and there is much more leniency now when crossing streets responsibly outside of marked crosswalks.
Pedestrians should be aware that jaywalking laws still impose a certain level of responsibility. A pedestrian can still get fined if they cross in such a way that traffic is impeded or in a dangerous manner. This new law does provide much greater freedom but does not offer immunity for citations across the board.
The Freedom to Walk Act (AB 2147) was signed into law to prevent unnecessary citations for safe, mid-block crossings. According to the Legal Counsel for Civil Rights of the San Francisco Bay Area, this law decriminalizes jaywalking in cases where pedestrians cross streets safely and without creating immediate hazards.
The legislation aims to deal with police stops that disproportionately target marginalized communities in general and reduce unwarranted contact between police and pedestrians. Yet, the act does not grant pedestrians freedom-crossing streets in a reckless manner or across oncoming traffic, which remains illegal.
AB 2147 does not fine pedestrians for crossing where there is no immediate danger to traffic, but it could lead to enforcement and penalties if the pedestrian underestimates or crosses when unsafe.
While the Freedom to Walk Act allows a little more leeway in jaywalking, the action is not entirely legalized in California. Pedestrians must still be guided by traffic signals and shall not cross streets where crossing will be hazardous. In addition, city ordinances may establish restrictions or guidelines for pedestrian crossings in busy urban areas.
Some cities, such as Los Angeles and San Francisco, have additional regulations regarding passing pedestrians in highly populated areas. These city-specific laws are enacted and enforced for the protection of pedestrians in high-volume traffic areas.
It is also important to note that pedestrians should yield the right-of-way to oncoming vehicles when crossing roads other than marked crosswalks. Failure to do so may result in fines or increased liability in an accident.
In other words, jaywalking is legal in California only when done safely and without creating an immediate hazard. According to AMHS Justice Awareness, the Freedom to Walk Act permits jaywalking in situations where no cars are nearby, and the pedestrian can cross without endangering themselves or others.
Nevertheless, reckless jaywalking -for example, before an oncoming vehicle or on restricted pedestrian areas- continues to attract fines and other penalties. It must be realized by pedestrians that the new law provides room for flexibility but not necessarily freedom from their duties and judgments of the traffic condition at a given moment in crossing the road. Lack of it may lead to accidents and legal consequences.
Moreover, pedestrians are in the best position to take responsibility for their safety and those of others while crossing, being visible to drivers by not using any distractions like mobile phones while crossing and being alert to the behavior of nearby vehicles. It is not only about legality, but safe Jaywalking is also about mitigating risks to oneself or others.
Clear differentiation between responsible jaywalking and recklessness should, therefore, be made to avoid penalties and probably accidents. In addition, environmental factors such as low visibility at night or in bad weather must also be put into consideration by pedestrians, even if crossing safely.
California fines for jaywalking are different in nature depending on the situation at which the violation occurred. While AB 2147 cuts down penalties on safe crossings, the violation in a manner dangerous to the person himself or others could face a fine from $50 up to $250, depending on the degree of the infraction.
City-specific ordinances can affect the amount of fines imposed. Some jurisdictions may add administrative fees to the base fine. Fines for repeat offenders may be increased or can take other forms of punishment.
Understanding local rules about jaywalking and acting responsibly at crosswalks is very important.
After a pedestrian accident, it is of the most concern to one’s safety and well-being. See medical help immediately, as even minor appearing injuries can have symptoms later on.
The result of a pedestrian accident may cause physical harm, emotional trauma, and financial burdens to the person concerned. In such cases, the presence of a lawyer can help you protect your rights and receive fair compensation.
At The Barnes Firm, we have experienced lawyers ready to assist in every step of your claim. With our expertise in pedestrian accident cases, you will be able to get the representation that you deserve.
If you’ve been in a pedestrian accident, The Barnes Firm is ready to help. Contact us today and let our experienced team fight for your rights.
Written by The Barnes Firm, reviewed by Richard Barnes
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Rich Barnes
President
Richard Barnes: “As President of The Barnes Firm, I have dedicated my career to achieving justice in hundreds of cases for the victims of injuries caused through the fault of others. Additionally, I have been honored to have been elected Best Lawyer and a Super Lawyer”
Years of Experience: 30+ years
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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney president Rich Barnes who has more than 30+ years of legal experience as a practicing personal injury trial attorney.
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