Is jaywalking legal in California? In recent years, the answer has changed. California has largely done away with the historical interpretation of jaywalking laws, starting with the passage of the Freedom to Walk Act (AB 2147) in the Golden State.
Pedestrians in California will not be fined for crossing at any point outside of a crosswalk beginning in 2025, if it is safe to do so and would not put them in immediate danger of a crash. Pedestrians still cannot dart into traffic or otherwise block or impede the flow of vehicles, so citations are still possible, as well as contributory fault, if involved in an accident.
Hire a Pedestrian Accident Lawyer
At Easton & Easton, we have been a family-owned injury law firm in California and Nevada for decades, and we have more than 100 years of combined legal experience. We are familiar with California and Nevada pedestrian and traffic laws, as well as how legislation like the Freedom to Walk Act affects liability in pedestrian accidents.
Our personal injury attorneys have been honored as Super Lawyers and Best Lawyers in America, and we have recovered hundreds of millions of dollars for our clients through effective negotiation and aggressive trial advocacy. Our law firm is dedicated to serving clients with compassion and integrity, and we work tirelessly to help the victims of others’ carelessness on the road receive the justice they deserve.
Understanding California’s Jaywalking Laws in 2025
In 2025, California continues to follow the Freedom to Walk Act (AB 2147), which took effect on January 1, 2023. This legislation made it legal to cross a street outside of a marked crosswalk when it is “reasonably safe to do so.”
Before the law was enacted, law enforcement could give citations to pedestrians for crossing outside of a crosswalk, even if there were no cars on the road. The new law states that a citation will not be issued unless the police officer “subjectively determines that the pedestrian immediately created a clear danger of an actual collision.”
When Jaywalking Is Still Illegal in California
The Freedom to Walk Act modifies how jaywalking is enforced without making the act of jaywalking fully lawful. Pedestrians can still be ticketed for illegal or unsafe crossings, primarily for stepping into traffic or failing to follow a pedestrian signal. Crossing while visibility is bad or in a space with fast-moving traffic may still be a traffic violation if the pedestrian is recklessly endangering public safety.
Drivers also keep their right-of-way if a pedestrian dashes out in front of them. Pedestrians who cross non-crosswalk areas now are not breaking the law, but they must exercise due care to avoid collisions or unsafe road situations.
How the New Jaywalking Law Affects Accident Liability
The Freedom to Walk Act reformed more than citations. It also affects liability in pedestrian accident claims. California’s pure comparative negligence system means both the pedestrian and the driver can be found at fault for a pedestrian collision. The pedestrian’s damages may be reduced by their percentage of fault if they were crossing unsafely.
Since mid-block crossings are no longer a per se violation, however, drivers cannot claim the “jaywalking defense.” Liability will be determined based on all the circumstances, including driver speed, visibility, and other relevant factors. This is why a careful legal investigation of the facts is required after every pedestrian accident.
Staying Safe and Legal as a Pedestrian in California
Even as we gain more freedom to walk, safety should always be a priority. In 2023, 1,106 pedestrians were struck and killed by vehicles in California. Before crossing mid-block, ensure no vehicles are approaching. Avoid distractions like texting or wearing headphones in traffic-heavy areas. Whenever possible, use crosswalks and follow pedestrian signals.
This is especially important at night or in low-visibility conditions. Consider wearing reflective clothing or using lights to increase visibility and reduce risk. If you are injured while walking, document the scene, seek medical attention, and contact an experienced pedestrian accident attorney to understand your rights under California’s updated jaywalking laws.
FAQs
Q: Is Jaywalking Legal in California?
A: Jaywalking in California is legal with certain restrictions. In California, pedestrians can legally cross outside of a crosswalk because of the Freedom to Walk Act (AB 2147), which went into effect in California, but only when it is safe to do so and if it does not present an immediate hazard.
Jaywalking laws have been used to fine pedestrians for crossing recklessly, such as stepping into oncoming traffic or failing to obey signals.
Q: What Does the Freedom to Walk Act Actually Change?
A: The Freedom to Walk Act reformed jaywalking enforcement in California. Police no longer have the authority to ticket pedestrians for crossing outside of a crosswalk without an immediate danger of a collision.
In the past, this activity has resulted in a citation, even when crossing was safe. This new legislation allows for mid-block crossing when it is safe to do so, eliminating unnecessary stops and promoting equal responsibility between motorists and pedestrians.
Q: Can Pedestrians Still Be Ticketed for Jaywalking in 2025?
A: Pedestrians in California who cross streets unsafely can still be cited for jaywalking. The Freedom to Walk Act exempts only pedestrians who cross a road without “creating a hazard.” A police officer may still ticket pedestrians for entering a roadway when vehicles are moving, disobeying a pedestrian light, or causing a motorist to make a sudden stop.
Vehicle Code §21955 may be used for jaywalking citations, which only prohibits “pedestrian behavior that is unreasonable under the circumstances.”
Q: Who Is Liable if a Pedestrian Is Hit While Jaywalking?
A: In California, when a pedestrian is struck while jaywalking, liability can still be shared between both the driver and the pedestrian, as California follows the pure comparative negligence standard. A pedestrian who crosses the street safely may receive full compensation, but one who enters traffic without checking could experience reduced damages. If a driver was speeding or distracted before the collision, they may be assigned the majority of fault.
Contact a California Pedestrian Accident Lawyer
California’s jaywalking laws are now more focused on safety rather than punishment, but pedestrians should still exercise caution when crossing the street. Hire a pedestrian accident lawyer from Easton & Easton to understand your rights and recover proper compensation after your accident. Call our experienced attorneys today for a consultation.
That is where Easton & Easton can help. Our family law practice has a long history of standing up for hardworking people at the worst times in their lives. With more than a century of combined legal experience, our lawyers tackle each case with care, empathy, and a drive to get results that matter. We fight for more than claims.
If a car wreck on I-80 near Reno injured you or a loved one, call Easton & Easton today to schedule a free consultation to hire a car accident lawyer.