Reviewed by Adrianos Facchetti, Esq.
California State Bar No. 243213
This article was reviewed for legal accuracy and general informational value.
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California changed its jaywalking rules in 2023. Under Assembly Bill 2147, known as the Freedom to Walk Act, law enforcement can no longer cite a pedestrian simply for crossing outside a marked crosswalk or crossing against a signal unless the pedestrian’s action creates an immediate danger of a collision. That is a meaningful shift from how the law was enforced before.
But “jaywalking is legal” is not the full picture. California still has pedestrian duties written into its vehicle code, drivers still have legal obligations to protect pedestrians on the road, and crossing outside a crosswalk can still affect a personal injury claim if you were hit. This article explains what actually changed, what did not, and what it means if you were struck by a car while crossing mid-block.
What Changed Under California’s Freedom to Walk Act
AB 2147, signed into law and effective January 1, 2023, amended California Vehicle Code § 21955 to remove the penalty for crossing outside a crosswalk unless the pedestrian creates an immediate danger of a collision with a moving vehicle. Before this change, a pedestrian could be ticketed simply for crossing mid-block or at a location that was not a marked crosswalk, even if no car was near.
The reasoning behind the change was straightforward: jaywalking enforcement had been applied unevenly, citations were disproportionately issued in lower-income communities, and the practical benefit of writing a ticket when no danger was present was questionable.
The full text of AB 2147 is available through the California Legislative Information portal at leginfo.legislature.ca.gov.
What AB 2147 did not do is remove pedestrian duties from the vehicle code or change the legal standards that apply when a pedestrian is injured in a crash.
When Police Can Still Stop or Cite a Pedestrian
The Freedom to Walk Act narrowed enforcement, but it did not eliminate it. A pedestrian can still be cited if crossing outside a crosswalk creates an immediate danger of collision with a vehicle.
“Immediate danger” is the key phrase. It means the pedestrian’s crossing was close enough in time or distance to a moving vehicle that a collision was a realistic and imminent possibility. A pedestrian who walks into traffic from between parked cars with vehicles approaching and nowhere near a crosswalk may still be subject to enforcement under the amended law.
The practical effect is that casual mid-block crossing with no cars near, which was technically illegal before, is now effectively not a citable offense. But stepping into a busy street in a way that forces drivers to brake is a different situation.
What California Law Still Requires of Pedestrians
Even after the Freedom to Walk Act, California Vehicle Code § 21954 still places duties on pedestrians who cross outside a crosswalk. That section requires a pedestrian crossing outside a marked crosswalk or unmarked crosswalk at an intersection to yield the right-of-way to vehicles on the road. It also states that those duties do not relieve a driver of the duty to exercise due care for the pedestrian’s safety.
California Vehicle Code § 21950, which covers driver duties at crosswalks, continues to require every driver approaching a crosswalk to yield the right-of-way to pedestrians who are in the crosswalk or close enough to be in danger. The driver’s duty exists whether the pedestrian is in a marked crosswalk or not, though the specific obligations differ depending on location.
In plain terms, pedestrians who cross outside a crosswalk are expected to look for traffic, wait for a safe gap, and not step in front of vehicles that do not have enough time to stop. The law changed who can be cited. It did not change who has responsibilities on the road.
What Drivers Are Required to Do
Under California Vehicle Code § 21950, a driver approaching any marked or unmarked crosswalk is required to yield to pedestrians. The law also requires drivers to exercise due care for the safety of pedestrians even when a pedestrian is outside a crosswalk and even when the pedestrian may be crossing unlawfully.
California courts have interpreted driver duties broadly in pedestrian cases. A driver who saw or should have seen a pedestrian crossing in time to slow or stop may be negligent even if the pedestrian was not in a designated crosswalk. Speed matters. Distraction matters. The amount of time the driver had to react to the pedestrian’s presence matters.
This is important for any pedestrian who was hurt while crossing mid-block and assumes the driver bears no responsibility. That assumption is often wrong.
If You Were Hit While Crossing Outside a Crosswalk
Being outside a crosswalk when you were hit does not automatically make you at fault for the crash. California uses a pure comparative fault system, which means fault can be divided between multiple parties. A pedestrian who shares some responsibility for the accident can still recover damages, but the recovery is reduced by their percentage of fault.
The legal standard comes from California Civil Jury Instructions (CACI) No. 405, which describes how comparative fault is evaluated. A pedestrian’s fault is measured against what a reasonable person in the same situation would have done. A driver’s fault is evaluated the same way.
If a driver was speeding, distracted, or had sufficient time to see the pedestrian and slow down but did not, the driver may bear a significant share of fault even if the pedestrian was crossing outside a crosswalk. The pedestrian’s location on the road is one factor in the analysis. It is not a conclusion.
CACI No. 430 addresses causation and requires showing that a party’s negligent act was a substantial factor in causing the injury. A pedestrian who crossed a gap in traffic and was struck by a driver who had adequate time and distance to stop raises a very different causation question than a pedestrian who stepped directly in front of a car with no warning.
How Insurance Companies Use Jaywalking Against You
An insurance adjuster who learns that a pedestrian was crossing outside a crosswalk when they were hit will often treat that fact as a starting point for assigning the pedestrian most or all of the fault for the crash.
This is a tactic, not a legal conclusion.
California’s comparative fault rules require a specific analysis of what each party did, what they could see, and how much time and opportunity each had to avoid the collision. An insurer who tells you that crossing outside a crosswalk means you have no claim is not accurately describing California law.
Common insurer arguments in pedestrian cases involving mid-block crossings include:
- The pedestrian was not using a designated crossing, so the driver could not have anticipated their presence
- The pedestrian crossed without adequate warning, eliminating the driver’s ability to stop
- The pedestrian’s location on the road was the primary cause of the collision
Each of these arguments may be countered with evidence about the driver’s speed, the driver’s sight distance, the road conditions, and the pedestrian’s actual path and timing. Whether an insurer’s fault allocation is accurate depends on the specific facts of the crash, not on the starting position the adjuster takes.
What Evidence Matters After a Pedestrian Accident
Evidence in pedestrian accident cases involving mid-block crossings is especially important because the fault picture is more contested than a standard crosswalk crash.
Evidence that helps establish what actually happened includes:
Dashcam footage. From your own device, the driver’s vehicle, or nearby vehicles. This may show the driver’s speed, the driver’s reaction time, and exactly when the pedestrian became visible in the driver’s path.
Surveillance footage. From nearby businesses, apartment complexes, traffic cameras, or Caltrans systems. These often overwrite within 30 days and need to be preserved quickly.
Photos of the scene. The road width, the sight distance from the driver’s approach position, the lighting conditions, any crosswalks nearby, and the location where the collision occurred.
The police report. The officer’s observations about road conditions, visibility, the pedestrian’s location, and the driver’s statements at the scene.
Witness statements. From people who saw the pedestrian’s path, the driver’s speed, and the sequence of events before impact.
Medical records. Starting from the emergency evaluation, documenting the nature and severity of the injuries and connecting them to the crash.
The driver’s phone records. If distracted driving is suspected, phone records may show the driver was using their device at the time of the crash.
A lawyer can send preservation letters requiring insurers, businesses, and government agencies to retain footage and records before normal schedules result in their destruction.
What to Do After Being Hit While Crossing the Street
- Get medical care immediately. Pedestrian injury symptoms, including head trauma and internal injuries, may not be obvious at the scene. A same-day evaluation creates a medical record connecting your injuries to the crash.
- Call the police. Make sure a report is filed before you leave.
- Photograph the scene. The road, both directions of traffic, your location, the driver’s approach angle, and your visible injuries.
- Get witness contact information. People who saw what happened may not be available later.
- Do not give a recorded statement to the driver’s insurance company. Adjusters are trained to ask questions that increase your assigned fault percentage. You are not required to speak with them before consulting a lawyer.
- Contact a pedestrian accident lawyer early. Footage disappears. The insurer’s narrative takes shape quickly. Having legal representation early protects both the evidence and your position in the comparative fault analysis.
Speak With a Pedestrian Accident Lawyer
If you were hit by a car while crossing a street in California, whether in a crosswalk or not, the fact that you were outside a marked crosswalk is one factor in the analysis. It is not the answer.
The Law Offices of Adrianos Facchetti represents injured pedestrians throughout Los Angeles and the surrounding areas. Our Los Angeles pedestrian accident lawyer and Burbank pedestrian accident lawyer pages explain how these claims work in more detail. For the broader personal injury context, our Los Angeles personal injury lawyer and Burbank personal injury lawyer pages cover how we handle serious injury claims throughout the region. If the driver was a rideshare driver or a commercial vehicle, our Los Angeles car accident lawyer page addresses those specific claim types.
Free consultation. No fee unless we recover compensation for you. Call (626) 793-8607, available 24 hours a day.
This blog is for general information only and is not legal advice. Pedestrian laws and enforcement rules can change, so check official California sources or speak with a qualified attorney about your situation.
