A change to the California jaywalking laws in 2023 gives pedestrians more freedom to walk where they want and not have to fear being slapped with citations and fines.
The new laws allow those on foot the ability to cross a street anywhere it is safe and convenient without having to worry about being stopped by the police.
The pedestrian’s biggest hazard remains the carelessness of drivers who look at cellphones and break the speed limit while paying little attention to people trying to cross the road. Pedestrian accident victims can suffer severe injuries and be left wondering how they’ll pay their recovery bills.
Contact a California Pedestrian Accident Lawyer for a Free Consultation
Martin Gasparian, the founder of Maison Law, offers all pedestrian accident victims and their families a free, no-obligation consultation. Victims should stay informed about all of the benefits available to them before they must deal with unhelpful car insurance adjusters. Insurance companies will try to keep them from earning fair compensation.
Don’t hesitate to seek legal counsel, even if you’ve been charged with jaywalking. In some cases, drivers can still have to provide you with injury support even if you weren’t in a crosswalk when you were struck.
Contact Maison Law of California to schedule your free and confidential case evaluation today. Our California Pedestrian Accident Lawyers will gladly answer your questions as you recover from a pedestrian collision injury caused by a careless driver.
New California Jaywalking Law and Pedestrian Accident Victims
Assembly Bill 2147, also known as the Freedom to Walk Act, took effect on January 1, 2023. It loosens the criteria for issuing citations for jaywalking. California police officers can no longer issue jaywalking citations unless a pedestrian is in immediate danger of getting struck by a car.
AB 2147 defines the change this way:
“This bill would prohibit a peace officer, as defined, from stopping a pedestrian for specified traffic infractions unless a reasonably careful person would realize there is an immediate danger of collision with a moving vehicle or other device moving exclusively by human power.”
The jaywalking law change is intended to decriminalize jaywalking and cut down on confrontations between police officers and those traveling on foot.
The old jaywalking law said that California pedestrians could only cross the street at crosswalks when an intersection was available. If they didn’t, an officer could write a citation and those on foot would be fined. It was meant to help keep walkers safe, but the law sent many people on foot on a long trip around to reach someplace very close by.
When pedestrians do have to cross outside of a crosswalk they are still expected to yield to traffic and only cross when it’s absolutely safe.
Penalties for California Jaywalking
With the change in the law, fewer people will face citations for jaywalking. But it appears penalties for those who still end up with a jaywalking citation will remain the same. Jaywalking is a crime, but you still can’t be arrested for simply crossing the street at a dangerous time.
Jaywalking suspects are charged with an infraction and face a fine of over $200 once fees are tacked on. The charge does not add points to an offender’s California DMV record.
Can a Jaywalking Pedestrian Accident Victim Still Seek Injury Support?
Yes. Even when a pedestrian is found partially at fault for a collision, a California driver could still have to provide injury support. Drivers and those on foot can share the blame in an accident and share the recovery costs of someone who is injured.
California is a comparative negligence state. It means that liability in an accident is sometimes divided between a careless driver and a jaywalking pedestrian. The pedestrian may have crossed at an unsafe time, but motorists are still responsible for monitoring for anyone on foot, anywhere, and slowing down to prevent an accident.
A judge might assign an injured jaywalker 25% of the responsibility while pinning 75% of the blame on the driver. This would mean the jaywalker could seek financial help with recovery costs from the driver. In this case, the pedestrian would receive an award, but it would have 25% deducted because of the victim’s liability.
Securing Compensation for Injured California Pedestrians
Victims hurt in a pedestrian collision have up to two years from the date of the accident to file an injury claim. Wait beyond this statute of limitations and your case will likely be rejected.
Once your California Pedestrian Accident Lawyer has fully investigated your claim and prepared strong evidence, you’ll be ready to file against the at-fault driver’s car insurance provider.
You’ll work with your attorney to submit a full list of every physical and financial damage you and your family have suffered. Everything you’ve experienced must go on this list so that insurance companies are made aware of it and can compensate you.
Damages you can receive a settlement check for include all economic damages you suffered, but also some non-economic factors:
- All medical expenses.
- Estimated costs over a lifetime if you’ve been left with a permanent physical disability.
- Physical pain and emotional trauma experienced in a pedestrian collision and during recovery.
- Compensation for a loss of enjoyment of life.
- Compensation for a loss of consortium (the loss of intimacy with a spouse).
- Travel costs getting to and from doctor’s visits and surgery consultations. These expenses may be tremendous if you are off your feet, unable to drive, and perhaps in a wheelchair or on crutches.
- Property damage.
- Past and future lost earnings.
- Wrongful death benefits. Families who have lost a loved one in a pedestrian accident can file a wrongful death claim to receive support for burial expenses. They’ll also seek help with making up the income the victim can no longer provide for relatives in the years to come.
Contact a California Pedestrian Accident Lawyer
After a serious traffic accident while traveling on foot in California make sure you know about every benefit available to you and your family. Pedestrians who are charged with jaywalking may also find they are empowered to seek injury compensation from an at-fault driver. Insurance companies will not inform you of your rights and will probably try to convince you that your case is worth nothing at all.
Take advantage of a free case consultation from Martin Gasparian, the founder of Maison Law. It’s a no-risk way to find out how to avoid the pitfalls of dealing with insurance companies after a California Pedestrian Accident. It’s critical that you stay informed so they can’t rob you of the financial support you need to make a full physical and financial recovery.
