California Jaywalking Law

For decades, jaywalking has been an illegal offense in the state of California. Defined as illegally crossing the street without using a crosswalk, jaywalking could merit a hefty fine or citation. However, a new law passed in the most populated state in the US officially decriminalizing jaywalking. So what does this mean for pedestrians and drivers on the road? 

What Is the New Jaywalking Law?

Effective as of January 1st, 2023, The Freedom To Walk Act allows pedestrians to safely cross a street outside of a crosswalk or against a traffic light without fear of a ticket. Police officers can only ticket someone when there is “an immediate danger of a collision with a moving vehicle.” The new law was introduced by San Francisco assembly member Phil Ting and passed into law by Governor Gavin Newsom. It applies to residential and non-residential areas. 

Is Jaywalking Legal in California?

Yes and no. While the new law allows any reasonably careful person to jaywalk without fear of getting a ticket, jaywalking is still technically illegal. Pedestrians who do not cross safely or put themselves in immediate danger can still be fined by the local authorities.

Previously, California adhered to strict jaywalking laws that have been the standard for nearly 100 years. Back in the early 1900s, the term “jaywalking” was introduced to denote pedestrians who ignored traffic signals. As California and the rest of the US became a car-dominated culture in the 20th century, the rules remained in place. 

What Happens if I’m Cited for Jaywalking?

Even with the current law put in place, you can still be cited for dangerous jaywalking if you cross when it is not safe. You will be subject to an infraction and a fine, but no points will go on your personal record. 

Can You Get a Ticket for Jaywalking?

Yes. The new law protects pedestrians from most jaywalking tickets, but not all. For example, if you cross a busy street with oncoming traffic, a police officer can give you a ticket. You can pay the fine online, by mail, or in person at your county’s district court.

What Is the Fine for Jaywalking?

A standard jaywalking infraction carries a fine of up to $250, however that amount could vary due to state-mandated fees and assessments. 

Can You Get Arrested for Jaywalking?

In California, crimes are defined as infractions, misdemeanors, and felonies. An infraction is considered the least serious of the three and does not warrant an arrest. Since jaywalking is considered an infraction, you would not be arrested. Other examples of traffic infractions include speeding, making an illegal U-turn, and running a red light. Misdemeanors and felonies are considered more serious and dangerous crimes and can result in criminal charges and jail time.

How to Stay Safe

According to data from the Governors Highway Safety Association, there were 7,485 pedestrian deaths in 2021 – the most fatalities in 40 years and an increase of 12% from the previous year. California saw the largest number of deaths at 958. It is imperative that drivers and pedestrians follow safe practices to avoid an accident and serious injury. Here are some safety tips to protect pedestrians and drivers:

Safety tips for drivers:

• Always yield to pedestrians at crosswalks and intersections. They have the right-of-way.
• Follow the speed limit and slow down when turning or approaching a crosswalk.
• Avoid distractions while driving – texting, emailing, eating, changing the radio.
• Be extra cautious when making left turns.
• Never drive while under the influence.

Safety tips for pedestrians:

• Look left-right-left before crossing. 
• Use crosswalks when available, especially at busy intersections.
• Make eye contact with the driver when crossing.
• Walk on sidewalks when available. If not, walk facing traffic.
• Wear bright or reflective clothing at night.
• Avoid texting or other distractions while walking.
• Avoid drinking alcohol while walking. 

If You Need Legal Assistance

The Law Offices of Daniel Kim represents drivers and pedestrians injured in accidents caused by negligence. We are 100% committed to defending the rights of accident victims and we maintain a winning track record of success. We serve clients throughout California including Los Angeles, the San Francisco Bay Area, Orange County, Riverside County, San Bernardino County, and San Diego. Contact us for a free evaluation of your case.