- What did AB 2147 change about jaywalking in California?
- Is jaywalking legal in California after the Freedom to Walk Act?
- How do California crosswalk rules work?
- When is jaywalking illegal in California under current law?
- What are the penalties for a jaywalking ticket in California?
- How does jaywalking affect fault in a California personal injury case?
- What should drivers and pedestrians do at unmarked crosswalks in California?
- How does AB 2147 affect police stops and equity concerns?
- What do state and regional data say about pedestrian safety near Irvine?
- What steps should you take after a pedestrian accident in California?
- What arguments do plaintiffs and defendants raise when jaywalking is alleged?
- How do insurers handle claims when jaywalking is an issue?
- Does AB 2147 let you ignore signals or cross anywhere?
- What local planning and safety efforts matter for safe street crossing in California?
- Why GoSuits can help with pedestrian and traffic injury cases
- References and Resources
What did AB 2147 change about jaywalking in California?
AB 2147, known as the Freedom to Walk Act, took effect in 2023. It limits police enforcement of certain pedestrian crossing violations. Under this law, a peace officer may not stop a pedestrian for a violation related to safe street crossing unless a reasonably careful person would realize there is an immediate danger of a collision with a moving vehicle [1]. The law does not erase the California Vehicle Code rules about crosswalks and safe pedestrian conduct. Instead, it narrows when an officer can issue a citation for common crossing behaviors that are not immediately dangerous [1].
Is jaywalking legal in California after the Freedom to Walk Act?
Jaywalking is not a separate criminal offense in California. The phrase usually refers to crossing outside a crosswalk or against a signal. After AB 2147, an officer generally cannot stop a pedestrian for a safe crossing that does not present immediate danger of a collision [1]. That does not mean all midblock crossings are lawful in every situation. Several rules still apply:
- Drivers must yield to pedestrians in marked and unmarked crosswalks, and pedestrians must use reasonable care and not step into traffic so close that the driver cannot yield [2].
- Outside crosswalks, pedestrians must yield to vehicles that are close enough to present immediate hazard, while drivers still must use care [4].
- Between adjacent intersections controlled by traffic signals, crossing must be in a crosswalk [5].
- Walking in the roadway is limited; pedestrians must use sidewalks when available, and if walking along a roadway, must walk close to the left edge facing traffic when practicable [6].
AB 2147 changes how some of these sections are enforced by focusing on whether the crossing created immediate danger. It does not remove the underlying safety rules that can still apply in civil cases and, when immediate danger exists, in traffic stops [1].
How do California crosswalk rules work?
Many intersections have marked crosswalks, but the law also recognizes unmarked crosswalks at most right angle intersections. California Vehicle Code section 21950 states drivers must yield to pedestrians within marked crosswalks and at unmarked crosswalks at intersections. It also states pedestrians must not suddenly leave a curb or place of safety and enter the path of a vehicle that is so close as to present an immediate hazard [2]. The California DMV driver handbook reinforces these duties for both drivers and pedestrians [3].
For California residents, this means:
- At intersections you are typically in a crosswalk even when lines are not painted, so drivers must yield if you are already in the crosswalk and using care [2].
- At midblock locations yield to vehicles, pick a safe gap, and do not step into traffic that cannot reasonably stop [4].
- At locations between signalized intersections cross only in a crosswalk [5].
For drivers, the law requires slowing or stopping when a person is in the crosswalk and using due care, while also being alert for pedestrians who may enter the roadway at night or in reduced visibility. Federal guidance highlights that a large share of pedestrian fatalities occur in dark conditions, so scanning for pedestrians is an important defensive driving habit [8].
When is jaywalking illegal in California under current law?
AB 2147 does not make all non crosswalk crossings permissible. A pedestrian can still be cited where an officer reasonably believes there is immediate danger of a collision, and other code provisions remain in effect [1]. Common illegal situations include:
- Crossing between adjacent signalized intersections outside a crosswalk [5].
- Sudden entry into the path of a close vehicle that cannot yield in time [2].
- Crossing midblock without yielding to vehicles that present immediate hazard [4].
- Walking in the roadway where sidewalks exist instead of using the sidewalk when practicable, or walking in the wrong direction when no sidewalk is available [6].
AB 2147 focuses enforcement on crossings that create immediate danger, which helps distinguish risky conduct from safe, gap accepted crossings. But if a pedestrian darted out or crossed where drivers could not reasonably stop, a citation is still possible and civil fault may be affected [1][2].
What are the penalties for a jaywalking ticket in California?
California does not set a single statewide dollar amount for every pedestrian crossing citation. Base fines are set by statute and then county and statewide penalty assessments, fees, and surcharges may apply. The Judicial Council publishes uniform bail and penalty schedules used by trial courts, which provide guidance for traffic infraction amounts [12]. Local court procedures also affect how a ticket is processed. Since AB 2147, officers should not stop a pedestrian for a safe crossing that lacks immediate danger. When an officer issues a ticket because the crossing was unsafe, the ticket can still carry significant total costs after assessments [1][12].
If you receive a citation, read the notice carefully and check the Orange County Superior Court traffic portal for steps and deadlines. For safety and legal reasons, consider speaking with qualified counsel before contesting a citation tied to a crash or injury event.
How does jaywalking affect fault in a California personal injury case?
California follows pure comparative fault in civil injury cases. If a pedestrian or a driver is partly at fault, a jury may assign percentages of responsibility and a damages award can be reduced by the plaintiff’s share of fault. The California Supreme Court adopted comparative fault in Li v. Yellow Cab Co., and the principle is reflected in the California civil jury instructions used in trial courts [13][9].
Key civil doctrines include:
- Comparative fault. Even if a pedestrian crossed outside a crosswalk, a driver who was speeding, distracted, or who failed to yield at a crosswalk can still bear a share of responsibility for a collision [9].
- Negligence per se considerations. If a party violated a statute designed for safety and the violation caused the harm, that violation may create a presumption of negligence subject to defenses. Evidence Code section 669 describes this doctrine [10]. Whether AB 2147 affects negligence per se analysis depends on the specific facts, including whether a violation occurred and whether the conduct created immediate danger as contemplated in the new law [1].
- Crosswalk duty allocation. Section 21950 places duty on drivers to yield to pedestrians in crosswalks and on pedestrians to use care and not step into immediate hazard. Courts often analyze who had the right of way, sightlines, lighting, and speed to determine how fault should be allocated [2][8].
- Public entity liability. If roadway design, signal timing, or crosswalk visibility contributed to the crash, a claim may be asserted against a city, county, or state agency under Government Code section 835, subject to defenses including design immunity under section 830.6 [11][14].
What should drivers and pedestrians do at unmarked crosswalks in California?
Unmarked crosswalks exist at most right angle intersections even when there are no painted lines. Best practices from the DMV and federal highway resources include the following steps for safer interactions at these locations [3][8]:
- For pedestrians: stop at the curb, look left right left, make eye contact with drivers, and only start crossing when vehicles have stopped or there is a safe gap.
- For drivers: slow before intersections, scan for people at corners, yield to pedestrians who are in the crosswalk or stepping in after you have stopped, and avoid passing a vehicle stopped at a crosswalk.
- At night: increase following distance and drive at a speed that allows stopping within the distance you can see ahead, since many pedestrian crashes occur in dark conditions [8].
In neighborhoods near schools and parks, these habits matter. Orange County arterials often carry steady vehicle volumes, so taking an extra moment to confirm drivers have yielded can prevent serious injury.
How does AB 2147 affect police stops and equity concerns?
The legislative findings underlying AB 2147 note concerns about disproportionate enforcement of minor pedestrian offenses. The new standard ties enforcement to immediate danger of a collision, which seeks to prioritize safety rather than technical violations that pose little risk [1]. In practice, that means fewer pedestrian stops for low risk midblock crossings, but no change in stops where unsafe crossings pose immediate danger to you or other road users.
What do state and regional data say about pedestrian safety near Irvine?
California’s statewide safety agencies report that pedestrians remain a vulnerable group in traffic. National research indicates that pedestrian deaths account for a sizable portion of traffic fatalities and that the likelihood of severe injury rises substantially as vehicle speed increases at the time of impact [7][8]. The California Office of Traffic Safety highlights ongoing concerns about pedestrian safety and supports education and engineering measures to reduce serious injuries [7].
UC Berkeley transportation research platforms provide mapping and analytics tools for collision data that public agencies use to identify problem corridors and select countermeasures [15]. While each city and corridor is different, common risk factors include dark conditions, multi lane roads, and high travel speeds. In several Orange County corridors with heavy traffic, agencies have advanced pedestrian signal timing changes, high visibility crosswalks, and speed management projects to improve safety [8].
What steps should you take after a pedestrian accident in California?
Your safety comes first. The following steps can help protect your health and your civil claim:
- Get medical care and follow up with your doctor, even if you feel okay at the scene. Some injuries, including head and neck injuries, are not obvious right away.
- Call the police and obtain the incident number. If the driver left the scene, try to recall and note any vehicle details.
- Collect evidence including scene photos, skid marks, debris, street lighting, signal timing, and witness contact information.
- Preserve your shoes and clothing as evidence. Do not wash or alter them until you speak with your lawyer.
- Do not discuss fault with insurers before you understand your rights. Adjusters may call quickly. Consider speaking first with personal injury lawyers or a car accident law firm that handles pedestrian claims.
- Track expenses and time away from work. Keep medical bills, pharmacy receipts, and any records that show how the crash affected your daily life.
If you were driving and a pedestrian was injured, the same steps apply. Report the crash, cooperate with law enforcement, and consider contacting auto accident attorneys or motor vehicle accident attorneys for guidance.
What arguments do plaintiffs and defendants raise when jaywalking is alleged?
Each case turns on facts. In civil disputes after a pedestrian crash, common positions include:
- Plaintiff positions:
- The pedestrian had the right of way in a marked or unmarked crosswalk, and the driver failed to yield as required by section 21950 [2].
- Even if the pedestrian crossed outside a crosswalk, the driver’s speed, distraction, or failure to scan created the primary risk.
- The crossing location had poor visibility, missing signs, or inadequate lighting, supporting a public entity claim under Government Code section 835 [11].
- Defense positions:
- The pedestrian violated section 21954 by not yielding to close oncoming traffic when crossing midblock [4].
- The pedestrian suddenly left a curb into immediate hazard in violation of section 21950, subdivision b [2].
- AB 2147 relates to enforcement and does not modify civil duties owed by pedestrians or drivers [1].
- Public entity design immunity under Government Code section 830.6 bars liability for an approved plan or design [14].
In many cases, experts in human factors, accident reconstruction, and lighting are retained to analyze time and distance, sightlines, and compliance with the vehicle code. The comparative fault framework adopted in Li v. Yellow Cab Co. means a jury can allocate responsibility between the parties as supported by the evidence [13][9].
How do insurers handle claims when jaywalking is an issue?
Insurers analyze liability using the same statutes and principles courts apply. Adjusters will:
- Assess right of way under section 21950 and midblock crossing rules under section 21954 [2][4].
- Evaluate driver conduct for speed, distraction, alcohol, and failure to yield, consistent with the DMV handbook and basic rules of the road [3].
- Consider comparative fault with potential percentage reductions in settlement offers if the pedestrian’s choices contributed to the crash [9].
- Review roadway conditions for possible public entity involvement under Government Code section 835, while anticipating design immunity defenses under section 830.6 [11][14].
Does AB 2147 let you ignore signals or cross anywhere?
No. AB 2147 does not permit ignoring signals or stepping into traffic in a way that creates immediate danger. It limits enforcement of certain pedestrian violations to situations where a reasonably careful person would realize there is an immediate danger of a collision with a moving vehicle. It leaves intact the duties in sections 21950, 21954, 21955, and 21956 [1][2][4][5][6]. Crossing against a signal into traffic, crossing between adjacent signalized intersections outside a crosswalk, or crossing without yielding to close traffic can still lead to citations and can affect civil fault analysis.
What local planning and safety efforts matter for safe street crossing in California?
State and regional agencies encourage engineering and education countermeasures that reduce pedestrian risk. The Federal Highway Administration provides proven safety countermeasures for pedestrian crossings, including leading pedestrian intervals, high visibility crosswalks, refuge islands, and roadway lighting upgrades [8]. Caltrans District 12, which serves Orange County, advances safety projects and guidance that local agencies may adopt to improve crossings on state routes and city streets [16].
For residents walking to the Spectrum, UCI, and neighborhood centers, patience at crossings, nighttime visibility, and understanding right of way rules can lower risk. For drivers, speed management, scanning for people at intersections, and yielding habits aligned with section 21950 reduce crash severity and help everyone get home safely [2][8].
Why GoSuits can help with pedestrian and traffic injury cases
If you were hurt while walking, or if a crash occurred while you were driving, the questions raised by AB 2147 and the California Vehicle Code can be complex. A free consultation with our team can help you understand timelines, evidence, and the strategy needed for a strong civil claim. We practice throughout California, including Orange County area. You can learn more on our about us page and meet our attorneys.
We use a technology driven approach supported by exclusive proprietary software that helps organize evidence, surface patterns in records, and move cases faster with better clarity. Even with advanced tools, every client works directly with a designated attorney. We do not route clients through case managers. You have direct access to your lawyer for updates and strategy.
Our trial team has more than 30 years of combined experience in California courts. We prepare every case as if it may be tried to verdict, which often improves positioning in negotiations. Explore our practice areas and review a selection of results on our prior cases page.
We are leaders in innovation, but always client first. Our systems help shorten delays, coordinate with medical providers, and build accurate damages models. When a case calls for experts in reconstruction or human factors, our attorneys assemble the right team and move quickly to preserve evidence. If you have questions about a jaywalking ticket California or a pedestrian injury, we are ready to listen and help you plan next steps.
References and Resources
- AB 2147 Freedom to Walk Act text – California Legislative Information
- Vehicle Code section 21950 Crosswalks – California Legislative Information
- Pedestrian Safety, California Driver Handbook – California DMV
- Vehicle Code section 21954 Pedestrians outside crosswalks – California Legislative Information
- Vehicle Code section 21955 Between adjacent signalized intersections – California Legislative Information
- Vehicle Code section 21956 Pedestrians on roadways – California Legislative Information
- Pedestrian Safety Program – California Office of Traffic Safety
- Pedestrian and Bicycle Safety – Federal Highway Administration
- Civil Jury Instructions including Comparative Fault – California Courts
- Evidence Code section 669 Negligence per se – California Legislative Information
- Government Code section 835 Dangerous condition of public property – California Legislative Information
- Uniform Bail and Penalty Schedules – California Courts
- Li v. Yellow Cab Co., 13 Cal.3d 804 – CourtListener
- Government Code section 830.6 Design immunity – California Legislative Information
- Transportation Injury Mapping System – UC Berkeley
- Caltrans District 12 Orange County – California Department of Transportation
