Is Jaywalking Illegal In Los Angeles?

Jaywalking, the act of crossing a street outside a designated crosswalk, has long been a contentious issue. Like many cities, Los Angeles used to strictly enforce jaywalking laws, imposing fines and citations on pedestrians who violated them.

In response to concerns about the increasing number of cases involving disproportionate enforcement of jaywalking tickets, the Freedom to Walk Act was passed in September 2022 and officially took effect on January 1, 2023. This new law grants pedestrians greater freedom to cross streets safely, even outside of marked crosswalks, as long as they can do so without creating a hazard.

Jaywalking is still technically illegal in Los Angeles, but only under specific circumstances. However, law enforcement officers are prohibited from issuing citations unless there is an immediate danger of collision when someone is jaywalking. This shift in enforcement priorities reflects a broader recognition of pedestrian rights and the need for safer, more walkable cities.

Is Jaywalking Legal In Los Angeles?

Thanks to the Freedom to Walk Act signed by California Governor Gavin Newsom, jaywalking in Los Angeles and the rest of California is no longer a punishable offense under most circumstances. You are allowed to jaywalk as long as it’s safe to do so.

However, while the new law no longer prohibits jaywalking, it stipulates that the action is only permissible when there is no immediate hazard for all road users. You can still be cited for jaywalking if your actions pose a clear risk or danger to your safety or that of others.

Jaywalking also refers to the following behaviors that can cause a traffic hazard or pedestrian accident:

• Crossing a street in the middle of the block instead of using a nearby crosswalk.
• Ignoring red traffic lights or “Don’t Walk” signs.
• Crossing diagonally across an intersection without waiting for the proper signal.
• Crossing at an intersection without a crosswalk.

California’s Vehicle Code also states that pedestrians are still required to use the crosswalk in certain places, particularly between adjacent intersections patrolled by police officers or managed by traffic control signals.

Dangerous behaviors increase the risk of pedestrian accidents, which is why jaywalking was initially banned. The long-standing enforcement of these laws reflects the city’s ongoing effort to manage pedestrian safety amid ever-growing traffic challenges. However, with the recent decriminalization of jaywalking, Los Angeles is shifting its approach.

The History Of Jaywalking In Los Angeles, CA

Los Angeles is renowned as the world’s entertainment capital. From Beverly Hills to Sunset Boulevard, LA is home to traditional glamor and extravagant retail therapy. Meanwhile, the Hollywood Walk of Fame immortalizes the legacy of over 2,700 personalities as pavement stars scattered across a 15-block boulevard.

The county is also one of the largest and culturally diverse regions in the Americas. Cultural enclaves like Chinatown, Historic Filipinotown, Little Tokyo, and Via Italia in San Pedro are popular tourist destinations. It is no surprise that tourists travel thousands of miles just to revel in the county’s wonders. Thousands of them, along with Angelenos, walk along the roads daily to explore what the iconic city has to offer.

In the early 1900s, the concept of jaywalking did not exist. Pedestrians were free to roam the streets as they pleased, whenever and however they wanted. This unrestricted freedom consequently led to an alarming number of people killed in pedestrian accidents in the first few decades.

Los Angeles and other locations where the automobile industry began to boom popularized the term “jaywalking” as a derogatory term. The term “jaywalker” originated from “jay-driver,” which referred to reckless drivers who disobeyed traffic rules by driving on the wrong side of the road. Both terms are derived from the word “jay,” meaning an inexperienced or uneducated person. Auto clubs used the ridicule of “jaywalker” to deter pedestrians from crossing the streets outside designated crosswalks.

In 1923, the Automobile Club of Southern California persuaded the LA police to issue an order limiting pedestrians to sidewalks. The club then proceeded to post signs along Broadway, warning pedestrians that “Jaywalking Prohibited by Order Police Department.” The automobile industry’s trade associations introduced a news service in 1924 that began stigmatizing pedestrians. Newspapers published stories blaming pedestrians for their deaths and injuries in road accidents. This propaganda started the marginalization of walking in car-centric cities worldwide.

With the support of Los Angeles Studebaker dealer Paul G. Hoffman, the city adopted a traffic ordinance that prioritized motorists over pedestrians on the streets. The first arrest under this regulation warranted a $5 fine. This movement led to the 1925 traffic law, thus enforcing pedestrian restrictions and regulations nationwide.

Almost a hundred years later, in 2022, California passed the Freedom to Walk Act, decriminalizing jaywalking. This marked a historic change in its traffic laws. The radical shift has sparked ongoing discussions about justice, safety, and urban mobility in California and, by extension, Los Angeles.

Why Did Los Angeles Change Its Jaywalking Laws?

Historically, authorities in Los Angeles have enforced jaywalking laws to protect pedestrians from road accidents. However, old jaywalking laws frequently drew criticism for unfairly targeting certain demographics. Critics argued that disparity in law enforcement led to unnecessary police encounters, often involving African Americans.

Data collected by the California Racial and Identity Profiling Act (RIPA) reveals this trend of racially fueled behaviors. Between 2018 and 2020, black Californians were four times more likely to receive a jaywalking ticket than non-black individuals.

Community leaders also stated that fines imposed on jaywalkers lead to unnecessary hardship. They noted that high-poverty neighborhoods don’t have the means or funds to provide more crosswalks in these areas. However, the California Sheriff’s Association vehemently opposes the new legislation, stating that easing jaywalking enforcement will worsen existing road problems.

With the amendments in the Freedom to Walk Act, California has officially legalized jaywalking under certain circumstances. The law allows jaywalking as long as it doesn’t pose any immediate danger to others on the road. Pedestrians can cross streets outside of crosswalks without receiving a citation, provided they do so safely and obey the traffic laws. This reform aims to address the disproportionate enforcement of jaywalking tickets in communities of color and low-income areas.

Advocates of the law argue that this change reduces legal costs for minor offenses that don’t pose a safety risk. Additionally, they believe this Act will help decrease the over-policing of certain communities. Limiting the scope of traffic laws that have historically been used to target these areas can hopefully foster more equitable enforcement practices.

Los Angeles Jaywalking Laws

Below are four key things every Angeleno should know about the reformed California jaywalking laws:

• Crosswalks and Right of Way — The Act grants pedestrians the right of way at intersections and marked crossings, provided they don’t disrupt traffic. Vehicles must yield to pedestrians in marked or unmarked crosswalks.
• Due Care When Jaywalking — While the amendments ease pedestrian restrictions when crossing streets, this doesn’t mean they can do so without care. Pedestrians must still exercise caution when jaywalking in Los Angeles to avoid posing any danger to themselves or motorists.
• Compliance With Traffic Signals — The new changes decriminalize jaywalking; however, pedestrians must still obey traffic signals and crossing indicators. Existing and new traffic laws must be observed, especially when crossing roads in high-traffic areas.
• Implications for Pedestrian Safety — Pedestrians are not exempt from legal liability, particularly when their actions contribute to accidents or injuries. They must exercise caution and use reasonable judgment when crossing the street.

What Does “Due Care” Mean?

As previously mentioned, the law permits jaywalking, provided pedestrians exercise “due care.” In legal terms, this behavior refers to the level of judgment that a reasonable person would exercise to avoid causing harm to others. It involves taking appropriate precautions, considering potential risks, and acting to prevent harm. The standard of care can vary depending on the context.

For example, a driver must exercise caution by paying attention to the road to avoid traffic accidents. If a pedestrian notices a car swerving or exhibiting unpredictable behavior, they should avoid crossing the road. When it’s raining, it can be reasonably assumed that vehicles have less traction on the road, and jaywalking could potentially lead to a rain-related accident.

When jaywalking, pedestrians need to take precautions before crossing the street. This means checking for any immediate dangers, such as erratic vehicles or dangerous road conditions, that could put oneself or others at risk. If someone fails to take care and their actions cause harm, they may be considered negligent.

If you must unavoidably jaywalk in Los Angeles, exercise due care to keep yourself safe and avoid potential legal issues. Under the California Civil Code, everyone is obligated to exercise due care in the exercise of one’s rights. Even your favorite Hollywood stars have to ensure their actions or decisions do not jeopardize the safety of others.

How Will The Changes In Jaywalking Laws Affect Traffic And Pedestrian Accidents?

The 2022 amendments have several implications for pedestrians and drivers. While legislation gives pedestrians greater freedom, it also places a higher responsibility on them to evaluate safe crossing conditions. The law permits jaywalking, provided a “reasonably careful person” identifies no immediate danger to others or themselves when crossing. This subjectivity can be tricky, as each pedestrian may gauge road conditions differently.

Regardless, the reform calls for pedestrians to exercise due care when intending to jaywalk. For drivers, this means being more alert if a pedestrian suddenly dashes in front of your vehicle. Unlike in Hollywood movie sets, a simple retake cannot undo the real consequences of accidents.

The decriminalization of jaywalking also complicates pedestrian accidents and makes liability more nuanced. Here, the legal knowledge of experienced pedestrian accident lawyers can be valuable in navigating personal injury cases arising from such incidents.

If you are involved in one and are unsure about the legal process, contact us at (888) 488-1391 for a free case review. Our California personal injury attorneys can help you understand your rights and represent your interests throughout the claims process.

Situations Where A Jaywalking Pedestrian May Receive A Ticket

Despite the decriminalization of jaywalking in Los Angeles, certain actions still warrant a ticket. The following scenarios may result in a citation:

• Ignoring Traffic Signals — The revised California pedestrian laws prohibit crossing at a red light in heavy traffic. Jaywalking, where traffic conditions do not allow for safe crossing, may result in a citation.
• Creating a Safety Hazard — A pedestrian may receive a jaywalking citation if their reckless actions unintentionally endanger the safety of other road users. Bolting in front of their favorite LA star’s vehicle is an example of such behavior. This Act may cause the driver to make hazardous maneuvers, potentially causing a motor vehicle accident.

What Are The Penalties For Jaywalking In Los Angeles?

A jaywalking ticket in Los Angeles may result in a fine of at least $196. The pedestrian’s DMV driving record will not receive any points for the infraction. However, the penalty could increase depending on the associated expenses of processing fees and penalties. Repeated jaywalking offenses also result in higher penalties. While a first-time offense might incur a relatively small citation, subsequent violations could result in more substantial charges.

Risks And Dangers Of Jaywalking In Los Angeles

Los Angeles, over the past five years, has consistently recorded significant pedestrian-related accidents and fatalities in California. In 2023, Los Angeles recorded 179 pedestrian fatalities, accounting for over half of all traffic deaths in the city. Despite the push to ease pedestrian restrictions, jaywalking in Los Angeles, like in many other urban areas, still poses dangers. Risks associated with jaywalking include:

• Increased Risk of Accidents — Los Angeles’s traffic conditions can be particularly dangerous for jaywalkers. When pedestrians suddenly bolt out behind parked cars, trees, or other obstacles, oncoming drivers may not see them, greatly increasing the likelihood of an accident.
• Life-Threatening Injuries — Pedestrians have little to no protection from high-impact crashes. This puts them at a higher risk of sustaining severe injuries, such as brain injuries, spinal cord injuries, and other bodily injuries. A pedestrian may abruptly cross a street, posing a risk to both themselves and others.
• Traffic Disruption — Dangerous jaywalking behaviors can unintentionally disrupt traffic flow. This negligent action can cause drivers to swerve off the road to avoid hitting pedestrians, potentially resulting in sideswipes, head-on collisions, and other traffic-related accidents.

If you were involved in a traffic crash while jaywalking, our accident lawyers can do the legal legwork for your injury. Contact our Los Angeles accident lawyers at (888) 488-1391 for help with your jaywalking accident claim.

How To Stay Safe While Crossing The Street In Los Angeles

While strolling in glitzy Downtown Los Angeles, you may see an actor from your favorite movie across the street. You just can’t recklessly run towards them to get an autograph. It’s important to observe the following safety measures:

Check Oncoming Traffic

Always look both ways before crossing the street, even if you are crossing an area without a designated crosswalk. Ensure no vehicles are approaching or that drivers have noticed you before crossing.

Cross At A Safe Distance

If you’re crossing outside a crosswalk, choose a location where you can see oncoming traffic clearly, and drivers can see you. Avoid crossing near curves, hills, or obstacles that could block your view or make you less visible to drivers.

Walk Cautiously At Night

Visibility is lower after dark, so if you’re crossing the street, make sure the area is well-lit. Use a flashlight or your phone’s light if needed to let drivers know you’re crossing the road and reduce the risk of accidents at night.

Obey Traffic Signals

Even when jaywalking, follow road signals at nearby intersections. Intersections see a higher volume of vehicles coming from multiple directions. Jaywalking at these locations increases the risk of intersection accidents. Avoid crossing at a red light or opposite a pedestrian signal, as drivers running a red light can put you in danger.

Avoid Distractions

When walking and crossing the street, put your phone away, remove your headphones, and remain aware of your surroundings. Distractions can prevent you from noticing an oncoming vehicle or other hazards.

Following these safety tips can help mitigate the risks associated with jaywalking, especially with the increased flexibility under the Freedom to Walk Act.

What Should I Do If I Were Hit By A Car While Jaywalking In Los Angeles?

With the 2022 amendments to California’s jaywalking laws, determining liability in car accidents involving pedestrian traffic violations is more nuanced and complicated. If you were involved in a car accident involving a pedestrian traffic violation, here are some steps to consider:

1. Ensure Your Safety — The first and most crucial step is avoiding further harm. If you can, move to the side of the road. Call 911 for emergency medical help.
2. Gather Evidence — Collect as much evidence as possible from the accident scene, including photos and witness statements. This information can be crucial in establishing the driver’s negligence or recklessness and supporting your claim for compensation.
3. Exchange Information — The driver is legally obligated to stop after a car accident. Get their details, including their driver’s license number, plate number, and insurance information. If you are involved in a hit-and-run accident, note their license plate or ask witnesses if they remember anything about the car. Your car accident lawyer can use these pieces of evidence to strengthen your case.
4. Seek Medical Attention — Getting your injuries checked and treated promptly is critical. This measure also creates a medical record for future personal injury claims.
5. File a Personal Injury Claim — You may be able to file a personal injury claim against the driver’s insurance company to seek compensation for your losses and suffering, depending on the specifics of your case. California’s comparative negligence law allows you to seek damages, even if you share some fault. Getting help from experienced pedestrian accident lawyers in Los Angeles can provide valuable legal guidance for your case.
6. Consult with Pedestrian Accident Attorneys — Consulting with a personal injury lawyer experienced in jaywalking accidents in Los Angeles can help in assessing your case, seeking proof of liability, and negotiating with insurance companies. We will represent your case in court if a settlement isn’t reached during negotiations.

Frequently Asked Questions

Can I Still Pursue Compensation If My Jaywalking Caused The Traffic Crash?

You can still seek compensation even if you are partially at fault for a jaywalking-related crash in Los Angeles, depending on the circumstances. California is a pure comparative negligence state. Your percentage of fault will reduce your compensation. If you are 30% liable for the accident, you may be able to pursue 70% of the potential settlement.

Understanding negligence can be challenging, especially when dealing with insurance companies. In this case, seeking the assistance of our experienced Los Angeles personal injury attorneys can help with addressing issues that may arise in the process, such as low settlement offers, disputes over liability, delays, and denial of claims.

Do Pedestrians Have A Right-of-Way In California?

Yes. In California, pedestrians generally have the right of way, but this right is subject to specific rules and conditions, such as:

• Marked and Unmarked Crosswalks — Pedestrians have the right of way at marked crossings and intersections with unmarked crosswalks. Vehicles are required to yield to pedestrians crossing the street at these locations.
• Responsibility to Yield — Even though pedestrians have the right-of-way at crosswalks, they must exercise caution. For example, they should not suddenly leave a curb or run into the path of an oncoming vehicle.
• Outside of Crosswalks — When crossing a road other than at a crosswalk or intersection, pedestrians do not have the right of way. In these situations, pedestrians must yield to all vehicles on the roadway.
• Follow Traffic Signals — Pedestrians must obey pedestrian signals when present. Otherwise, they should follow the standard traffic signals.

When crossing the street in Los Angeles, it is advisable to keep the conditions listed above in mind. Knowing when and how to cross the street can greatly reduce the chances of a pedestrian accident.

Did The Freedom To Walk Act Make Jaywalking Legal In California?

It’s a common misconception that the Freedom to Walk Act made jaywalking totally legal in California. The law relaxes strict enforcement but doesn’t fully legalize jaywalking. Pedestrians still need to be cautious and avoid crossing if danger is imminent. The law allows crossing outside designated crosswalks as long as it’s done safely.

However, pedestrians can still receive a citation if they create a dangerous situation or obstruct traffic. While the law reduces the number of jaywalking tickets, it doesn’t eliminate them entirely. When crossing streets in Los Angeles, exercise due care to avoid pedestrian accidents.

​​Is Jaywalking A Felony In California?

No. Felony charges are reserved for much more serious crimes. A jaywalking citation is considered a minor infraction. It may result in fines and other penalties, but it does not result in criminal charges.

Do The Majority Of Pedestrian Fatalities Involve A Jaywalker?

Jaywalking does not cause all pedestrian fatalities. However, a considerable percentage of pedestrian accidents happen outside of marked crosswalks. Authorities typically label this behavior as jaywalking.

Who Is At Fault If A Pedestrian Is Hit While Jaywalking?

Fault typically depends on the circumstances of the accident. Under California’s comparative negligence law, the pedestrian and the driver may share liability for the incident. If a pedestrian were jaywalking, they might be considered partially at fault. This could reduce any compensation they might receive for injuries and damages.

The driver’s actions will also determine who is at fault. If they were speeding, driving while distracted, or otherwise driving negligently, they could be found more responsible for the accident. They might bear a larger share of the blame, even if the pedestrian was jaywalking.

Can You Sue If You Were Hit By A Car While Jaywalking?

You may be able to file a lawsuit if a car hits you while jaywalking, depending on the situation. California’s comparative negligence law allows victims to seek compensation even if they were partially at fault for the accident. A legal consultation with experienced pedestrian accident attorneys in LA can be beneficial to understand the legalities involved in your case.

Who Can File A Pedestrian Accident Claim?

In Los Angeles, those who were injured in a pedestrian accident can file a personal injury claim, depending on the circumstances of the accident. These victims may include:

• Pedestrians who were hit by a vehicle while crossing marked or unmarked crosswalks.
• Undocumented immigrants who were struck by a vehicle while crossing the road.
• Family members of a deceased pedestrian who are eligible to file a wrongful death claim.

Our Los Angeles personal injury attorneys can assist you in filing your claim and seeking compensation for your losses.

Injured While Jaywalking In Los Angeles? Consult With Our Pedestrian Accident Lawyers

The recent amendments to California’s jaywalking law have transformed a once clear-cut offense into a legal gray area. When crossing Los Angeles’ busy roads, it is essential to exercise caution. If you are injured while jaywalking, we can help you understand your rights and explore your legal options. Our dedicated team of injury attorneys will help you navigate the legal process of pursuing damages.

We work on a contingency fee basis, meaning you pay attorney’s fees only if we recover compensation for you. In case no compensation is obtained, you won’t owe us any attorney’s fees. Note, however, that you may still be responsible for other case-related costs regardless of the outcome. Our legal team can explain our fee agreements and address cost-related questions during consultation.

Our experienced legal team is dedicated to representing accident victims in pursuing compensation based on the applicable law for their injuries, medical bills, and other losses. Call us at (888) 488-1391 for a free case review.

Our Los Angeles automobile accident lawyers handle traffic accidents involving rideshare vehicles like Uber and Lyft, trucks, motorcycles, and SUV rollovers. We also handle cases relating to hit-and-run motorcycle accidents, DUI accidents, parking lot accidents, and slip-and-fall accidents.