Setareh Law
April 8, 2025
Jaywalking, or crossing the street illegally, is a common occurrence in California and can often lead to a car accident. However, many people do not realize the potential legal consequences and liability that can arise from jaywalking. If you have been injured in an accident and believe jaywalking played a role, it is essential to understand how this can impact your personal injury case.
At Setareh Law, we understand the complexities of California traffic laws and the potential legal issues that can arise when jaywalking is involved in an accident. We can help you determine if you have a case and advise you on the best way to pursue a personal injury claim. Our English- and Spanish-speaking team will help you every step of the way.
What is Jaywalking?
Definition and General Understanding
Jaywalking is the act of crossing a street or roadway outside a designated crosswalk or in any other manner that is unlawful or in violation of traffic laws. It is a common sight in many cities, especially in areas with heavy traffic. Jaywalking can be a serious offense, particularly in areas with high-speed traffic, and can result in significant consequences, including accidents and injuries.
Importance of Jaywalking Laws and Their Implications
Jaywalking laws are in place to ensure pedestrian safety and to prevent accidents. These laws require pedestrians to cross streets at designated crosswalks and to follow traffic signals. By obeying these laws, pedestrians can reduce their risk of being involved in an accident and can help to prevent injuries and fatalities. Additionally, jaywalking laws can help to reduce congestion and improve traffic flow, making it safer for all road users.
Understanding California Laws on Jaywalking Pedestrians
California Vehicle Code Section 21955 states that pedestrians must use marked crosswalks when crossing the street between two adjacent intersections controlled by traffic signals or police officers. Jaywalking is considered a violation of California law and can result in fines and penalties. However, the legal implications of jaywalking do not end with just a ticket. In some cases, jaywalking can lead to a pedestrian being found partially or fully responsible for an accident.
Additionally, California’s comparative negligence laws can impact the determination of liability in pedestrian accidents, potentially reducing the compensation a jaywalking pedestrian can receive based on their level of fault.
The California Freedom to Walk Act and Designated Crosswalks
In recent years, California has taken steps to address the issue of jaywalking and its impact on pedestrian safety. One such measure is the California Freedom to Walk Act, which aims to decriminalize jaywalking in the state. The bill seeks to remove certain penalties associated with jaywalking, recognizing that these penalties disproportionately affect low-income and minority communities.
Under the Freedom to Walk Act, pedestrians are still required to follow traffic signals and exercise caution when crossing the street. However, the bill eliminates fines and penalties for crossing streets outside of marked crosswalks, provided that pedestrians do not endanger themselves or others. This change in legislation aims to promote pedestrian safety while reducing the disproportionate impact of jaywalking penalties on vulnerable communities.
It is important to note that while the Freedom to Walk Act may remove certain penalties associated with jaywalking, it does not eliminate the potential for a pedestrian to be found partially or fully liable for an accident if they were jaywalking. In personal injury cases, the concept of comparative negligence still applies, and a pedestrian’s decision to jaywalk could be considered a contributing factor to the accident. In personal injury cases, the concept of an injured person’s negligence can play a significant role, as even minor negligence on the part of the pedestrian can impact their ability to recover compensation.
Understanding Compensation in Pedestrian Accident Cases Under California’s Comparative Negligence Laws
In pedestrian accident cases involving jaywalking, it is important to be aware of the types of compensation that may be available to you as an injured party. How an injured pedestrian recovers compensation can depend on the specific circumstances of the accident and the laws of the state. This compensation can include both economic and non-economic damages.
Economic Damages
Economic damages are intended to cover the financial losses incurred by the injured party as a result of the accident. These financial losses often include substantial medical bills incurred from treating accident injuries. These can include:
Medical Expenses
This includes the cost of any medical treatment you have received or may require in the future as a result of your accident injuries. This can cover expenses such as hospital bills, doctor’s visits, physical therapy, medication, and medical equipment.
Lost Wages
If your injuries have caused you to miss work or reduce your work hours, you may be entitled to compensation for the income you have lost as a result.
Loss of Earning Capacity
In some cases, your injuries may limit your ability to work in the future, resulting in a decreased earning capacity. Compensation for this loss can be awarded to help cover the difference in your potential earnings.
Non-Economic Damages
Non-economic damages are awarded for the intangible losses that result from your injuries. These can include:
Pain and Suffering
This compensation accounts for the physical and emotional pain you have experienced due to your injuries.
Emotional Distress
Injuries can result in significant emotional trauma, and compensation may be awarded to address the psychological impact of the accident.
Loss of Enjoyment of Life
If your injuries have limited your ability to participate in activities or hobbies you once enjoyed, you may be entitled to compensation for this loss.
Connect With Setareh Law for Pedestrian Accident Personal Injury Assistance
If you have been injured in a pedestrian accident, it is important to understand how jaywalking may affect your rights and potential compensation. In many cases, either the pedestrian’s or the driver’s car insurance company may be involved in covering medical expenses and other damages. While the California Freedom to Walk Act may remove certain penalties associated with jaywalking, it does not eliminate the potential for a pedestrian to be found partially or fully liable for an accident. In traditional fault-based car insurance states, injured pedestrians may file third-party claims using the driver’s liability coverage to seek compensation.
At Setareh Law, our experienced personal injury lawyers can help you understand your rights and assess your case. We will work to gather evidence to support your claim and fight for the maximum compensation you deserve. Contact us online or call us at (310) 659-1826 today to schedule a consultation and learn more about how we may be able to help.
