Setareh Law
November 5, 2025
In the past few years, California has taken significant strides to enhance pedestrian safety through the introduction of new laws aimed at reducing the risks faced by those who walk along our streets. The enactment of these pedestrian safety laws marks a pivotal moment in our ongoing efforts to create a culture of safety and awareness for all road users. California’s laws, including the new jaywalking law and updates to pedestrian laws, directly impact pedestrian safety and accident liability, shaping how fault is determined and claims are handled in pedestrian accident cases. The application of California law is crucial in defining the responsibilities of both pedestrians and drivers, especially in situations involving marked crosswalks, designated crosswalks, and traffic signals. Recent updates to California’s jaywalking law, such as the Freedom to Walk Act, have changed enforcement criteria, focusing on whether a crossing creates immediate danger, and have significant implications for pedestrian accident claims. These legal changes are designed to reduce pedestrian fatalities and traffic fatalities, and to improve overall traffic safety for all users.
At Setareh Law, our pedestrian accident lawyers believe that knowledge is power. As pedestrians, you may be more vulnerable on the road, and understanding how these new laws impact your rights and protections can be invaluable. Police officers play a key role in responding to pedestrian accidents, creating police reports, and enforcing crosswalk laws to ensure compliance and safety. When a pedestrian crosses the street, it is essential to do so safely, as crossing safely—even outside a crosswalk—can reduce liability in the event of an accident. The new laws require pedestrians to ensure their own safety when crossing outside crosswalks, and legal and safety considerations must always be observed when a pedestrian crosses. Using a marked crosswalk or designated crosswalk provides legal protection and prioritizes safety, while obeying traffic signals and pedestrian signals at intersections is critical to prevent accidents. Functioning pedestrian signals and traffic signals guide safe crossing behavior and are vital for traffic safety. Both drivers and pedestrians should prioritize safety at all times, and practical safety tips—such as making eye contact with drivers, wearing visible clothing, and being alert—can help prevent accidents. Traffic calming measures, like speed bumps and traffic circles, are also important in reducing pedestrian accidents and protecting vulnerable road users.
Pedestrian accidents often involve motor vehicles, and understanding the risks posed by motor vehicles and related traffic laws is essential for both prevention and legal recourse. An accident occurs when either a pedestrian or a driver fails to follow safety rules, and determining fault involves evaluating the behavior of both parties, environmental conditions, and the circumstances of the incident. Police officers, accident reconstruction experts, and witness statements all play a role in gathering evidence and supporting personal injury claims. Obtaining a police report after a pedestrian accident is crucial for legal, insurance, and defense purposes.
Injury victims, including injured pedestrians and pedestrian accident victims, may suffer severe injuries and incur significant medical expenses, such as emergency treatment, surgeries, and rehabilitation. Filing insurance claims is an important step in recovering compensation for these losses, and injury victims have the right to pursue compensation for both economic and non-economic damages. The legal process may involve filing a personal injury lawsuit, and the expertise of experienced personal injury attorneys and pedestrian accident attorneys is invaluable in representing injured pedestrians and navigating complex pedestrian accident cases. Experienced pedestrian accident lawyers can help protect a pedestrian’s rights, advocate for fair compensation, and handle the intricacies of California’s comparative negligence rules, which affect fault and compensation in pedestrian accident cases. Legal representation is especially important for pedestrians involved in accidents, as it ensures their rights are protected and their claims are properly managed. The legal options available to a pedestrian injured in an accident include pursuing compensation through insurance claims, personal injury lawsuits, and other legal avenues.
Protecting and advocating for pedestrian’s rights after an accident is a core part of our mission at Setareh Law. We are committed to supporting pedestrian accident victims and ensuring they receive the compensation and justice they deserve. If you or a loved one has been involved in a pedestrian accident, it is essential to seek legal help from an experienced personal injury attorney who specializes in pedestrian accident cases. Legal representation in a pedestrian accident case can make a significant difference in the outcome, and our team is here to guide you through every step of the process.
Causes of Pedestrian Accidents
Pedestrian accidents remain a pressing issue across California, with thousands of pedestrians injured or killed each year on our roads. Despite the introduction of the Freedom to Walk Act (also known as the Walk Act), which has shifted how pedestrian liability is determined in accident claims, many pedestrian accidents still occur due to a range of preventable factors. Understanding these causes is essential for both pedestrians and drivers who want to enhance pedestrian safety and reduce the risk of serious injuries.
One of the leading causes of pedestrian accidents is distracted driving. When drivers are focused on their phones, adjusting music, or otherwise not paying full attention to the road, they may fail to notice pedestrians crossing streets—even at marked or designated crosswalks. Similarly, distracted walking can put pedestrians at risk, as those who are texting or listening to music may not see oncoming traffic or obey traffic signals. Both drivers and pedestrians must remain alert to prevent accidents involving pedestrians.
Poor visibility is another significant contributor to pedestrian accidents, especially during nighttime hours or in areas with inadequate lighting. When pedestrian visibility is low, drivers may not see someone crossing until it is too late. Pedestrian safety tips such as wearing reflective clothing, carrying a flashlight, or making eye contact with drivers before crossing can help improve pedestrian safety and reduce the likelihood of an accident.
Jaywalking laws in California have evolved with the new law, but pedestrians are still required to exercise caution when crossing outside of designated crosswalks. The Freedom to Walk Act decriminalizes certain instances of jaywalking, but pedestrians must yield to oncoming vehicles and avoid crossing when it creates an immediate hazard. Understanding the nuances of California’s jaywalking law is crucial for both determining liability and protecting pedestrian rights in the event of a pedestrian accident.
Traffic laws, including obeying traffic signals and adhering to speed limits, play a vital role in preventing pedestrian accidents. Drivers must slow down in areas with heavy foot traffic and always yield to pedestrians in marked crosswalks. Pedestrians, in turn, should use designated crosswalks whenever possible and obey traffic signals to cross safely. When these rules are ignored, the risk of pedestrian injuries and fatalities increases significantly.
If you or a loved one has been injured in a pedestrian accident, it is important to consult with an experienced pedestrian accident attorney. An experienced pedestrian accident lawyer can help determine liability, gather evidence such as police reports and traffic camera footage, and guide you through the process of filing a personal injury claim. Injured pedestrians may be entitled to compensation for medical bills, lost wages, and pain and suffering. A personal injury law firm with experience in pedestrian accident cases can help ensure you receive fair compensation and that your rights are protected.
Ultimately, improving pedestrian safety in California requires a shared commitment to following traffic laws, prioritizing safety, and staying alert—whether you are behind the wheel or crossing the street. By working together and seeking legal guidance when needed, we can reduce the number of pedestrian accidents and create safer streets for everyone.
What Is California’s New Assembly Bill 413 (Freedom to Walk Act)?
Assembly Bill 413 introduces new regulations regarding vehicle stopping, standing, and parking, specifically aimed at enhancing pedestrian safety. The bill prohibits vehicles from stopping, standing, or parking within 20 feet of any marked or unmarked crosswalk, and within 15 feet where a curb extension is present. This legislation is designed to improve visibility at crosswalks, thereby reducing the likelihood of pedestrian accidents. By restricting parking in these areas, the bill aims to create safer environments for pedestrians, potentially decreasing the number of personal injury cases related to pedestrian-vehicle collisions.
The impact of AB 413 on personal injury cases could be significant. With clearer regulations on where vehicles can park, there may be fewer instances of accidents caused by obstructed views at crosswalks. This could lead to a reduction in the number of personal injury claims filed by pedestrians injured in such scenarios. The law’s emphasis on marked and unmarked crosswalks highlights the importance of pedestrian rights and safety, which could influence the outcomes of personal injury cases by providing a clearer framework for determining liability.
The bill also includes provisions for state-mandated local programs, which may require local jurisdictions to implement these parking restrictions. This could lead to increased enforcement and awareness of pedestrian safety laws, potentially reducing the number of accidents and subsequent personal injury claims.
California’s New Assembly Bill 1909
Assembly Bill 1909, known as the OmniBike Bill, introduces significant changes to California’s vehicle code to enhance cyclist safety and rights. One of the key provisions allows cyclists to follow pedestrian “WALK“ signals at intersections, providing them with a head start before vehicular traffic moves. This change aims to reduce the risk of collisions at intersections, where a significant number of bicycle accidents occur.
The bill also mandates that drivers change lanes when passing cyclists, if feasible, rather than maintaining a three-foot distance. This provision addresses the difficulty of enforcing the previous rule and aims to create a safer passing environment for cyclists. By providing clearer guidelines for motorists, the law reduces the likelihood of accidents caused by close passes, which could lead to fewer personal injury claims involving cyclists.
Additionally, AB 1909 prohibits local jurisdictions from enforcing bicycle licensing laws, which were sometimes used to target cyclists unfairly. This change reduces unnecessary stops and potential conflicts between cyclists and law enforcement, fostering a more equitable environment for cyclists. By minimizing these interactions, the law may indirectly reduce personal injury claims arising from such encounters.
Contact Setareh Law for a Free Consultation Today
Being informed about these changes is essential for ensuring everyone’s safety and well-being. The new laws aim to hold drivers accountable for their actions, promote safer driving habits, and ultimately reduce the number of accidents involving pedestrians.
If you need guidance on how these laws may affect your situation or if you wish to discuss a specific incident, we encourage you to reach out to Setareh Law. Call Setareh Law at (310) 659-1826 or use our contact form today. Our team is dedicated to providing you with the support and expertise necessary to navigate the legal landscape surrounding personal injury cases.
