Los Angeles is a sprawling city with diverse neighborhoods and a thriving pedestrian culture. Walking is a way of life for many Angelenos, from the busy streets of Downtown L.A. to the trendy areas of Hollywood and the eclectic nightlife of Westwood.
Unfortunately, this also means that pedestrian accidents are all too common in high-traffic areas like Santa Monica Boulevard, Melrose Avenue, and the Sunset Strip, where drivers often fail to yield or pay attention to those on foot.
Even if you cross outside a designated crosswalk, California law requires drivers to watch for pedestrians and drive safely.
If you’ve been injured in a pedestrian accident—whether or not you were jaywalking—knowing your rights can help you manage insurance claims and legal proceedings, ensuring you get the compensation and support you need to recover from your injuries. Reach out to an experienced pedestrian accident lawyer in California.
The Evolution of Jaywalking Laws in California
California’s approach to jaywalking has undergone significant changes in recent years. Historically, jaywalking laws were strict, often resulting in hefty fines for pedestrians who crossed streets outside designated crosswalks or against traffic signals. However, the landscape of these laws has shifted dramatically, reflecting a more nuanced understanding of urban mobility and pedestrian rights.
The Freedom to Walk Act: A Game-Changer
In 2022, California passed the Freedom to Walk Act, which went into effect on January 1, 2023. This groundbreaking legislation fundamentally altered the state’s stance on jaywalking. The act decriminalized many instances of jaywalking, recognizing that the previous laws disproportionately affected low-income communities and people of color.
Key Points of the Freedom to Walk Act:
The Freedom to Walk Act changes the way jaywalking is regulated in California, providing pedestrians with greater freedom to cross streets without the fear of penalties in specific circumstances.
Here are the key provisions of the Act:
- Decriminalization of mid-block crossings: Pedestrians can now legally cross the street mid-block, provided it’s safe to do so.
- Elimination of fines: The act removed fines for certain jaywalking offenses, which could previously reach up to $250.
- Focus on safety: While decriminalizing many instances of jaywalking, the act maintains that pedestrians must not create an immediate hazard while crossing.
- Empowerment of pedestrians: The new law gives pedestrians more freedom to judge when it’s safe to cross, rather than relying solely on traffic signals.
What the Act Does Not Change
Despite the significant changes brought by the Freedom to Walk Act, it’s important to understand that jaywalking isn’t completely unregulated in California. Pedestrians still have responsibilities and must adhere to certain rules to ensure their safety and the safety of others.
Current Jaywalking Regulations:
- Immediate Hazard Rule: Pedestrians are prohibited from stepping into the path of a vehicle that is so close as to constitute an immediate hazard.
- Crosswalk Usage: At intersections controlled by traffic signals or law enforcement officers, pedestrians must obey the signals or directions given.
- Pedestrian Signals: Where pedestrian signals are present, individuals must adhere to these signals rather than vehicular traffic signals.
- Between Controlled Intersections: In areas between adjacent intersections controlled by traffic signals or officers, pedestrians must use marked crosswalks.
- Diagonal Crossing: Unless specifically authorized, diagonal crossing of intersections is not permitted.
- Sudden Movement: Pedestrians are prohibited from suddenly leaving a curb or other place of safety and moving into the path of a vehicle that is so close as to constitute an immediate hazard.
The Impact on Pedestrian Safety
The relaxation of jaywalking laws has sparked debates about pedestrian safety. Proponents argue that the new approach empowers pedestrians and recognizes the reality of urban mobility.
Critics, however, express concerns about potential increases in pedestrian accidents.
Safety Considerations for Pedestrians:
- Awareness is Key: Always be aware of your surroundings and traffic conditions before crossing.
- Use Crosswalks When Available: While mid-block crossing is now legal in many instances, using marked crosswalks is still the safest option.
- Make Eye Contact: Ensure drivers see you before stepping into the street.
- Avoid Distractions: Put away electronic devices and remove headphones when crossing streets.
- Be Visible: Wear bright or reflective clothing, especially at night.
- Judge Vehicle Speed and Distance: Accurately assess oncoming traffic before crossing.
- Obey Traffic Signals: At controlled intersections, always follow pedestrian signals.
The Role of Drivers in Pedestrian Safety
While much of the focus is on pedestrian behavior, drivers play an equally crucial role in ensuring safety on California’s streets.
Driver Responsibilities:
- Yield to Pedestrians: Drivers must yield the right-of-way to pedestrians in marked and unmarked crosswalks.
- Exercise Due Care: Always exercise due care to avoid colliding with pedestrians, regardless of the rules of the road.
- Reduce Speed: When approaching crosswalks or areas with heavy pedestrian traffic, reduce speed and be prepared to stop.
- Avoid Passing Stopped Vehicles: Never pass a vehicle stopped at a crosswalk, as there may be a pedestrian crossing.
- Be Vigilant: Always scan for pedestrians, especially in urban areas or near schools and residential neighborhoods.
- Respect Crosswalks: Do not block crosswalks when stopped at red lights or stop signs.
Can I Still Recover Compensation if I Was Injured in a Pedestrian Accident While Jaywalking?
Yes, you can still recover compensation if you were injured in a pedestrian accident while jaywalking. California’s legal system recognizes that accidents are rarely black-and-white, and fault often involves multiple factors.
Even if you cross outside of a designated crosswalk, the law does not automatically bar you from seeking compensation for your injuries. California follows a comparative negligence rule, which means that your compensation may be adjusted based on your level of fault, but you are still entitled to recover damages.
How Comparative Negligence Works
Under California’s comparative negligence law, each party involved in an accident is assigned a percentage of fault. This system allows injured pedestrians to recover compensation even if they were partially responsible for the accident. For example, if you were found to be 30% at fault for jaywalking, you would still be eligible to receive 70% of the compensation for your damages.
Drivers have a legal duty to exercise caution, particularly in areas with high pedestrian activity. Even if you were not in a crosswalk, drivers must watch for pedestrians and avoid reckless or negligent behavior, such as speeding, distracted driving, or failing to yield.
Proving Driver Negligence in a Jaywalking Accident
Proving driver negligence is critical to recovering compensation, regardless of whether you were jaywalking. Your legal team will investigate the circumstances of your accident, gather evidence, and work to show that the driver’s actions contributed significantly to the crash.
Some key factors that may demonstrate driver negligence include:
- Speeding or Reckless Driving: If the driver was speeding, ignoring traffic signals, or engaging in reckless behavior, they may be primarily at fault, even if you were not in a designated crosswalk.
- Distracted Driving: Drivers texting, using their phones, or otherwise distracted pose a severe risk to pedestrians. Evidence of distracted driving can shift fault away from the pedestrian.
- Failure to Yield: Drivers are required to yield to pedestrians, even outside of crosswalks, when it is reasonable. A failure to yield can be a strong indicator of negligence.
How the Freedom to Walk Act Affects Pedestrian Accident Claims
The Freedom to Walk Act’s emphasis on safe crossing can help pedestrian accident claims. If you were injured in an area where you crossed safely and there was no immediate hazard, the Act’s provisions can support your case, showing that your actions were within the bounds of the law.
This can help counter any arguments from insurance companies or opposing parties that try to place undue blame on you for crossing outside of a crosswalk.
The Act’s focus on equitable enforcement and pedestrian safety underscores California’s evolving approach to jaywalking, making it clear that the responsibility for safety is shared between pedestrians and drivers.
If a pedestrian accident hurts you, a lawyer who understands how the Freedom to Walk Act applies to your situation can help you assert your rights and secure the compensation you deserve.
How to Protect Your Rights After a Jaywalking Accident
After a pedestrian accident while jaywalking, taking the right steps can significantly impact your ability to receive compensation.
Here’s what you should do:
- Seek Medical Attention: Your health and safety are the top priority. Even if your injuries seem minor, it’s crucial to get checked out by a medical professional as some injuries may not be immediately apparent.
- Document the Scene: If possible, take photos of the accident scene, your injuries, and any visible damage to the vehicle involved. This evidence can be vital in supporting your claim.
- Collect Witness Information: Eyewitness testimony can be instrumental in proving what happened during the accident. Gather names and contact information from anyone who saw the incident.
- Report the Accident: Notify law enforcement of the accident and ensure they file a report. This documentation can provide an objective account of the incident and establish the facts of your case.
- Consult a Personal Injury Attorney: Navigating the complexities of jaywalking laws and insurance claims can be challenging. A skilled personal injury attorney will advocate on your behalf, gather evidence, and negotiate with insurance companies to secure the best possible outcome.
Compensation You May Be Entitled To
After a jaywalking accident, you may recover compensation.
Depending on the severity of your injuries and the circumstances of the accident, you could receive:
- Medical Expenses: Compensation for all medical costs, including hospital stays, surgeries, medications, physical therapy, and future medical care related to your injuries.
- Lost Wages or Income: Reimbursement for the income you lost while recovering from your injuries, as well as any loss of earning capacity if you are unable to return to work.
- Pain and Suffering: Compensation for the physical pain and emotional distress caused by the accident and your injuries.
- Property Damage: If any personal property was damaged in the accident, such as a cell phone or personal belongings, you may be entitled to compensation for repairs or replacement.
Why You Need an Experienced Personal Injury Attorney
Pedestrian accident cases involving jaywalking require a nuanced understanding of California law and the ability to navigate complex legal and insurance processes.
An experienced personal injury attorney will:
- Investigate Thoroughly: A dedicated attorney will conduct a comprehensive investigation of the accident, gathering evidence such as traffic camera footage, police reports, and witness statements to build a compelling case.
- Negotiate with Insurance Companies: Insurance companies often try to minimize payouts, especially in cases where jaywalking is involved. Your attorney will handle negotiations to ensure you receive fair compensation.
- Represent You in Court: If a fair settlement cannot be reached, your attorney will be prepared to take your case to trial, advocating fiercely for your rights every step of the way.
Wilshire Law Firm: Your Advocate in Pedestrian Accident Cases
At Wilshire Law Firm, we understand the devastating impact a pedestrian accident can have on your life. Our team of experienced California personal injury attorneys is dedicated to fighting for the rights of pedestrians injured due to negligence. With our proven track record of securing substantial compensation for our clients, we stand ready to provide the assertive, compassionate representation you need.
Don’t deal with a pedestrian accident claim alone. Contact Wilshire Law Firm today at (213) 335-2402 or through our online form for a free consultation. Our relentless, results-driven approach ensures that you have a powerhouse team on your side, fighting to get you the justice and compensation you deserve.
