Since jaywalking is now legal in California, determining who is at fault in a pedestrian crash with a jaywalker relies on who acted negligently, causing the crash.
The answer isn’t always simple. In many cases, both the pedestrian and the driver share some level of responsibility. If you are involved in a pedestrian collision, this article will help you understand how liability works in such situations and how a personal injury case helps with your recovery.
Understanding the Driver’s Duty of Care
All drivers have the responsibility to ensure safety, known as a duty of care. This duty means that drivers must act with caution and mindfulness to protect not only themselves but also every other person sharing the road, including passengers, pedestrians, cyclists, and fellow drivers alike.
The law expects every driver to follow clear safety rules and traffic laws. These rules exist to prevent accidents, serious injuries, and unnecessary loss of life.
To uphold this duty and help prevent tragic accidents, drivers must:
- Obey all road signs and traffic signals
- Respect the speed limit
- Refrain from distracted driving, texting while driving, or drunk driving
- Follow other state-mandated laws
When a driver chooses to ignore these responsibilities, whether by speeding, texting, driving drunk, or simply not paying attention, and causes a crash, the law will likely hold that driver legally responsible for the damages and injuries they caused.
Pedestrians’ Duty of Care
While drivers must be cautious, you, as a pedestrian, also have a duty to protect yourself and others from preventable harm.
Under California Vehicle Code Section 21950, pedestrians have the right-of-way at marked and unmarked crosswalks. However, the law also requires pedestrians to act responsibly to avoid putting themselves or others in danger. The right of way is not absolute, meaning you cannot step into traffic suddenly or cross carelessly and expect full protection under the law.
To meet your duty of care as a pedestrian, you are expected to:
- Obey all traffic signals and pedestrian crossing lights. Running against a red light can create split-second situations where drivers cannot react in time.
- Use designated crosswalks whenever possible. Crossing outside of marked areas increases the risk of not being seen, especially in busy intersections.
- Avoid sudden or reckless movements, such as darting into traffic unexpectedly. Even attentive drivers may be unable to stop in time.
- Stay aware of your surroundings. Look left, right, and left again before stepping off the curb.
- Put away distractions like phones, headphones, or anything that diverts your attention from traffic conditions. Distracted walking can be just as dangerous as distracted driving.
- Stay sober while walking. Impairment by alcohol or drugs can slow your reaction time and judgment, leading to fatal mistakes.
Pedestrians have an enormous amount at stake: no seatbelts, no airbags, and no steel frame for protection. One wrong step can change your life. This is why it is crucial to prioritize your safety and duty of care when sharing the road.
Is Jaywalking Legal in California?
Jaywalking is legal in California, but with important limits.
According to Assembly Bill No. 2147, better known as the Freedom to Walk Act, California amended its jaywalking laws effective January 1, 2023. Now, pedestrians are legally allowed to cross streets outside of crosswalks as long as it is safe to do so.
Under this law, pedestrians may cross a street or intersection only when there is no immediate danger, meaning no oncoming traffic that poses a risk of harm. If you jaywalk without exercising caution, you could still be cited and fined up to $196 or more.
The Freedom to Walk Act was designed to reduce unnecessary police stops and fines against pedestrians, but it does not remove your responsibility to stay safe. Crossing recklessly still puts you and others at serious risk.
Do Jaywalkers Have the Right-of-Way in California?
Although jaywalking is now allowed under specific conditions, it does not automatically grant you the right-of-way.
Remember that CVC 21950 imposes a duty on drivers to yield to pedestrians crossing at marked or unmarked crosswalks. However, the law also makes it clear that pedestrians must not:
- Suddenly leave the curb and enter the path of a vehicle,
- Delay traffic unnecessarily by standing or walking slowly across the road,
- Cross when it is clearly unsafe to do so.
In short, just because you’re walking doesn’t mean drivers must always stop for you, especially if you enter traffic recklessly.
If you ignore these rules and step into harm’s way, it can not only cost you a citation and your right to recover full compensation if you’re injured.
Who is at Fault in a California Pedestrian Accident Involving a Jaywalker?
Responsibility for a pedestrian crash involving jaywalking depends on the specific facts of the incident. Fault can rest with the pedestrian, the driver, or both.
When the Pedestrian Is Liable
You, the pedestrian, can be liable for the crash if you cross unsafely. For example:
- Walking in a bike lane when a sidewalk is available
- Crossing outside the crosswalk between two intersections that are controlled by traffic signals
- Ignoring a “Don’t Walk” signal
- Darting into the street with oncoming traffic nearby
So, if you are primarily responsible for the accident, you may not be able to recover compensation for your injuries. This means you cover all your losses. Additionally, you could be held liable for damages caused to the vehicle or its occupants.
When the Driver Is Liable
Drivers have a legal duty of care to be alert, sober, and cautious at all times. If a driver is:
- Speeding
- Distracted by their phone
- Driving under the influence
- Or otherwise negligent
They can still be fully or partially responsible, even if you were jaywalking. For instance, if you cautiously cross an empty road and a speeding driver slams into you, the driver could be held fully liable.
To prove the driver’s negligence, you would need to establish four legal elements:
- The driver owed you a duty of care.
- The driver breached that duty.
- That breach directly caused the accident.
- You suffered injuries and damages as a result.
Once proven, the driver would owe you compensation for your medical bills, lost income, pain and suffering, and other losses.
When Both the Pedestrian and Driver Share Fault
Many accidents involve shared blame.
Imagine you crossed without checking if there were apparent risks, at the same time, the driver who hit you was also texting while driving. In this case, both of you might be considered partially responsible.
California follows a pure comparative negligence rule. This means you can still recover damages even if you were mostly at fault. In this case, your compensation is simply reduced by your percentage of responsibility.
For example, if the driver was 80% responsible and you were 20% responsible, you could still recover 80% of the total damages.
The rules around jaywalking accidents are complex, and insurance companies will often try to blame the pedestrian to reduce their payout.
An experienced California pedestrian accident attorney can investigate the accident thoroughly, gather critical evidence, such as traffic cam footage or eyewitness statements, and fight for your right to fair compensation.
What Damages Can I Be Paid For After a Pedestrian Crash?
The injuries you suffer in a pedestrian crash may not only cause immediate pain and financial strain but also alter the course of your future physically, emotionally, and financially.
If you’ve been hit by a car, you deserve to be compensated for every loss you incur.
For example, if you suffer a back injury, your compensation should cover your immediate medical expenses and the wages you lost while recovering. But if the injury leaves you permanently unable to do your job, you can also claim future loss of income.
Furthermore, if the trauma of the crash leads to anxiety or depression, making everyday life feel overwhelming, you can also seek compensation for these, too.
The more deeply the accident impacts your ability to live, work, and enjoy life, the greater the compensation you deserve. In California, pedestrian accident damages generally fall into three main categories:
Economic Damages
These are the out-of-pocket expenses you can document with receipts, bills, and pay stubs. They include:
- Medical expenses (hospital bills, doctor visits, surgery, physical therapy)
- Future medical costs related to your injury
- Lost wages for the time you couldn’t work
- Loss of future earning capacity if your injury permanently affects your ability to earn a living
- Property damage, such as broken glass, torn clothing, or damaged personal items, during the crash
Non-Economic Damages
Non-economic damages compensate you for the emotional or psychological effects of the accident, such as:
- Pain and suffering
- Emotional distress (such as anxiety, depression, PTSD)
- Loss of enjoyment of life (for example, no longer being able to participate in hobbies or activities you once loved)
- Loss of companionship or affection if your relationships suffer because of your injuries
Non-economic damages can be harder to calculate, but experienced pedestrian accident lawyers know how to value these losses and fight for the full amount you deserve.
Punitive Damages
In rare cases, if the driver’s actions were particularly reckless, malicious, or intentional, you may also be awarded punitive damages.
Unlike other types of compensation, punitive damages are meant to punish the wrongdoer and send a message that such dangerous behavior will not be tolerated.
Examples might include a driver who was extremely intoxicated, street racing, or intentionally trying to frighten pedestrians.
Do I Need a Pedestrian Accident Lawyer in California?
Yes. After a pedestrian crash, you are up against powerful insurance companies whose goal is to pay you as little as possible. Without an experienced California pedestrian accident attorney by your side, you are likely to receive a settlement that hardly compensates for your overall losses. Instead, it only covers your existing tangible losses, without thinking about how the accident affects you emotionally and in the future.
Overall, pedestrian accident lawyers can significantly increase or maximize your payout by providing or doing the following:
-
Expertise and Experience
Pedestrian accident cases are uniquely complex. An experienced lawyer knows the laws, procedures, and strategies needed to build a solid case, from gathering medical records to presenting persuasive arguments in court.
-
Proving Liability
Winning your case means proving that the driver was at fault. This often requires gathering police reports, interviewing witnesses, consulting accident reconstruction experts, and collecting surveillance footage. Your lawyer will handle every step of this critical process while you focus on healing.
-
Maximizing Your Compensation
Insurance companies are notorious for offering lowball settlements, especially when victims don’t have legal representation. A seasoned lawyer knows how to calculate the true value of your injuries and will negotiate fiercely on your behalf.
-
Cutting Through the Red Tape
Between strict deadlines, endless paperwork, and confusing legal procedures, the process can feel overwhelming, especially when you’re in pain. California pedestrian accident lawyers take the burden off your shoulders, managing everything from start to finish.
At The Law Offices of Larry H. Parker, we believe that true representation goes beyond paperwork and courtrooms.
We stand by you not just as your legal expert, but as a source of support and strength during one of the most difficult times of your life.
If you or a loved one has been in a pedestrian crash, don’t go through this alone. Call us today at 562-620-5912 for a free consultation. Let us fight for justice and the future you deserve.
Hurt in a wreck? We’ll help you sort things out. Call today for a complimentary case evaluation with trusted car accident lawyers.
What Our Clients Have to Say About Us
While many personal injury lawyers can handle your case and develop a legal strategy, our team stands out for its relentless advocacy. We ensure that our California pedestrian accident attorneys are adequately able to create a strong claim, as confirmed by our previous clients:
“Ron took the time to review my case and sit down and talk to me. He was very thorough, and I appreciated the time. Thank you again.” Chris H.
Frequently Asked Questions About Personal Injury Claims
Do you need to learn more about accident claims? We want to help you! Here are common questions that victims ask, which may clarify various aspects of your case.
- Liability in Flashing Yellow Light Intersection Collisions
- Types of Evidence To Prove a Drugged Driving Car Accident
- Who is Liable for a Nighttime Pedestrian Accident?
- Leaving the Accident Scene vs. Hit-and-Run: What’s the difference?
References
Assembly Bill No. 2147. (n.d.). California Legislative Information. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB2147&os=roku&ref=app
California Vehicle Code Section 21950. (n.d.). California Legislative Information. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=21950.&lawCode=VEH
comparative negligence | Wex | US Law | LII / Legal Information Institute. (n.d.). Law.Cornell.Edu. Retrieved April 29, 2025, from https://www.law.cornell.edu/wex/comparative_negligence
