We’ve all done it. There’s no crosswalk nearby, and your destination is right there. So, you jaywalk. Before 2023, that would have gotten you slapped with a ticket in California. But now, the state asks pedestrians to use their best judgment before jaywalking. Hint: pedestrians don’t have automatic right of way if they aren’t on the road. Here are some ways you can safely jaywalk and avoid an accident.
In a heavy metropolitan area like Century City, pedestrians jaywalking is a common occurrence, especially with Westfield bringing visitors. If you find yourself in an accident because of a jaywalker or a reckless vehicle, a personal injury law firm in Century City can help you make your case.
What is Jaywalking?
Jaywalking is when someone crosses the street without a crosswalk, stop sign, or pedestrian walk sign to indicate the right of way. Every state has its own jaywalking laws. While some states like Florida remain hard on jaywalkers, California law has recently become much more relaxed, recognizing how common and widespread the behavior is.
Is Jaywalking Illegal?
Yes and no. In California, jaywalking was heavily criminalized until 2023 with the Freedom to Walk Act. Because of this act, there’s a lot more leeway for jaywalking, but there are still times when a jaywalker could be penalized.
For example, if you cross a busy street filled with cars despite there being a crosswalk nearby, or if you step into the road without checking if it’s safe, you could be penalized for unsafe jaywalking. If a jaywalker’s actions cause an accident, they will also be held liable for any personal injury charges.
However, if you check for crosswalks and notice there are no oncoming vehicles, you can jaywalk safely and without penalty.
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Where is Jaywalking Illegal in California?
Jaywalking is completely illegal on:
- Freeways
- Bridges
- Tunnels
- Other restricted roadways
Never walk in these areas.
What if There Are No Sidewalks?
If there are no sidewalks, walk as close as to the edge of the road as possible. Keep an eye out for oncoming traffic and your surroundings. In many cases, these areas without sidewalks are not well lit. If you’re walking on these dark roads, make sure you’re also visible for your safety. Wear either a bright light or light-colored clothing. Make sure any pets with you on your walk are also leashed and visible.
How Much is the Fine if I’m Caught Jaywalking Unsafely?
A jaywalking fine can cost you up to $196. This does not include any additional court fees or assessments. You will only receive a ticket if you are found acting in a negligent manner.
How To Avoid an Accident and a Ticket
Give Cars the Right of Way
A jaywalker cannot outrun a car five feet in front of them. If you’re going to cross the road, make sure that oncoming vehicles see you coming. If they see you in time to slow down and let you pass, then you can cross. It’s your duty to wait until the street clears or until another vehicle lets you pass.
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Be Patient
Sometimes people are impatient and decide to cross the street in the middle of heavy traffic. This almost guarantees that they will cause an accident. In an area with heavy traffic, this reckless behavior can lead to a multi-car accident. Wait or walk to your closest protected crossing. Never try to stop in the median or middle of the road to wait for traffic to stop.
Stay Visible
When crossing the street, pedestrians must make sure that they can safely cross the road. In the middle of the day, it’s easy to step onto the side of the road, look both ways, and wait to cross safely. In the evening, this becomes difficult due to lighting in some areas. The best course of action would be to go to a protected light or stop sign. However, if that is not possible, use a phone light, headlamp, or have some sort of visible clothing to indicate that you’re there and wait for a car to allow you to cross.
Walk Facing Traffic
When you’re walking, the rule of thumb is to walk in the direction of oncoming traffic. This is for many reasons, but in terms of jaywalking, it helps you and the drivers maintain visibility of one another. If you and a driver see each other coming, they’re more likely to stop and let you cross versus a driver who comes up behind you.
What Do I Do if I’m Hit While I’m Jaywalking?
Here are the most important steps to take if you’re hit by a car while jaywalking in California:
- Seek medical attention right away. Pedestrian accidents have a high rate of fatality and serious injury. Call 911 and request an ambulance if you’re in pain. Do not try to brush off your injuries. You may end up making them worse.
- Get the driver’s information. You must exchange information with the driver if you’re in the condition to do so. You will be filing a claim with their insurance company for compensation. Avoid giving any recorded statements until you consult a pedestrian accident lawyer.
- Gather evidence. Collecting witness testimony, photos, video footage, and dashcam footage are vital to support your claim. If you were taken to the hospital before you can collect evidence, a jaywalking accident lawyer in Century City can help you retrace your steps and gather evidence.
- Report the accident to the police. California law requires that all car accidents in which there is more than $1,500 in property damage or there are serious or fatal injuries must be reported to the police. Police reports are objective pieces of evidence that can help you file your insurance claim, as well.
- Call a local pedestrian accident lawyer in Century City. Pedestrians often get the short end of the stick in car accidents. They are more injured and most often blamed when a car hits them. A Century City pedestrian accident lawyer can help you build a strong case against a negligent driver.
You May Have a Personal Injury Case
Depending on the circumstances surrounding the accident in question, you may have a personal injury case. Talking to a Century City personal injury law firm can help you figure out if you have a personal injury case. There are a few things you need to prove.
Liability and Comparative Negligence Law
To have a case, you must use evidence to prove that the other party is liable for the accident. This evidence includes witness testimony, police reports, medical reports, photo and video evidence from the scene, as well as proof of lost wages.
However, it is important to remember that California practices comparative negligence. This is a law that states all parties involved in an accident may share responsibility. The percentage of blame is decided using the evidence submitted by each party and observing state laws. This means that even if you’re an injured pedestrian, you can hold most of the blame for an accident if the evidence shows that walked unsafely.
Injuries
With all parties having some degree of liability in the eyes of California court, that means that evidence of your personal injuries becomes the deciding factor in a personal injury case. Talking to a Century City personal injury law firm can evaluate your specific injuries and give you an estimate of how much you can be compensated for depending on how much responsibility you hold in a personal injury case.
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FAQ
Why Do Pedestrians Hold Blame in an Accident?
Sometimes people don’t observe their surroundings before stepping into the road. Everyone on the road must follow a duty of care which means we all must do our part to keep our roads safe for everyone.
If I Hit a Pedestrian with My Car, Will I Go to Jail?
This depends on the case. If you were driving under the influence or breaking vehicle safety laws, the consequences of your actions may send you to jail. It’s best to consult with a Century City personal injury attorney for a personalized explanation.
Will My Insurance Rates Increase?
If you are found responsible for the accident, your rates may increase. Talk to your insurance provider for more information.
What if the Jaywalker Dies at the Scene?
Beside the tragic loss of that individual for their family and loved ones, the death of a pedestrian is traumatizing for all involved in the accident. The decedent’s family would be entitled to seek out a wrongful death suit against the involved parties if negligence was to blame.
How Many Pedestrians Are Hit Per Year?
According to the National Highway Traffic Safety Administration (NHTSA), over 70,000 pedestrians were injured nationwide with 7,000 of them being fatal. That’s 10% of all reported accidents! Learning the ways to keep yourself safe can be a big help in avoiding becoming a part of the 70,000. California sees an especially high rate of pedestrian accidents due to its dense population, DUI prevalence, and speeding problems.
Meet with a Personal Injury Lawyer Today!
Meeting with a personal injury law firm in Century City can help you determine your next steps after an accident. Our lawyers are determined to help our clients get the compensation they deserve.
If you were hurt in a jaywalking accident or lost a loved one in a pedestrian accident, contact Vaziri Law for your free consultation today!