Walking out of the office, you’ve reached the street between your building and the neighboring café in pursuit of a relaxing lunch break. There are no cars coming and instead of taking the long route in the opposite direction to the crosswalk, the thought comes across your mind to just jaywalk. But you hesitate, is it against the law?
As a personal injury law firm in Southern California with over 30 years of experience, we take it upon ourselves to inform and spread awareness of law changes in local areas that can directly affect the community’s safety. A critical piece of legislation recently passed called the Freedom to Walk Act. With pedestrian safety being a growing concern, especially as busy office and home neighborhoods are seeing continued expansion from Los Angeles to San Diego, this law addresses a critical issue in the state’s ongoing effort to protect pedestrians. The easy answer is no, it is no longer against the law to jaywalk in Southern California. What does that mean for personal injury cases, you may ask? Here is what you need to know about the Freedom to Walk Act and how it may affect personal injury claims in California.
What is the Freedom to Walk Act?
The Freedom to Walk Act (Senate Bill 539) took effect on January 1, 2023, but is still reaching the public. This act was approved to provide right-of-way access for pedestrians and prevent criminalizing those who cross the street outside designated crosswalks. Overall, police officers are not allowed to stop or ticket pedestrians for jaywalking in most cases, as long as they are not putting themselves or others in danger.
Key Provisions of the Freedom to Walk Act:
- Decrease of Jaywalking Tickets
- Pedestrian Safety is the Priority
- Increased Focus on Infrastructure
How Does the Freedom to Walk Act Impact Pedestrian Safety?
While the Freedom to Walk Act provides greater freedom for pedestrians to cross the street more efficiently, it also highlights the importance of pedestrian safety in an era of busy streets and high traffic volumes. In California, pedestrian accidents are an unfortunate and all-too-common occurrence, particularly in urban and suburban areas around Irvine.
In Sec 6, there is still significant emphasis on caution from both the perspective of the driver and the pedestrians. Though jaywalkers can choose when to cross, the official act states, “No pedestrian may suddenly leave a curb or other place of safety and walk or run into the path of a vehicle that is so close as to constitute an immediate hazard.” Understanding that the fault could land on the pedestrian due to blatant unawareness or disruption caused when crossing is essential.
How Does This Affect Personal Injury Claims in California?
At Woods Williford Personal Injury Attorneys, we’ve handled cases involving pedestrians in accidents and with the passing of the Freedom to Walk Act, it is crucial to understand how the law might affect personal injury claims. Here are a few key points to consider:
Drivers must exercise caution and follow the law, regardless of where pedestrians cross. Even with more freedom to cross streets, drivers must still always yield to pedestrians, especially in areas with high foot traffic. If a pedestrian is hit by a car while crossing outside a crosswalk, the driver could still be at fault if they were not paying attention or failing to yield.
As the law shifts the balance of responsibility to pedestrians, there may be an increase in personal injury cases related to pedestrian accidents in non-traditional crossing areas. Pedestrians involved in accidents may also face difficulties determining liability, especially with the change in laws regarding jaywalking.
In addition, the law emphasizes the need for safer pedestrian infrastructure, and cities are now under more pressure to improve walking conditions. If poor city planning or inadequate infrastructure contributed to your accident, pursuing a claim against the municipality or city responsible may be possible.
What Should You Do If You Are Involved in a Pedestrian Accident?
Suppose you or someone you know has received an injury because of a pedestrian accident in California. In that case, consulting a personal injury attorney who understands the local laws and your rights would be the first course of action.
Ultimately, the Freedom to Walk Act is a progressive step towards improving pedestrian rights and safety in California. While it grants more freedom to pedestrians to cross the street more efficiently, it also places more responsibility on drivers to be vigilant and aware of pedestrians, regardless of where they are crossing.
If you have experienced a pedestrian accident or have questions about how the Freedom to Walk Act affects your injury claim, please get in touch with our team. We are here to help you navigate the complexities of California law and fight for the justice you deserve.