Jaywalking remains unlawful in California, though as of 2023, police can no longer cite you for jaywalking unless there is an immediate chance of a collision.
Dangerous jaywalking in violation of Vehicle Code 21955 is an infraction carrying $196 plus court administrative fees and assessments, but no points will be assessed on your driving record.
Although safe jaywalking will not result in a ticket, you are still encouraged to cross only at crosswalks whenever possible.
The language of the code section reads:
VC 21955. (a) Between adjacent intersections controlled by traffic control signal devices or by police officers, pedestrians shall not cross the roadway at any place except in a crosswalk.
(b)
(1) A peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, shall not stop a pedestrian for a violation of subdivision (a) unless a reasonably careful person would realize there is an immediate danger of a collision with a moving vehicle or other device moving exclusively by human power.
(2) This subdivision does not relieve a pedestrian from the duty of using due care for their safety.
(3) This subdivision does not relieve a driver of a vehicle from the duty of exercising due care for the safety of any pedestrian within the roadway.
Our California auto accident attorneys will discuss the following in this article:
- 1. What is jaywalking?
- 2. What is the fine for a VC 21955 ticket?
- 3. Are the rules different in residential areas?
- 4. Can I sue if I am jaywalking and get hit?
- Additional Resources
It is illegal to jaywalk with an immediate chance of a collision.
1. What is jaywalking?
Jaywalking is defined as crossing the street outside of a crosswalk when there is an adjoining intersection controlled by a traffic signal device or police officers.1 “Controlled” means that:
- there are signals in operation, and
- they indicate when you may cross the street.2
The signals often flash:
- “walk,” or
- “don’t walk.”
They can also display a green walking man which indicates you may cross.3
Pedestrian Safety Tips
- Even if you have right-of-way, look both ways before you cross the street, and never dart out unexpectedly. Oncoming traffic may not be paying attention and fail to yield.
- Cross only at marked or unmarked crosswalks, and follow the traffic signals.
- To make sure drivers see you, try to make eye contact with them.
There are times when you must cross a street outside of a crosswalk. If this is the case – pursuant to VC 21954 – you must yield the right-of-way to any oncoming vehicles.
2. What is the fine for a VC 21955 ticket?
A jaywalking infraction carries a fine of up to $196. Note that this is just the base fine. The total cost of the ticket will be much steeper because of:
- state-mandated fees, and
- assessments.
Note that there are no “points” associated with these tickets. This means jaywalking will not result in a point on your DMV driving record.
Dangerous jaywalking is also a minor infraction in residential jurisdictions.
3. Are the rules different in residential areas?
Vehicle Code 21955 applies in both residential and non-residential areas alike. You are encouraged to cross only at crosswalks whenever possible. Though you will not be ticketed if you jaywalk safely.4
4. Can I sue if I am jaywalking and get hit?
Yes. If you get hit by a car while jaywalking, you can still file a lawsuit against the car’s driver. You would likely sue for negligence per se, which is negligence done by breaking a law (such as speeding, failing to yield, or violating any other traffic regulation).
However, since you were jaywalking, you were negligent per se, too. This means that under California’s comparative negligence laws, your payout would be reduced in proportion to your degree of fault.5
Example: John is jaywalking when Sue hits him in her car while she was texting and driving. John’s suffers $20,000 in medical bills.
John sues Sue. At trial, Sue asserts that John was partially at fault since he jaywalked. A jury agrees and finds John was 25% to blame. Therefore, his damages award gets reduced by 25% to $15,000.
Additional Resources
For more information, refer to the following:
- California Department of Motor Vehicles (DMV) pedestrian safety tips – Advice for pedestrians and bicyclists for staying safe.
- California Office of Traffic Safety (OTS) pedestrian safety tips – Statistics and advice for pedestrians for staying safe.
- Go Safely California – Traffic safety tips by the OTS.
- Zero Traffic Fatalities Task Force – Pedestrian and vehicle accident statistics and safety initiatives.
- Centers for Disease Control pedestrian safety – Laws, statistics and safety guide for pedestrians.
Legal References:
- California Vehicle Code 21955 VC. AB-2147 (2022) – The Freedom to Walk Act. In re S.F. (2014) 224 Cal.App.4th 1575.
- Brown v. Regan (1938) 10 Cal.2d. 519. Richard Allyn, California’s new 2023 jaywalking law explained, CBS 8 (December 29, 2022)(“Assembly Member Phil Ting authored this new law, pointing out that communities of color are disproportionately cited for jaywalking compared to the overall population. “Everybody has the freedom to walk across the street without being worried about being cited or being stopped,” Ting said earlier. “We see that African-Americans are five times more likely to get cited than other individuals.””).
- Same.
- California Vehicle Code 21955 VC. See also CalBike Announces New Legislation to Eliminate Jaywalking Tickets in California, (March 25, 2021) (“Assemblymember Phil Ting (D-San Francisco) — along with CalBike, California Walks, and Los Angeles Walks — has introduced AB 1238, The Freedom To Walk Act, which would decriminalize jaywalking…A stop for a harmless infraction like jaywalking can turn into a potentially life-threatening police encounter, especially for Black people…In 2018, crossing at a traffic light after the countdown meter has begun was legalized…From 2018-2020, data compiled by the California Racial and Identity Profiling Act (RIPA) shows Black Californians are disproportionately stopped for jaywalking, up to four-and-a-half times more than their White counterparts.”).
- California Civil Jury Instructions (CACI) 405. See also Pfeifer v. John Crane, Inc. (2013) 220 Cal.App.4th 1270.