Our readers may have read or heard that at the beginning of last year, jaywalking (crossing the street somewhere other than an intersection or marked crosswalk) became legal in California. That’s not exactly the case.
The Freedom to Walk Act states that law enforcement officers can only issue citations to jaywalking pedestrians if they cross a road “when a reasonably careful person would realize there is an immediate danger of a collision.”
Why was the law enacted?
The purpose of the law wasn’t to encourage more jaywalking. It was because civil rights advocates argued that the current jaywalking statute was being used by too many officers “as a pretext to stop and harass people, especially low-income people and people of color.”
Because there tend to be fewer crosswalks in low-income areas than in more upscale suburban areas, people are more likely to cross outside of an intersection or crosswalk. Further, the fine that comes with a citation is more of a financial hardship than it might be for those in other areas.
What do statistics show?
For those who were concerned that the new law would increase pedestrian deaths, that doesn’t seem to have happened. One national report showed that pedestrian crash fatalities decreased by 13% last year over the previous year.
Certainly, both drivers and pedestrians need to be aware of each other’s presence and use common sense and caution. The fact that a pedestrian is crossing outside of an intersection or crosswalk doesn’t mean that a driver bears no fault if they strike them. Further, pedestrians don’t always have the right of way.
All of the facts would need to be considered before holding a driver criminally or civilly liable. If you or a loved one has been injured or worse while crossing the road by a negligent, reckless, distracted or impaired driver, it’s crucial to get sound legal guidance to seek justice and compensation.
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