Last updated
By Ron McMinn, Esq. | Official sources checked November 12, 2026.
Read this article in Español.
One of the first things people ask after being hit while walking is whether it matters that they were not in a crosswalk. Insurance adjusters often raise it right away. In California, crossing outside a crosswalk does not automatically end a pedestrian’s claim. It is one fact among many, and the driver still had a duty to be careful.
Short answer: A pedestrian crossing outside a crosswalk must yield to vehicles close enough to be an immediate hazard, but drivers must still use due care for pedestrians in the road. California’s comparative fault rule means a pedestrian who shares some fault can usually still recover, reduced by their share. Since 2023, the Freedom to Walk Act also limits when police may stop a pedestrian for crossing.
What the Freedom to Walk Act changed
Assembly Bill 2147, effective January 1, 2023, amended several pedestrian sections of the Vehicle Code. Under section 21955, section 21954, section 21950, and section 21961, a peace officer may not stop a pedestrian for these crossing rules 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.
Each of those sections also says the change does not relieve a pedestrian of the duty to use due care for their own safety, and does not relieve a driver of the duty to use due care for any pedestrian in the roadway. The San Diego Police Department’s training bulletin on the Act describes the same update for officers.
So the law changed how crossing rules are enforced. It did not erase them, and it did not change the basic duty of care on both sides.
The crossing rules that still apply
- In a crosswalk. Drivers must yield to pedestrians in a marked crosswalk or an unmarked crosswalk at an intersection, and must slow down or take other action as needed (section 21950). Pedestrians may not suddenly step in front of a vehicle that is so close it is an immediate hazard.
- Outside a crosswalk. A pedestrian must yield to vehicles so near as to be an immediate hazard, but the driver must still exercise due care (section 21954).
- Between signals. Between adjacent intersections controlled by traffic signals or police officers, pedestrians may not cross except in a crosswalk (section 21955(a)).
- Local rules. Cities may adopt ordinances about crossing outside crosswalks, subject to the same stop limits (section 21961).
How fault is shared
California follows comparative fault, adopted by the California Supreme Court in Li v. Yellow Cab Co. (1975) 13 Cal.3d 804. If a jury or insurer finds a pedestrian partly at fault, the pedestrian’s damages are reduced by that percentage, but the claim is not barred. A driver who was speeding, distracted, or not watching the road can bear most or all of the fault even when the pedestrian crossed mid-block.
Facts that often matter include:
- How fast the driver was going and whether they were looking at a phone.
- Lighting, visibility, and whether parked cars or a curve blocked the view.
- How far the pedestrian had already crossed when hit.
- Whether the driver had time to stop or swerve.
What to save
- Photos of the spot, the nearest crosswalks, lighting, and signals.
- Video from nearby businesses, doorbells, and buses, which is often recorded over quickly.
- Witness names and the police report. A report that mentions the crossing location is not the final word on fault.
- Medical records that connect your injuries to the crash.
If a dangerous street design, missing lighting, or a broken signal played a part, a claim against a public entity may be possible, usually within six months. See can you sue the government for a dangerous road. If the driver fled, see our hit-and-run page. For more, read our pedestrian, e-bike, and scooter page and evidence after a driver claims brake failure.
Talk to us
Win Attorneys handles personal injury and government claims matters statewide from our only office in Tustin. We speak Spanish and Vietnamese.
Call us at (657) 235-8097, write through our contact page, or start online with our intake form. Office: 17291 Irvine Blvd., Suite 210, Tustin, CA 92780.
Sources
- AB 2147 (2022), Freedom to Walk Act, bill text.
- Vehicle Code section 21950, section 21954, section 21955, and section 21961.
- San Diego Police Department, Training Bulletin 22-17, Freedom to Walk Act (PDF).
- Li v. Yellow Cab Co. (1975) 13 Cal.3d 804.
Frequently asked questions
Is jaywalking still illegal in California?
The crossing rules are still in the Vehicle Code. Since January 1, 2023, AB 2147 limits when police may stop a pedestrian for them to when a reasonably careful person would realize there is an immediate danger of a collision.
Can I recover if I was hit outside a crosswalk?
Often, yes. A pedestrian outside a crosswalk must yield to vehicles that are an immediate hazard, but drivers must still use due care. Under comparative fault, your share of fault reduces the recovery but does not automatically bar it.
Does the Freedom to Walk Act mean the driver is always at fault?
No. Each section changed by AB 2147 says it does not relieve the pedestrian of the duty to use due care, or the driver of the duty to use due care for pedestrians.
What if the police report says I was jaywalking?
A report is evidence, not the final word on fault. Speed, distraction, lighting, and visibility can shift fault toward the driver.
Can I cross mid-block between two traffic lights?
Vehicle Code section 21955(a) says pedestrians may not cross between adjacent intersections controlled by traffic signals or police officers except in a crosswalk. Breaking that rule can be considered in shared fault, but it does not decide the whole case.
How long do I have to file a pedestrian injury claim?
Most lawsuits against a private driver must be filed within two years. Claims against a public entity usually must be presented within six months.
Can I talk to a lawyer in Spanish or Vietnamese?
Yes. We speak Spanish and Vietnamese. Call (657) 235-8097. Our only office is at 17291 Irvine Blvd., Suite 210, Tustin, CA 92780.
This article is general information and is not legal advice. Reading it does not create an attorney-client relationship. Every case depends on its own facts.