California Laws on Jaywalking
Jaywalking is not federally prohibited, but laws differ in each state. Here’s what to know about whether jaywalking is legal in California.
Jaywalking, which is the act of crossing the street outside of a designated crosswalk, is a minor offense that results in an infraction. The consequence for receiving jaywalking citation is a base fine of up to $196.
Defining Jaywalking in California
In California, jaywalking occurs when pedestrians cross the road without using a designated crosswalk, which includes walking across crosswalks that do not yet permit walking. The act of jaywalking is confined to crossing between intersections controlled by traffic control signals or police officers.
Pedestrians must yield the right-of-way to all vehicles in the absence of marked crosswalks. Vehicles must always yield the right-of-way to pedestrians who need to cross a designated crosswalk. Vehicles are not exempt from the care of pedestrian safety in cases of jaywalking.
Related: Determining Fault in a California Car Accident
Penalties of Jaywalking in California
A traffic citation for jaywalking results in an infraction and a consequential fine. An infraction in California constitutes a violation of the law, but not a crime. Infractions alone cannot cause imprisonment. A jaywalking base fine can be up to $196, not including additional fees. A fine may also increase with additional offenses. The fine may be more dependent on the situation.
Jaywalking will not be reflected on an offender’s DMV driving record.
How to Handle Jaywalking Charges
Jaywalking fines may vary and can require a court appearance. Offenders may also challenge the violation. Fighting a jaywalking fine results in an appearance at traffic court with at least an arraignment and a trial.
The offender must plead guilty or not guilty at the arraignment. The arraignment results in a trial, where the judge will collect testimony from the offender and the issuing officer. The offender can also attempt to prove the fine will be a financial burden, in which the judge may remove the fine or assign community service.
Related: What Is a DOT-Recordable Accident?
Prosecution of a Driver After Hitting a Jaywalker
A jaywalking pedestrian can file a lawsuit against a driver in the event that the pedestrian gets hit by a car. The plaintiff would be partially at fault for the accident, which would cause comparative negligence laws to apply. An application of comparative negligence results in a percentage of fault for the plaintiff and defendant decided by a jury. The percentage reduces or nullifies the plaintiff’s award for damages.
A plaintiff may recover compensatory damages for medical bills, lost wages, or non-economic damages such as pain and suffering. Compensation differs for each personal injury case.
FAQs About Jaywalking Laws in California
Is jaywalking illegal federally?
Jaywalking is not federally prohibited. Penalties and the legislation for jaywalking can differ in each state or city.
Is jaywalking illegal in California?
Jaywalking is punishable by an infraction in California. A citation for jaywalking results in a fine, which is paid or challenged.
Do jaywalking laws differ in residential and non-residential areas?
Jaywalking laws do not differ in residential and non-residential areas. Laws remain in the ordinance of the state.
Can a jaywalking pedestrian file a lawsuit when hit?
A pedestrian who has been hit while jaywalking may file a lawsuit against the driver. California’s comparative negligence laws may lead to the plaintiff receiving part to none of the damages awarded. The plaintiff may also receive compensatory damages for economic or emotional compensation.
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