You’re crossing the street when there’s no crosswalk in sight—and suddenly, a car hits you. As you lie in pain, a troubling question lingers: “Did I just lose the right to seek compensation because I was jaywalking?” If you’re in California, the answer might surprise you.
Thanks to the state’s comparative negligence laws and recent legal reforms, pedestrian accident claims are not always dismissed because of partial fault. Even jaywalkers may be entitled to recover damages.
Here’s what you need to know about jaywalking in California—and why it’s important not to assume you’re out of options.
Does Jaywalking Cancel Out Your Right to File a Claim?
Not necessarily. California follows a comparative negligence rule, which means fault can be shared between parties. Even if you were partly to blame—crossing mid-block instead of at a marked crosswalk—you may still recover damages, though your compensation might be reduced.
For example, if you were found 30% at fault and the driver 70%, you could still receive 70% of the damages you incurred, including medical expenses, lost wages, and pain and suffering.
What Is Assembly Bill No. 1238, and Why Does It Matter?
In 2022, California passed AB 1238 to decriminalize jaywalking when done safely. Here’s how this affects you:
- Jaywalking is no longer a punishable offense if no immediate hazard is present.
- The law recognizes that crossing the street safely without waiting for a crosswalk shouldn’t be grounds for citation or dismissal of your claim.
- This change is in effect until January 1, 2029, making now a pivotal time to understand your rights.
If you were hit while jaywalking and no cars were in immediate danger of collision, your actions might not count against you at all in a legal setting.
Key Legal Protections for Jaywalkers in California
Rule | What It Means for Pedestrians |
Jaywalking not penalized | You can cross the street without getting fined if no cars are nearby. |
Local bans on jaywalking paused | Cities can’t enforce their jaywalking bans during this period. |
“Immediate hazard” redefined | You’re only at fault if a driver couldn’t reasonably stop in time. |
Crossing outside crosswalks is allowed | You can cross mid-block in many areas if it’s safe. |
Annual crash reports are required | The CHP must track and report pedestrian injuries and deaths each year. |
Pedestrian Risks in Busy Urban Areas
According to the California Office of Traffic Safety, the state has significantly more pedestrian deaths than the rest of the country, nearly 25% higher than the national average. This troubling statistic highlights how dangerous it can be to walk in high-traffic areas, even when you’re careful.
If the pedestrian accident happened near a popular San Pedro landmark like Point Fermin Park or Ports O’ Call Village, know that your local context matters, especially when proving shared fault or highlighting unsafe road design.
What Should You Do After a Jaywalking Accident?
Here are the top 5 steps to take if you’ve been injured while jaywalking:
- Call 911 and get medical attention immediately.
- Request a police report even if you feel partially at fault.
- Take photos of the scene, your injuries, and surrounding signage or traffic signals.
- Avoid speaking to the driver’s insurance company without legal guidance.
- Contact a pedestrian accident lawyer in San Pedro for a case evaluation.
What Damages Can You Still Recover?
If you were injured while jaywalking in California, you may be eligible to receive compensation for:
- Medical bills (emergency care, surgery, rehab)
- Loss of income and future Lost Wages
- Property damage (such as a damaged phone or personal items)
- Future treatment for brain and spinal cord injury
- Pain and suffering
- In tragic cases, wrongful death compensation is available to family members.
Why Insurance Companies Use Shared Fault Against You
Insurance companies often try to minimize payouts by claiming the pedestrian was at fault. This tactic is especially common in auto, motorcycle, or truck accidents involving jaywalkers.
However, a pedestrian accident lawyer in San Pedro can counter these strategies by presenting strong evidence, such as:
- Traffic cam footage
- Police reports
- Medical records
- Eyewitness testimony
- Cross-referencing the accident timeline with local ordinances or AB 1238 protections
FAQs: Pedestrian Accident Claims
Yes, under California’s comparative negligence law and AB 1238, you may still be eligible.
Possibly. Your settlement may be reduced based on your percentage of fault, but it doesn’t eliminate your right to file.
Video footage, scene photos, and medical records can help support your claim.
You typically have 2 years from the date of injury to file a personal injury claim.
Going through a claim alone can lead to mistakes or missed opportunities for full compensation. An experienced injury lawyer near you understands the legal process and can build a stronger case to help you recover the maximum amount you’re entitled to.
Claim What You Deserve After a Pedestrian Accident
Just because you were jaywalking in California doesn’t mean you’re out of legal options. California law—including AB 1238—recognizes that pedestrians deserve protection, especially when acting with reasonable care. With the right legal team, you may still recover damages for your injury case, even in shared fault situations.
At Farahi Law Firm, our award-winning personal injury attorneys in San Pedro are here to guide you every step of the way. We’ve helped countless California victims secure compensation for car accidents and pedestrian accident claims—even when the odds seemed against them.
Call now for a free case evaluation. Speak with our pedestrian accident lawyer in San Pedro today.
