Can You Sue if You Were Jaywalking and Got Hit by a Car in California?

Yes, jaywalkers hit by a car while crossing a street or intersection can still recover damages in California. Victims of a jaywalking accident often feel guilty and assume they have no right to file a claim or pursue a personal injury case. That assumption is wrong. On January 1, 2023, AB 2147, the Freedom to Walk Act, took effect in California. This law allows pedestrians to legally cross streets outside designated crosswalks or against a "Don't Walk" signal, as long as traffic conditions permit and it is reasonably safe to do so.

The law reinforces that pedestrians have the right to cross streets wherever they deem safe, provided a "reasonably careful person [driver]" would have had time to recognize the pedestrian and stop. As a result, you can sue a driver who hit you while crossing a street or intersection, even if you were outside a crosswalk or a "Don't Walk" sign was activated. Depending on the circumstances, you may still be entitled to compensation under California's comparative negligence rules.

If you were jaywalking and were hit by a car, contact a pedestrian accident lawyer immediately. Jaywalking will reduce your total damages recovered, based on your assigned percentage of fault (more on that below), but you may still be entitled to significant compensation. Without an experienced attorney, you risk a ruling that holds you responsible for far more than you should be.

California Decriminalized Jaywalking: What That Means for Your Case

California's Assembly Bill 2147, the Freedom to Walk Act, was signed into law in September 2022 and took effect on January 1, 2023. AB 2147 supersedes the previous jaywalking standard set by California Vehicle Code section 21955. Under the current law, jaywalking is not illegal, and a jaywalker cannot be cited for a traffic violation, as long as there is no immediate danger of a collision.

If you are jaywalking and hit by a car, your case will be evaluated to determine what percentage of negligence belongs to you and what percentage belongs to the driver who hit you. This is why retaining a personal injury lawyer is essential. Without one, drivers and insurance adjusters will still try to use "they weren't in a crosswalk" to deny claims. Your attorney can push back on that argument and gather the evidence needed to support your case.

Pure Comparative Negligence: How California Splits the Blame

California applies a percentage-based comparative negligence standard when determining the outcome of a personal injury case. This standard was set in 1975 by the California Supreme Court in Li v. Yellow Cab Co. Before that decision, juries decided which party was "at fault," and that party was considered 100% responsible for the accident. In Li v. Yellow Cab Co., the court held that in many cases both parties share blame, and that damages should be split between them based on each party's percentage of fault.

When a jury finds both sides comparatively negligent, it assigns a percentage of fault to the plaintiff, and the remainder to the defendant.

For example, say you, the plaintiff, were jaywalking while a "Don't Walk" sign was flashing. Surveillance footage shows the driver was speeding and using a cell phone at the time. A jury might assign you 70% of the fault for ignoring the traffic signal, and the driver the remaining 30%. In that case, you would be awarded 30% of your total damages.

If your damages totaled $100,000, you would still receive $30,000 in compensation.

California's comparative negligence rule produces more favorable outcomes for injured pedestrians than the rules in many other states.

Who Pays When a Jaywalking Pedestrian Gets Hurt?

Drivers and jaywalkers are not the only parties who can be found comparatively at fault in a jaywalking accident. Here is a rundown of who may be liable after a jaywalking accident:

• The driver. If you pursue a personal injury case as the victim of a jaywalking pedestrian accident in California, the driver is usually the primary defendant. Your personal injury lawyer will review the evidence for signs of speeding, distracted driving, impairment, or other reasons the driver failed to see a visible pedestrian, especially on a regularly traveled route.
• The driver's employer. California law recognizes a doctrine called respondeat superior, which holds employers liable for their employees' negligent acts committed while on the job. This principle may apply to your case, potentially lowering your assigned percentage of fault and increasing your potential compensation.
• A government agency. Factors outside the driver's control, such as malfunctioning traffic lights, inadequate drainage that leads to flooding, potholes, or missing crosswalk signage, can contribute to an accident. In these cases, a government agency, such as the local municipality, may share liability. Keep in mind that if a government agency shares comparative negligence, Government Code section 911.2 requires a claim to be filed within six months of the accident, rather than the standard two-year personal injury statute of limitations. If there is any chance a government agency is involved, your case needs to be filed, and investigated, as soon as possible.
• AC Transit or another transit agency. Public transit drivers are held to a higher standard of care than the average driver. However, AC Transit is a public agency, which means the six-month Government Claims Act deadline applies to accidents involving its drivers. AC Transit cases require different procedural handling, so working with an experienced bus accident attorney is essential if you were involved in a jaywalking accident with a transit vehicle.

What Reduces Your Recovery (And How to Protect It)

These are the most common factors that can raise a pedestrian's assigned percentage of fault, and reduce the damages recovered:

• Crossing mid-block at night.
• Wearing dark clothing.
• Crossing against the flow of traffic.
• Crossing against a signal (the "Don't Walk" sign is flashing, but you cross anyway).
• Being on your phone (talking or looking at the screen).

These factors may raise your percentage of fault, but they do not bar recovery. Every bit of recovery counts toward medical bills, lost wages, and other damages. There are also factors that work in your favor and can support a lower fault percentage.

These are the most common factors that can strengthen your recovery:

• Surveillance footage from nearby businesses or intersection cameras (this footage may only be retained for a limited time, so your attorney should request it as soon as possible).
• Witness statements.
• The driver's cell phone records.
• Dash cam footage from the driver or bystanders.
• Photos of road conditions at the scene.

This evidence disappears quickly. Document everything as soon as possible, including photos of the scene, your clothing, your injuries, and the names and contact information of any witnesses.

Attorney representation matters because insurance adjusters are trained to push fault percentages as high as possible for jaywalking pedestrians. Your attorney will work to keep your assigned percentage of fault as low as the facts allow.

Oakland's High Injury Network and Why These Accidents Keep Happening

Oakland has several particularly dangerous streets and intersections that are part of a citywide "high injury network." Oakland's Vision Zero data shows that 75% of severe pedestrian accidents happen on just 15% of the city's streets. The program uses this data to identify the highest-risk traffic corridors and set goals for eliminating traffic deaths.

Streets identified as part of Oakland's high injury network include:

• International Blvd. at Fruitvale Ave.
• MacArthur Blvd. at 35th Ave.
• Downtown and Chinatown intersections, particularly Webster and 7th, and Webster and 8th.

A notable number of the cases handled by Monica Burneikis's Oakland law firm involve pedestrian jaywalking accidents on these and other streets in the high injury network.

Frequently Asked Questions (FAQs)

Can I sue if I was jaywalking when I got hit?

Yes. You can and should pursue a claim if you were jaywalking when you were hit on an Oakland or East Bay street. Do not let the driver's insurance adjuster convince you otherwise. Have a personal injury lawyer review your case immediately.

Pedestrians retain the right to recover damages even when they share part of the fault. An attorney can evaluate whether the driver also shares comparative negligence, and if so, what percentage of your total damages you are entitled to recover.

Is jaywalking still illegal in California?

No. Jaywalking is not illegal in California. This changed in 2023, when AB 2147, the Freedom to Walk Act, superseded the state's previous jaywalking regulations. Crossing outside a marked crosswalk is no longer a criminal infraction unless the pedestrian crossed when a vehicle posed an immediate danger of a collision. Police retain discretion in genuinely dangerous situations, but routine mid-block crossing is decriminalized. Insurance adjusters sometimes argue otherwise, but current California law protects you.

What if the driver says I came out of nowhere?

That is not for the driver, the police, or an insurance adjuster to decide. Many drivers assume jaywalkers are 100% at fault because they do not understand California's comparative negligence rules. Your attorney will gather all available evidence, including surveillance footage from multiple angles, which often tells a different story than the driver's account.

In many cases, that evidence shows the driver was fully or partially at fault, particularly if they were distracted, on a cell phone, speeding, or otherwise failed to exercise reasonable care.

What if I was on my phone when I crossed?

Phone use can raise your assigned percentage of fault, but it does not eliminate your right to recover damages. If the driver was also distracted or otherwise at fault, or if a government agency's negligence contributed to the accident, you may still be awarded your share of the damages.

An attorney should review your case and all available evidence before you accept or decline any settlement offer.

How long do I have to file a pedestrian claim in California?

The legal deadline to file a case is called the statute of limitations. Under California Code of Civil Procedure section 335.1, the standard statute of limitations for personal injury cases in California is two years. There is an important exception: if the case involves a government agency or public transit company, such as malfunctioning traffic lights, hazardous road conditions, or an accident involving a city bus or municipal maintenance vehicle, the deadline to file a claim is six months.

Evidence in your favor disappears quickly, especially camera footage and witness testimony, so time is of the essence regardless of which deadline applies.

We advise pedestrians involved in Oakland jaywalking accidents to treat every case as though a government agency may be involved, because you will not know for certain until an attorney has reviewed the evidence. Consult with an attorney immediately to make sure your claim is filed well within the applicable deadline.

Hurt While Crossing? Get a Free Case Evaluation

Jaywalking pedestrians in California are not automatically considered fully at fault and are not barred from recovering damages in a settlement or lawsuit.

At Burneikis Law, personal injury attorney Monica Burneikis handles every pedestrian case personally. Your case will not be handed off to paralegals or associates. Burneikis Law offers multilingual support, accepts calls 24 hours a day at (510) 328-3238, and provides a free case evaluation.

If you or someone you care about was injured while jaywalking, whether outside a designated crosswalk or during a "Don't Walk" signal, you are not necessarily at fault. You are entitled to a free case evaluation with an experienced attorney. This initial conversation costs nothing and can be the first step toward the support, protection, and compensation you deserve.