Posted by Steven M. Sweat on 11/22/12

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Surprisingly, this is not as simple a question to answer as
one might think. There is actually no California Vehicle
Code section which specifically prohibits a pedestrian
crossing a roadway without a crosswalk or between
intersections. In fact, California Vehicle Code section
21961 acknowledges that such a prohibition requires a
"local ordinance" (like a City Code or Municipal Code). In
addition, California Vehicle Code section 21954 requires
pedestrians who cross streets outside of a crosswalk to
yield to vehicles that would present a danger. This section
clearly allows for pedestrians to cross between
intersections and not at crosswalks but, requires them to
use caution, as they should.

However, California Vehicle Code section 21955 does
prohibit pedestrians from crossing, "Between adjacent
intersections controlled by traffic control signal devices
or by police officers" at any place other than a crosswalk.
This section only applies between two intersections that
are controlled by the typical red-yellow-green traffic
lights. In addition, the controlled intersections must be
"adjacent" to each other and not separated by other
intersections not controlled by traffic lights.

The bottom line is that just because a police report claims
that a pedestrian is "at fault" in an auto vs. pedestrian
accident because they were "jaywalking", doesn't mean that
the pedestrian shouldn't seek the advice of a competent
personal injury and accident attorney familiar with the
various code sections that apply to pedestrians. An
attorney can analyze the claim from all perspectives and
employ the use of an accident reconstruction expert, if
necessary to determine if the pedestrian still has a claim.

California is a "comparative negligence" state, which means
that, even if there is some percentage of fault on the
pedestrian, there may still be a claim for negligence on
the part of the driver of the car, truck or motorcycle that
struck the pedestrian. This may entitle the pedestrian to
compensation for medical bills and pain and suffering.

Does the California Vehicle Code Prohibit "Jaywalking"?

Personal Injury Law - California, 11/22/12, by Steven M. Sweat.

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