If You Hit a Jaywalker in California, Who Is at Fault?
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This page was written and reviewed by Michael J. Cefali, Esq. Attorney Cefali is a founding partner of Cefali & Cefali, APC, based in San Juan Capistrano, CA. He holds a Juris Doctor from Chapman University Fowler School of Law and a B.A. in Global Studies & Maritime Affairs from the California Maritime Academy. Widely recognized for his advocacy in personal injury law, he has secured multi-hundred-thousand-dollar settlements in motorcycle accidents, hit-and-runs, and red-light collision cases. He maintains a perfect 10.0 “Superb” rating on Avvo.
Beyond his legal practice, Mr. Cefali actively supports his community through the Rotary Club of San Juan Capistrano, contributes to housing and meal programs for those in need, and enjoys fishing and spending time with his rescue dogs.
The date below reflects when this page was last reviewed for accuracy. Please see our Editorial Guidelines.
If You Hit a Jaywalker in California, Who Is at Fault?
If you hit a pedestrian who was jaywalking in California, fault is usually shared rather than automatically the pedestrian's. Even when a pedestrian crosses outside a crosswalk, the driver still owes a duty of due care, and a driver who was speeding, distracted, or impaired can be found largely at fault. This guide explains how California decides fault when a driver hits a jaywalker, what the law actually requires of each side, and what it means for an injury claim. It is general legal information; for advice about a specific crash, speak with a car accident attorney.
If you hit a jaywalker in California, who is at fault?
It depends on the facts, and fault is usually shared. A pedestrian crossing outside a crosswalk is required to yield to traffic, so they often carry some of the blame. But California law does not make the pedestrian automatically at fault. A driver still has a legal duty to use reasonable care to avoid hitting anyone on the road, so if the driver was speeding, texting, drunk, or otherwise careless, the driver can be found partly or even mostly at fault.
In short: jaywalking does not give the driver a free pass, and it does not automatically bar the pedestrian from recovering. California divides fault by percentage based on what each person did.
Does the driver still owe a duty of care to a jaywalker?
Yes. This is the part most people get wrong. Under California Vehicle Code section 21954, a pedestrian crossing outside a crosswalk must yield the right of way to vehicles close enough to be an immediate hazard. But that same statute, in subsection (b), says the rule does not relieve the driver of the duty to exercise due care for the safety of any pedestrian on the roadway.
In plain terms, a driver cannot simply run into a jaywalking pedestrian and blame the pedestrian. If the driver had time and space to react safely and failed to, because they were speeding, looking at a phone, or impaired, the driver can be held liable for the harm they caused, even though the pedestrian was crossing mid-block.
How does California divide fault in a jaywalking accident?
California uses pure comparative negligence. A jury or insurer assigns each side a percentage of fault, and any money the pedestrian recovers is reduced by their share. There is no cutoff, so an injured pedestrian can recover something even if they were mostly at fault.
A simple example shows how it works. Suppose a pedestrian crosses mid-block and is hit by a driver who was texting. A jury finds the pedestrian 25 percent at fault for crossing outside a crosswalk and the driver 75 percent at fault for not watching the road. If the pedestrian's damages are $20,000, the recovery is reduced by 25 percent to $15,000. The driver (through their insurer) pays their 75 percent share.
Did the Freedom to Walk Act change who is at fault?
Not for civil fault. California's Freedom to Walk Act (AB 2147), effective January 1, 2023, stopped police from ticketing pedestrians for crossing outside a crosswalk unless there is an immediate danger of collision. But it is often misunderstood. The Act did three things it is important to be clear about:
It did not give pedestrians the right of way outside a crosswalk. The duty to yield to close traffic under CVC 21954 still applies.
It did not change California's pure comparative negligence rules. A pedestrian who crosses unsafely can still be assigned a share of fault.
It did not remove liability from a driver who was speeding, distracted, or impaired.
The practical effect is narrower than the headlines suggest: the absence of a jaywalking ticket simply removes one piece of evidence an insurer used to use against a pedestrian. For a fuller explanation of the crosswalk and right-of-way rules, see our guide on California pedestrian right-of-way law.
What raises or lowers the driver's share of fault?
Because fault is decided on the specific facts, certain circumstances tend to shift the percentages. A driver's share of fault usually goes up when:
The driver was speeding, distracted (texting or on the phone), or impaired
The driver had a clear view and enough time to stop or slow down
The pedestrian was already well into the roadway and visible
It was daylight or the area was well lit
The pedestrian's share of fault tends to go up when they suddenly darted out from between parked cars, stepped off the curb into a vehicle that was too close to stop, crossed against a signal, or were themselves distracted. The final split comes down to what a careful driver and a careful pedestrian each would have done.
What should you do after hitting a pedestrian in California?
No matter who was at fault, California law requires you to stop. Under Vehicle Code section 20001, a driver who hits a pedestrian must stop, provide reasonable aid, and exchange information; leaving the scene is a serious crime. Call 911 so the injured person gets medical help and an official report is created, do not admit fault at the scene, photograph the location, and get witness contact information. If you are contacted by an insurer or you were injured yourself, it is worth speaking with an attorney before giving a recorded statement.
Talk to a California Car Accident Attorney
Fault in a pedestrian crash is rarely all-or-nothing, and how the percentages are assigned can decide a case. Whether you were the driver or the injured pedestrian, an attorney can evaluate the facts, gather the evidence, and make sure fault is allocated fairly. Cefali & Cefali handles pedestrian and vehicle collision claims across California. To learn more, see our Orange County personal injury page, or call (949) 325-7790 for a free, no-pressure consultation.
Michael Cefali is a dedicated accident attorney based in San Juan Capistrano, California, committed to securing justice and fair compensation for accident victims.
A graduate of Newport Harbor High School, he went on to earn his Bachelor’s degree in Global Studies and Maritime Affairs from the California Maritime Academy, followed by his Juris Doctor from Chapman University School of Law.
Deeply invested in his community, Michael is an active member of the Rotary Club of San Juan Capistrano, contributing to efforts that provide meals, housing, and support to those in need. Outside of his legal work and volunteer service, he enjoys fishing in Dana Point and spending time with his three rescue dogs—a Chihuahua, a Spaniel mix, and a Shepherd mix.
Driven by his strong belief in justice and fairness, Michael remains steadfast in advocating for individuals harmed by the negligence or inaction of others.
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