Can I Be at Fault if I Was Hit By a Car While Jaywalking?

 Posted on October 15, 2026 in Personal Injury

Crossing a busy Los Angeles street outside a crosswalk puts you at risk of being hit by a car. If a driver strikes you, crossing in the wrong place can impact your claim, but it doesn’t mean you cannot seek compensation.

You can share fault for a jaywalking accident, but crossing outside a crosswalk does not automatically make you responsible. If you were injured crossing the street in 2026, a Glendale, CA pedestrian accident attorney will investigate what happened and explain your legal options.

Is Jaywalking Illegal in California?

California still has laws against certain types of jaywalking. However, the Freedom to Walk Act, which took effect on January 1, 2023, changed when police can stop pedestrians for crossing outside a crosswalk.

Under California Vehicle Code Section 21955, pedestrians must use a crosswalk when crossing between adjacent intersections controlled by traffic signals or police officers. Police can only stop someone for breaking this rule when a reasonably careful person would see an immediate danger of a collision.

The law does not give pedestrians the right to enter traffic without looking. Someone crossing outside a crosswalk must still follow California's rules for yielding to approaching vehicles.

When Is a Pedestrian at Fault for Jaywalking in California?

A pedestrian may share fault when they cross the street without yielding to an approaching vehicle that poses an immediate danger, and that failure contributes to the accident. Under California Vehicle Code Section 21954, pedestrians crossing outside a crosswalk must yield to vehicles that are close enough to pose an immediate danger.

For example, a pedestrian who steps out from between parked cars without checking for traffic could share responsibility for a collision. The same applies to someone who tries to cross a busy road without giving approaching drivers enough time to stop.

Can a California Driver Be Responsible for Hitting Someone Who Was Jaywalking?

Drivers must use reasonable care to avoid hitting pedestrians, including people crossing outside a crosswalk. A driver who is speeding or distracted could be responsible for a collision regardless of whether the pedestrian was jaywalking.

Suppose a pedestrian is already halfway across a street when an approaching driver looks down at a phone and fails to brake. The driver could be held responsible for failing to watch the road, even though the pedestrian did not use a crosswalk.

What Compensation Can You Recover After a Jaywalking Accident in California?

If you were hit by a car while jaywalking, you can seek compensation for the injuries and losses caused by the accident. Depending on your injuries, compensation could include:

• Medical bills
• Lost wages
• Future medical expenses for ongoing treatment
• Pain and suffering caused by the accident

Be aware that California follows a rule called pure comparative negligence, which means your compensation is reduced by your share of fault. For example, if you have $100,000 in damages and are found 30 percent responsible for the accident, you could recover $70,000. Sharing fault does not prevent you from seeking compensation, but it affects how much you receive.

What if the Driver's Insurance Company Blames You for the Accident?

The driver's insurance company might argue that you caused the accident because you were jaywalking. It might also offer you less money by claiming you were mostly at fault.

Before accepting an offer, it's important to understand how the accident happened. For example, the driver might claim you stepped into traffic without warning, but a witness could have seen the driver looking at their phone before the crash.

You do not have to accept the insurance company's version of events. An attorney will review the accident and help you challenge an unfair settlement offer.

How Long Do You Have to File a Pedestrian Accident Lawsuit in California?

Under California law, the usual deadline to file a personal injury lawsuit is two years from the date of the injury. Some claims have shorter deadlines, especially when a government entity is involved. Seeking legal advice soon after the accident gives you time to identify the correct deadline and pursue your claim.

Contact a Glendale, CA Pedestrian Accident Lawyer

Being hit by a car while jaywalking could leave you with serious injuries and questions about who was responsible for the accident. At Tahmazian Law Firm, P.C., we’ll help you navigate your claim and understand your options for seeking compensation.

For a free consultation, contact our LA County, CA personal injury attorneys or call 818-242-8201.