Maison Law Accident & Injury Lawyers of Modesto support pedestrians injured while jaywalking in Modesto. Despite popular belief, if you are hit by a car while jaywalking, you still reserve the right to sue for compensation.
Contact Maison Law Accident & Injury Lawyers of Modesto for a free consultation and see what legal options are available.
What is Jaywalking?
In California, jaywalking is not a legally defined offense within California’s written statutes. It is mostly a common term used to describe ways pedestrians cross the street that may be against the law. Jaywalking is often considered:
- Crossing the street when there is no crosswalk
- Crossing the street outside of a crosswalk
- Crossing the street where there isn’t an intersection
- Ignoring traffic signs instructing pedestrians not to cross
- Ignoring street lights that say “Don’t Walk”
Jaywalking in California, however, is still illegal. But as of 2023, police are no longer permitted to stop pedestrians and issue citations for jaywalking unless the person jaywalking is creating a hazard, according to Pacific Coast Business Times.
When are Police Officers Allowed to Stop Pedestrians?
California Law gives police officers the right to temporarily detain you if they have reasonable suspicion to believe you’ve done something wrong. Reasonable suspicion is based on directly observable evidence that shows you may be involved in misdemeanor or felony criminal activity. Even if the officer does not have an arrest warrant, they can stop based on reasonable suspicion alone.
Even though police officers can stop you, they are NOT allowed to restrain or cuff you. They can, however, block your path and instruct you to remain where you are. They are even allowed to “stop and frisk” you. This type of procedure is known as the “Terry stop,” named for the 1968 Supreme Court case Terry v. Ohio. The Supreme Court ruled that a temporary detention based on reasonable suspicions is constitutional under the Fourth Amendment.
If you are stopped by an officer for reasonable suspicion, it is important to remember the officer must present evidence as to what gave them reasonable suspicion in court.
Pedestrian’s Rights When Crossing the Street
According to Vehicle Code 21950, all drivers in California are required to yield to pedestrians crossing a roadway within any marked or unmarked crosswalk. With the population of Modesto growing every year, according to World Population Review, busy intersections are an especially dangerous place for pedestrians. Specific sections of the California Vehicle Code cover pedestrians’ rights on the road:
“The driver of a vehicle shall yield the right-of-way to a pedestrian crossing the roadway within any marked crosswalk or within any unmarked crosswalk at an intersection, except as otherwise provided in this chapter.”
What are the Right-of-Way Rules for a Crosswalk in California
The term “pedestrian” applies not only to people walking across the street but to people on skates and skateboards. Generally, pedestrians have the right-of-way at all crosswalks. Crosswalks in California are typically marked with white lines and reflectors. Some cities even require flashing lights to illuminate the crosswalk. According to California Vehicle Code Section 21950, drivers must adhere to the following rules when approaching a crosswalk:
- All drivers must reduce their speeds or stop, if necessary, to yield to pedestrians within the crosswalk.
- A driver must stop before the line, not in the middle of the crosswalk.
- A driver must stop if a pedestrian is in his or her half of the lane or approaching quickly enough to be in the direct path of the vehicle.
- Drivers are not permitted to pass stopped vehicles while they’re allowing pedestrians to cross at a crosswalk.
However, a pedestrian should not step off the curb if it is unsafe. Just as drivers owe a “duty of care” to pedestrians, pedestrians are also required to avoid putting drivers in unsafe situations.
Notable Pedestrian Laws in Modesto
If you attempt to cross the street without a crosswalk, or outside of an intersection, you can still cross the street according to California Vehicle Code 21954 (a). This statute states:
“Every pedestrian upon a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway so near as to constitute an immediate hazard.”
Other notable pedestrian laws include:
- Pedestrians lose right-of-way at crosswalks whenever traffic lights or law enforcement officers indicate for them to remain on the curb.
- Pedestrians are not permitted in bike lanes when a walking path is available.
- Jaywalking is not illegal in California if it is done safely and with no oncoming traffic.
- Pedestrians with impaired vision that require a can or a guide dog have the right-of-way at all intersections
Contact a Pedestrian Accident Lawyer in California
If you or a loved one has been involved in a pedestrian accident while jaywalking, Maison Law Accident & Injury Lawyers of Modesto can help you get the compensation you need. We understand the enormous medical costs associated with pedestrian accidents. That’s why our firm aggressively pursues a fair settlement to match the full extent of your damages.
Contact Maison Law Accident & Injury Lawyers of Modesto today for a free consultation and case evaluation. There is no charge for our services and you will not be charged a cent until we’ve won your case.