In most Traffic violations, the driver is almost always at fault. However, there is one thing that many pedestrians do every day that can cause accidents, and that’s Jaywalking.

Jaywalking has been around since the advent of vehicles, and to some people, it doesn’t feel like that big a deal.

We were all taught street safety at a young age, but as we get older, they tend to feel like suggestions. Regardless of how you view jaywalking, it is illegal and dangerous for you and other drivers.

So, what is jaywalking, and why is it illegal? Read on to discover more about jaywalking laws and pedestrian safety.

What is Jaywalking?

Jaywalking is when a pedestrian crosses a street outside of a crosswalk. It’s also when a pedestrian ignores traffic signals on a signalized crosswalk.

Pedestrians have right of way at intersections and marked crosswalks. However, that does not mean they are above traffic rules and regulations. Even if there is no oncoming traffic, a pedestrian must wait for the walk signal for their safety.

The exact origin of the term jaywalking is unknown. Most experts believe the term first came to light in 1917 when automobiles became more popular in cities. The word “jay” was a slang word for “hick” or “idiot.”

In kinder words, it refers to people who are inexperienced in the practices of the city. A jaywalker is an individual who doesn’t understand traffic signals and when and where they couldn’t or shouldn’t walk.

Why Jaywalking is Illegal?

Jaywalking is illegal in most cities and states, but the laws surrounding them may vary. Local jurisdictions may have stricter jaywalking laws than some states.

Regardless, there’s a good reason for the implementation of jaywalking laws. Jaywalking can catch drivers off-guard and interfere with traffic flow. Jaywalking is also a huge cause of pedestrian accidents.

Drivers know not to speed through a crosswalk. However, if an individual jaywalks on a road without a marked crosswalk, the driver may not have enough time to respond.

Dangers of Jaywalking

Jaywalking happens on a daily basis, and most of us have come away unscathed. Still, if something goes wrong, you will only have yourself to blame. Here are some jaywalking dangers that most people ignore.

Vehicular Accident

As mentioned, pedestrians have the right of way but must adhere to traffic signals. If an individual decides to forgo traffic signals or marked crosswalks, they are putting themselves in danger. If you are jaywalking with a child, you are also putting them in danger.

Drivers and motorists sometimes do not have enough time to react when a pedestrian unexpectedly crosses the street. This often results in pedestrian injuries and, in extreme cases, death.

1.3 million people die every year due to traffic accidents. Drivers are also at risk when a pedestrian jaywalks. If a car swerves into the opposite side of traffic to avoid a pedestrian, it could crash with another vehicle.

Injuries sustained from a car accident are also devastating. Depending on where you live, the medical bills can cost an arm and a leg. Even if you could get compensation for your injuries, it will take a long time to recover and resume your normal life.

Leading a Bad Example for Kids

Children will always look to adults for guidance. Even if a child is not related to you in any way, they may try to follow your example. Jaywalking can teach kids that it’s okay to cross the road even if it’s not on a crosswalk.

However, kids lack the calculation needed to determine if it’s safe to cross. If a child attempts it on their own, there’s no knowing how much more dangerous it will be for them.

Why People Jaywalk?

Everyone knows that jaywalking is wrong, but people do it anyway. If there’s no traffic and it’s a free road, what’s the harm in crossing the street? Here are some of the most common reasons why people jaywalk.

They’re in a Hurry

People rushing for work or a meet-up will try to take the shortest routes possible. Sometimes, that means skipping the crosswalk and going through the middle of traffic. However, jaywalking can only save you up to 20 seconds at most.

That small amount of time you save is not worth the risk of injury.

The Nearest Crosswalk is Too Far

Many pedestrians jaywalk when there’s no crosswalk available. At times, the nearest marked crosswalk is too far from where you need to go. Of course, you can blame it on poor urban planning, but that doesn’t eliminate the fact that jaywalking is dangerous and illegal.

Distracted Walking

Americans check their phones every four minutes on average. That’s over 344 times in a single day. In such a fast-paced world, we can’t help but check our emails and messages when going to the bathroom or walking.

Unfortunately, this is one of the leading causes of jaywalking and, subsequently, accidents. Pedestrians who are too focused on their mobile devices pay less attention to their surroundings.

They’re New to the Area

Jaywalking is common among tourists and new residents in an area. As mentioned, traffic laws may vary between cities and states. This means that they may not be familiar with marked crosswalks or even unspoken rules between long-time residents in that area.

Consequences of Jaywalking

Jaywalking is illegal, but it’s hard to imagine getting jail time for it. After all, it’s not a big deal if no one gets hurt, right? Have you ever heard of anyone going to jail for crossing the street?

However, there are real legal consequences of jaywalking. Jaywalking is either seen as a misdemeanor or an infraction, depending on the jurisdiction. Fines for jaywalking can rack up to $1000, especially for repeated offenses.

If you’re lucky, the police will give you a warning and tell you to go about your day. Pedestrians are more likely to get cited if they put others in danger. For example, if you run in the middle of traffic with a child, you may get charged with reckless endangerment.

A police officer may also charge you with disturbing the peace or disorderly conduct if you disrupt the traffic flow.

Racial Bias in Jaywalking

There are equal amounts of people who jaywalk between all ethnicities. Yet 90% of pedestrians who get charged with jaywalking are people of color. Unfortunately, law enforcement often uses jaywalking as a pretext for alleged suspicion.

Because of this, many people are fighting to abolish jaywalking laws. Aside from disproportionate policing, fining people has also not proved to be effective in improving safety. Some may argue that the concept of jaywalking causes aggression between drivers and pedestrians.

Decriminalizing Jaywalking in California

On January 1, 2023, California introduced a new law that decriminalizes jaywalking. This is also known as the “Freedom to Walk Act,” signed by Gov. Gavin Newsom. Under this law, pedestrians may cross roads without marked crosswalks as long as they deem it safe.

The new law also states that jaywalkers will be ticketed only if they put themselves or others in immediate danger.

Can Jaywalkers File a Claim After Injury?

Jaywalking pedestrians can file lawsuits against drivers in case of injury. However, these lawsuits are subject to negligence laws in some states. If part of the fault falls on you, it can reduce a driver’s liability.

Comparative Negligence

Comparative negligence laws vary between states. Under this law, the amount of money you can recover for your injuries will depend on your level of fault. Modified comparative negligence has a certain threshold for the plaintiff’s level of fault.

In most states, this threshold does not exceed 50%. If you are even .1% more at fault, you will recover nothing from your injuries. The recovery amount will be reduced if you’re 50% at fault or less.

In pure comparative negligence, there is no threshold. If you’re not 100% at fault for your injuries, you will be able to recover some amount.

Contributory Negligence

Contributory negligence laws tend to be less forgiving. Any amount of fault on the pedestrian’s part, no matter how small, will bar them from financial recovery. The law applies only in Alabama, Washington D.C., Maryland, Virginia, and North Carolina.

How Do Courts Determine Fault?

Fault percentages are crucial if you want to recover damages from an accident. But how does the court come up with these numbers?

Pedestrian accidents are similarly treated as vehicle-on-vehicle collisions. All parties involved must file a police report and exchange information.

Both parties may take pictures of the scene, including significant images that could help your case. Parties concerned can talk to witnesses and ask them to provide a statement. This information allows the court to look at all the facts.

Another vital thing that judges and juries examine is which party exercised due care and which didn’t. Even if a pedestrian had the right of way, they could still be at fault if they were distracted or were not paying attention to their surroundings.

Can You Go to Jail for Hitting a Jaywalker?

Drivers can incur criminal charges if they violate another law. A hit-and-run is a felony. So, even if the pedestrian was a jaywalker, it could still result in a prison sentence.

Driving recklessly can also result in criminal charges. If someone passes due to speeding or driving under the influence, a driver can get charged with vehicular manslaughter.

DUIs, DWIs, and OUIs often have higher fines. Drivers can also lose their licenses.

Should I Get a Lawyer for a Jaywalking Ticket?

It may seem overboard to hire an attorney for something as small as jaywalking. However, these minor offenses can snowball into bigger problems if you don’t know how to handle them. Pedestrians can get arrested if they neglect to pay their fine for jaywalking.

In any legal situation, it’s always best to have a lawyer by your side. Attorneys can help negotiate a plea agreement and get the most favorable outcome.

How to Prevent Jaywalking?

Everyone should be able to cross a road without worrying about costly fines, jail time, or their safety. At the same time, jaywalking laws exist to protect people and the flow of traffic. Unfortunately, enforcement of such laws is so lax in some states that people wonder if jaywalking is even a crime.

So, how do we prevent jaywalking once and for all?

1. Install Crosswalks and Signs

Installing more crosswalks where they do not yet exist can improve pedestrian safety. This can help in busy cities, especially at crossings and intersections with tons of foot traffic. Installing crosswalk signs gives clear vision to both pedestrians and drivers so they know when and when not to move forward.

In addition, it helps to paint over existing crosswalks that may have faded over the years. This increases visibility for both drivers and pedestrians.

2. Install Crossing Signals

Cities can improve pedestrian safety by supplementing traffic lights with crossing signals. Areas with high foot and vehicle traffic tend to be so congested due to the lack of crossing lights or signs.

This lets pedestrians know when it is safe to cross. It can even improve the flow of traffic as both sides are provided with a visible countdown.

3. Install Speed Bumps

Speed bumps let drivers know to slow down on a particular road. These are popular in areas with high volumes of foot traffic, like parks and schools. However, cities should also start implementing them on busy streets.

4. Educate Drivers and Pedestrians

Raising awareness is the best way to make roads safer for pedestrians and drivers. Everyone must act as an example for others about the importance of traffic safety.

Why Jaywalking is Illegal and Dangerous

What is jaywalking, and is it a crime? Jaywalking is when a pedestrian crosses the street outside of a crosswalk or disregards traffic laws. Though it’s rampant, it’s still dangerous and can risk the lives of both pedestrians and drivers.

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