California may soon relax its stance on jaywalking. A new bill that passed the State Senate this September would allow residents to walk across the state’s streets in non-designated areas. 

According to AB 1238, pedestrians don’t need to be on a crosswalk to legally cross a street. As long as the pedestrian deems it safe to walk mid-block, they won’t have to worry about getting a ticket. 

Those in support of AB 1238 claim it’s a commonsense way to remove the stigma surrounding something that most Californians already do every day. Supporters of eco-friendly transportation are also hopeful AB 1238 will encourage more people to walk rather than relying on gas-emitting vehicles.

Some lawmakers also see AB 1238 as a form of social justice legislation. According to bill advocates, jaywalking laws are often used to over-police minorities. Recent data from the LAPD suggests African Americans received 31 percent of total jaywalking tickets between 2018 – 2020—despite only making up 9 percent of the city’s population. 

Critics of California’s current jaywalking standards argue these laws give police a pretext to hurt communities that already face discrimination. Bill supporters also claim the residents in these areas have poor road safety infrastructure, which often forces them to jaywalk. 

On the flip side, senators not in favor of AB 1238 say it could lead to an increase in pedestrian crashes. Since AB 1238 gives pedestrians more rights, some lawmakers believe it may make them take greater risks. Also, a few senators are worried motorists may not fully understand AB 1238’s changes after it’s passed.

Despite California’s eco-friendly status, it has seen a rise in pedestrian fatalities in recent years. Los Angeles is the state’s epicenter of pedestrian crashes, with roughly 100 deaths every year. Despite LA’s Vision Zero campaign, the city continues to experience higher-than-average pedestrian fatality rates. 

California’s DMV also points out that the number of pedestrian fatalities is 25 percent higher in the Golden State versus the US average. Between 2009 – 2018, at least 7,500 pedestrians passed away on California’s streets. 

To counter these concerns, bill supporters say AB 1238 won’t significantly alter California’s right-of-way laws. Even if pedestrians walk mid-block, they are responsible for looking out for hazardous conditions. Given California’s comparative negligence standards, pedestrians and motorists could share partial blame in the event of a crash.  

Advocates of AB 1238 also believe this new law could significantly change California’s urban infrastructure. Specifically, these lawmakers want city planners to think about pedestrian and cyclist safety rather than cars. 

Despite recent initiatives like Oakland’s Slow Streets, many California cities favor car travel. However, laws like AB 1238 may force city leaders to keep pedestrians in mind when developing infrastructure plans. 

Whether AB 1238 passes or not, motorists should review California’s right-of-way policies to protect everyone on the roads. Most significantly, pedestrians always have the right-of-way at traffic stops, crosswalks, and in school zones. 

Democrat Phil Ting is responsible for drafting AB 1238. Anyone can read the full text of this law on California’s Legislative Information website.