Did you know that jaywalking is now legal in California? How can this affect your child and what does this mean for the legal process in the worst-case scenario that your child experiences an accident?

As a children's personal injury law firm in California, we are always concerned about children's safety, especially regarding pedestrian accidents. With the recent passage of California's Freedom to Walk Act, which decriminalizes jaywalking, it is important to understand how this new law might change pedestrian safety, particularly for children. This post will explain the law, its potential risks for kids, and how parents can ensure their children are still safe while walking in California's busy streets.

What Is the Freedom to Walk Act?

In 2023, California passed a new law, The Freedom to Walk Act,  that allows pedestrians to cross the street outside of marked crosswalks without getting a ticket—if they do so safely and without putting themselves or others in danger. This change is especially helpful in busy cities where crosswalks can be far apart, making it easier for people to get where they need to go.

However, while this law aims to make walking more convenient, it also brings up important safety concerns—especially for children. Young pedestrians may not yet understand traffic rules or how to judge when it's safe to cross. As a result, they could be more likely to step into the street at unsafe times. Even though the law gives pedestrians more freedom, it's crucial for parents, caregivers, and communities to stay alert and teach kids how to stay safe when crossing streets.

Why This Matters for Children's Pedestrian Safety

The reality is that children are already at a higher risk of pedestrian accidents, and changes in laws, such as the Freedom to Walk Act, can create confusion or even increase danger. Here is why this is particularly important for parents to consider:

1. Children Are Less Likely to Look for Traffic: Unlike adults, children may not always be aware of their surroundings when walking, especially in areas without clear signals or crosswalks, naturally increasing the risk of being hit by a car.

2. Rising Number of Pedestrian Accidents: California has unfortunately seen an increase in pedestrian accidents in recent years, and many of those involved children. A law like the Freedom to Walk Act could make it more difficult for children to stay safe if drivers are not expecting them to cross at unmarked or unexpected locations.

3. Increased Responsibility for Drivers: While the law gives pedestrians more freedom, it also places greater responsibility on drivers. In an ideal situation, drivers should always be aware of pedestrians, especially children, who may be crossing the street unexpectedly. However, drivers may not always be vigilant, creating more opportunities for accidents.

What Can Parents Do to Protect Their Children?

As a children's personal injury law firm in California, we want to offer tips for parents to ensure their children stay safe despite the changes brought on by the Freedom to Walk Act:

1. Teach Your Children Safe Walking Habits: Considering the new law, parents must teach their children the importance of crossing at safe locations and looking both ways before crossing any street. Ensure they understand the risks of crossing outside of crosswalks, even if legally it is allowed.

2. Use Pedestrian Safety Features: Always encourage your children to use crosswalks whenever possible. In addition, teach them to cross at well-lit intersections and areas where traffic is likely to be slower. Remind them not to assume that drivers will see them or stop just because they have the right of way.

3. Be Aware of New Risks: Understand that the new law might result in more people, including children, crossing outside of crosswalks. Since this could confuse drivers, always encourage your kids to be extra cautious and stay aware of traffic, especially in areas where pedestrians and vehicles may intersect unexpectedly.

4. Stay Involved in Your Child's Routine: Whenever possible, walk with your children to school, the park, or other destinations. Being present can not only help ensure their safety but also allow you to teach them about good pedestrian behavior.

What to Do If Your Child Is Injured in a Pedestrian Accident

As much as we hope to avoid it, accidents do happen. If your child is involved in a pedestrian accident, acting quickly is crucial. Here are some steps to take:

1. Get Medical Help Immediately: If your child is injured in a pedestrian accident, ensure they receive medical attention at once, even if the injuries seem minor. Some injuries may not be immediately clear, so it is essential to have them assessed by a medical professional.

2. Document the Accident: Gather as much information as possible from the scene, including photos, witness statements, and any relevant details about the accident.

3. Contact a Children's Personal Injury Lawyer: The laws around pedestrian accidents, especially involving children, can be complex. If your child has been injured, speaking with an experienced personal injury lawyer who specializes in cases involving children is crucial. A lawyer can help navigate the legal process and ensure your family gets the compensation you deserve.

While the Freedom to Walk Act aims to make walking in California easier, it is essential to recognize that the safety of children should always come first. Parents must proactively teach their children about pedestrian safety and the potential risks posed by the new law as well as stay vigilant as we drive in our everyday lives.

As a children's personal injury law firm in California, we are committed to helping families whose children have been injured in pedestrian accidents. If your child has been hurt, don't hesitate to contact us for legal guidance and support.

By understanding the implications of this new law and staying vigilant, we can all work together to protect our children while they enjoy the freedom to walk.