Jaywalking: San Jose vs Santa Clara
How do jaywalking rules compare between San Jose, CA and Santa Clara, CA?
San Jose and Santa Clara have similar restriction levels.
San Jose, CA
Santa Clara County
California Assembly Bill 2147, the Freedom to Walk Act, prohibits jaywalking citations unless a reasonably careful person would foresee immediate collision risk, dramatically reducing pedestrian stops and equity-focused enforcement statewide.
View full San Jose rules →Santa Clara, CA
Santa Clara County
California Assembly Bill 2147, the Freedom to Walk Act, amended Vehicle Code Section 21955 effective January 2023. Crossing midblock outside a marked crosswalk is now an infraction only when an immediate hazard of collision exists. The Santa Clara County Sheriff applies the statewide standard in unincorporated areas.
View full Santa Clara rules →Key Facts Comparison
| Fact | San Jose | Santa Clara |
|---|---|---|
| State statute | Vehicle Code section 21955 | - |
| Reform law | AB-2147 Freedom to Walk Act | - |
| Effective date | January 2023 | January 2023 |
| Required element | Immediate collision risk foreseeable | - |
| Typical fine | Around two hundred fifty dollars | - |
| State law | - | AB 2147 / CVC 21955 |
| Citation standard | - | Immediate collision hazard |
| Local override | - | Preempted by state |
| Enforcement | - | Sheriff, city police, CHP |
Highlighted rows indicate differences between cities.
San Jose FAQ
Is jaywalking still illegal in San Jose?
Only when a reasonably careful person would foresee immediate collision risk. Crossing an empty street mid-block is no longer citable. Officers must articulate actual hazard before issuing tickets.
Can I sue if I am hit while jaywalking?
Yes, but California's comparative fault rules reduce recovery proportionally to your share of negligence. Crossing unsafely outside a crosswalk typically reduces damages even though jaywalking is decriminalized.
Santa Clara FAQ
Is jaywalking still illegal in Santa Clara County?
Only when an immediate collision risk exists. Under AB 2147 and Vehicle Code 21955, a deputy or officer cannot cite a pedestrian for a midblock crossing unless a reasonable person would see imminent danger of being struck.
Can a city or the county add a stricter local jaywalking rule?
No. The California Vehicle Code preempts local pedestrian crossing rules. Santa Clara County and incorporated cities like San Jose follow the state Freedom to Walk standard for any midblock crossing on a public roadway.
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