The Lesser-Known History of “Jaywalking”

There are aspects of the “crime” of jaywalking that most people don’t realize or appreciate. In fact, the whole concept of jaywalking was promoted as a crime by U.S. automakers for self-serving purposes — such as protecting motorists from lawsuits and limiting what used to be pedestrians’ inalienable right to travel by the shortest route. As a result, streets were redefined as the primary travel medium for vehicles instead of people.

Even after the passage of jaywalking laws, many pedestrians ignored them. Judges and police officers in rural states rarely enforced the law against jaywalking, so the industry developed several strategies to enforce compliance. One idea was to heavily publicize news about auto accidents and to emphasize the injuries and deaths. Most of the time, those articles focused on pedestrian-related errors.

The other major strategy was to design school safety campaigns, promote poster contests, and raise the level of safety awareness. Ads that ridiculed noncompliant children were also promoted. Those campaigns were so aggressive that they could be likened to the anti-drug campaigns of recent years.

Today’s Jaywalking Laws

The current jaywalking laws are enforced arbitrarily and often unfairly. The laws have certainly succeeded in their ultimate goal of redefining the nation’s highways and byways as primarily designed for the use of vehicles.

In an ironic twist, it is now pedestrian and bicycling groups that are attempting to change the laws and bring back their rights to share the road or even deny vehicle traffic in key areas.

The Covid-19 pandemic has increased bicycling, walking, and gathering in small groups for exercise and companionship. That means there are more pedestrian obstacles for drivers to avoid.

Many non-profits now support decriminalizing the crime of jaywalking for these key reasons:

● Jaywalking tickets are issued arbitrarily in many states with no standard practices.

● Blacks and minorities are unfairly targeted by enforcement officers.

● The practice of issuing jaywalking tickets places a big financial burden on relatively poor families.

● Poor neighborhoods are often targeted by police for the enforcement of a relatively “victimless” crime.

Enforcing Jaywalking Laws to Discriminate against Blacks and Other Minorities

Police officers have long used jaywalking as a tool to stop and search blacks and other minorities without a warrant. Originally, authorities argued that dangerous pedestrian conditions justified jaywalking enforcement, but historically officers used the law as a pretext for stop-and-search efforts targeting the black community.

The practice is now commonplace in most major cities across the United States. Some police officers stop blacks and other minorities in a clear case of racial profiling, and legislators are even exploring new opportunities for racially-based enforcement efforts.

These efforts include legislation barring the use of phones while crossing the street, an ideal law for selective enforcement.

Focusing on Education Instead of Enforcement

There are many efforts underway to decriminalize jaywalking and divert sanctions in favor of educating people about pedestrian safety. The University of Delaware is collaborating with the local police to promote education as an alternative to tickets.

The densely populated cities of Delaware are the perfect testing ground for alternatives to jaywalking tickets in areas where pedestrian safety is a big concern.

Injuries to Pedestrians

Regardless of the laws against jaywalking or phone use while crossing the street, there will always be a certain percentage of pedestrian injuries and deaths caused by vehicles. But in many states, even if you were at fault for a traffic collision by jaywalking, you are still entitled to compensation.

Just make sure that you talk to an experienced pedestrian accident lawyer like the dream team at this personal injury law firm in Ohio pedestrians swear by. A seasoned attorney can help you hold the at-fault driver liable for your injuries even if he or she has proof that you were jaywalking at the time of the crash. Nevertheless, expect compensation to be reduced by an amount equal to your share of fault.