Decriminalizing Jaywalking: The Early Data

In recent years, three states have legalized or decriminalized jaywalking: Virginia and Nevada did so in early 2021, and California legalized jaywalking at the start of 2023.

This article was written by Michael Lewyn and originally published by Market Urbanism.

The traditional argument for anti-jaywalking laws is that they protect pedestrians from themselves, by limiting their ability to walk in dangerous traffic conditions. If this argument made sense, we would have seen pedestrian traffic fatalities increase in less punitive states.

For example, if jaywalking laws were effective, California’s pedestrian death rate would have increased in 2023 (when jaywalking was legalized). Instead, the number of deaths decreased from 1208 to 1057, a 12 percent drop. (Relevant data for all states is here). Although pedestrian deaths decreased nationally, the national decrease was only about 5 percent (from 7737 to 7318).

On the other hand. the data from Nevada and Virginia is less encouraging. As noted above, jaywalking was decriminalized in those states in 2021, so the relevant time frame is 2021-23. During this period, pedestrian deaths increased quite modestly in Virginia (from 125 to 133) and more significantly in Nevada (from 84 to 109).

On balance, it does not seem that there is a strong trend in either direction in these three states- which (to me) supports my previously expressed view that Americans should be trusted to walk where they like rather than being harassed by the Nanny State.