Is It Illegal to Drive Barefoot in California?

There are many reasons why someone may want to drive barefoot — maybe you’re enjoying a carefree day at the beach, or maybe there’s a problem with your shoe. But is it actually illegal to drive barefoot in California? Our experienced San Bernardino car accident lawyers at LA Century Law explain.

Is Driving Barefoot Legal in California?

Yes. Driving barefoot is legal in California.

Despite common misconceptions, no law prohibits driving barefoot in California. However, it is not a good idea for multiple reasons. Law enforcement cannot pull you over simply because you’re not wearing shoes. There’s no police ticket for driving barefoot.

What Does California Law Actually Say About Driving Barefoot?

California law doesn’t say anything about driving barefoot.

Here’s what you need to know:

• No law explicitly says that driving barefoot is allowed, but there’s no law making it illegal either.
• If driving barefoot contributes to an accident, the barefoot driver may be found negligent.
• For civil liability, barefoot driving is compared to other potentially negligent behavior for a determination of liability, using California’s comparative negligence laws.
• Extremely dangerous driving can be grounds for a reckless driving charge. But it’s unlikely that driving barefoot alone would make a reckless driving charge appropriate.

Even though you can drive barefoot in California, there are reasons you shouldn’t, unless there’s a true emergency.

Is There a California Vehicle Code That Prohibits Barefoot Driving?

No. There is no California Vehicle Code that prohibits barefoot driving. The California Vehicle Code covers many topics, including driver registration, licensing, and the rules of the road, but there’s no law for barefoot driving.

Can You Receive a Ticket for Driving Barefoot in California?

It’s unlikely that you would receive a ticket for driving barefoot in California. While it’s possible that you could be charged with reckless driving, reckless driving requires showing willful and wanton disregard for the safety of others. It’s unlikely that barefoot driving, by itself, meets this standard.

If you’re in an accident, you may be charged for offenses that contribute to the accident, even if the underlying cause is failing to wear shoes. For example, if your foot slips, and you don’t brake properly, you may be charged with following too closely, unsafe speed, or defective equipment.

Is Driving Barefoot Considered Negligent in an Accident?

Driving barefoot may be considered negligence in an accident. Negligence is doing something that creates an unreasonable danger. Motor vehicles are designed to be operated with proper footwear.

There may be multiple causes of an accident. If driving barefoot is one of the causes, it will likely be considered negligence.

Barefoot vs Flip-Flops: Which Is More Dangerous?

Both driving while barefoot and driving with flip-flops can be dangerous.

When you’re barefoot:

• You might not be used to how the pedals feel, compared to when you’re wearing shoes.
• The vibrations of the vehicle can impair your feeling.
• Gripping the pedals may be harder than it is with shoes.
• You may not know how much pressure to apply to operate the gas or brakes.
• Sharp edges can cut and scrape the foot.

When you’re wearing flip-flops:

• A flip-flop can become lodged under a pedal.
• Having to grip the flip-flop with your foot may delay your reaction time.
• Flip-flops often don’t have traction comparable to other types of shoes.
• A flip-flop can slip and prevent you from operating the gas or brake.
• The shoe may not be thick enough to protect you from sharp edges.

Driving with proper footwear is always recommended.

Can Driving Barefoot Affect a Personal Injury Claim?

Yes, driving barefoot can affect a personal injury claim. It may be treated as negligence. If you’re not at fault, and the other driver caused the accident by driving barefoot, it can be grounds to claim financial compensation. If you’re the barefoot driver, it can make you liable to pay compensation.

California uses comparative negligence, and all grounds for fault are considered. No threshold automatically considers some negligence more dangerous than others. Instead, all circumstances are considered on a case-by-case basis.

Why the Barefoot Driving Myth Still Exists

The barefoot driving myth may persist because many people recognize it is dangerous behavior. Vehicles are large, heavy, and capable of causing significant harm. It’s important to have the right footwear to operate machinery, use tools, and climb to higher surfaces. It also makes sense to have proper footwear to operate a motor vehicle.

This public perception can work to the advantage of an accident victim. Negligence is about what’s reasonable. If most people think barefoot driving is, or at least should be, illegal, they may be likely to find the driver negligent if barefoot driving contributes to an accident.

Frequently Asked Questions About Driving Barefoot in California

Is it legal to drive barefoot in California on a motorcycle?

Yes. It is legal to drive a motorcycle barefoot in California. Although helmets are required, there are no requirements for other riding gear. Police and traffic safety authorities recommend wearing shoes and protective eyewear, but it is not required.

Is there a driving barefoot law in San Bernardino, CA?

No. Neither the City of San Bernardino nor the County of San Bernardino has a barefoot driving law. These local governments follow state laws for reckless driving and other traffic infractions.

If I were in an accident involving a barefoot driver, what should I do?

If you’re in an accident with a barefoot driver, report the accident as required by law. Seek emergency medical attention. Follow the steps on what to do after a car accident in California. Makes notes of observations or admissions, such as seeing the driver without shoes or hearing them say that they weren’t wearing shoes. Contact a lawyer as soon as possible.

Contact an Experienced San Bernardino Car Accident Lawyer

Have you been in an accident? We invite you to contact LA Century Law. Talk to an experienced San Bernardino car accident lawyer about driving while barefoot and other things that may have happened. Call or message us now.