Is Driving Barefoot Illegal in California?

It’s legal to drive barefoot in California, but you could face additional fines if you’re in an accident without adequate footwear.
Written by R.E. Fulton
Reviewed by Jessica Barrett
background
Barefoot driving in
California
is legal, despite persistent misconceptions that it’s against the law. However, it could pose safety risks compared to driving with proper footwear. 
  • It’s completely legal to drive barefoot in California. 
  • That said, driving barefoot comes with some safety risks, such as reduced braking force.
  • If you get into a car accident while driving barefoot or without appropriate footwear, you can get into legal trouble and potentially get charged with reckless driving.
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Driving barefoot is perfectly legal in California—and what’s more, it’s always been. 
If you’re in the habit of kicking off your shoes before you get behind the wheel, you may have been berated in the past by a concerned friend or family member. 
Thankfully, you’re in luck: Driving barefoot is legal in all 50 states and the District of Columbia. 
But there’s more to the story than that: Some states, including California, still recommend wearing shoes when you drive, and you could face additional penalties if you’re in a motor vehicle collision barefoot. 
Laws against barefoot driving are an urban myth, and that myth was officially busted in the summer of 1994 by a guy named Jason Heimbaugh. After writing to the DMV in every state from Alabama to Wyoming (and Washington D.C.), to ask if driving barefoot was legal in each jurisdiction, Jason received a unanimous yes—it’s legal. 

… But driving barefoot can be unsafe

Although barefoot driving isn’t illegal in California, most states recommend that drivers wear proper footwear. That’s because barefoot driving has a reputation for being unsafe. 
Barefoot driving can decrease a driver’s control over the vehicle because it: 
  • Reduces your braking force
  • Limits your traction on the brake and gas pedals, especially when your feet are wet, slippery, or sweaty from movement
  • Causes distraction for some drivers
  • Increases the risk of injury to your feet if you get in an auto accident
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Don’t kick off your shoes in celebration just yet: California’s law does allow law enforcement and courts to apply additional fines for some barefoot drivers involved in accidents. If your lack of shoes is found to have contributed to a collision, you could face a
reckless driving
charge or a negligent driving charge. 
Disclaimer: In the event of an
at-fault accident
, other motorists have the right to file a claim against you. If your decision to go barefoot directly endangers someone else, it may lead to you being held partially or fully responsible for their injuries.

Be wary of driving in certain types of shoes, too!

So, you’ve decided to wear shoes now—good! However, barefoot driving might actually be safer than driving in certain types of footwear. 
Here’s a list of footwear that can be dangerous for driving because they can cause issues with balance, slip off easily, or constrain the foot: 
  • Flip flops
  • Sandals with straps
  • High heels and wedges
  • Slippers
  • Crocs
The bottom line: A closed-toe shoe with good traction is the safest way to prep your feet for safe driving. But you won’t break any state laws by going barefoot, and it may actually be safer than driving in a flimsy and clumsy shoe like a flip-flop!
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FAQs

If you're involved in a collision with a barefoot motorist, you may be eligible for additional compensation for bodily injury if you can establish that the at-fault driver’s lack of footwear contributed to the accident. That being said, it’s always advisable to consult with a qualified personal injury attorney who can evaluate the specific details of your case. 
Driving in heels can be dangerous because your feet are not on a level platform, which can lead to balance issues.
While flip flops are no doubt a Californian staple, they can be unsafe behind the gas and brake pedals due to their tendency to easily slip on and off, potentially destabilizing you while you drive. 
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