Do You Still Have a Personal Injury Case If You Were Hit Crossing the Street — Even If You Weren’t in a Crosswalk?

Most people who get hit by a car while walking across the street—especially if they weren’t in a crosswalk—tend to jump to the same conclusion:

“I guess this is my fault, so I probably don’t have a case.”

That belief is extremely common… and extremely wrong. In California, simply being outside a crosswalk does not automatically make you responsible for an accident. In fact, many pedestrians who were hit while crossing mid-block or crossing in an unmarked area still end up having very strong personal injury claims.

The real issue isn’t whether someone was in a crosswalk. The real issue is who acted carelessly and to what degree.

Let’s break this down in a simple way—without the legal jargon.

Drivers Don’t Get a Free Pass Just Because a Pedestrian Wasn’t in a Crosswalk

California law actually puts a pretty heavy responsibility on drivers. Even if a pedestrian is not exactly where they “should” be, drivers still have to:

• Pay attention

• Slow down

• Look for people walking or crossing

• Take reasonable steps to avoid hitting someone

This is part of California Vehicle Code §21950, and it basically says that drivers must be cautious around any pedestrian, not just those inside the painted lines of a crosswalk.

Sure, pedestrians are supposed to use crosswalks when they’re available. But the law doesn’t let drivers off the hook just because someone crossed the street slightly differently than expected.

California’s Comparative Negligence Rule: You Can Still Recover Damages

California uses what’s called pure comparative negligence. This sounds complicated, but it’s really not. It just means:

• Fault can be shared between people.

• Your compensation is based on the percentage of fault assigned to each party.

• Even if you share some blame, you can still recover money.

Here’s a simple example:

If a pedestrian was 30% at fault for crossing outside a crosswalk,
and a driver was 70% at fault for speeding or not paying attention,
the pedestrian could still recover 70% of the total damages.

Most people don’t realize this. Insurance companies definitely know it, but they won’t bring it up unless they’re forced to.

Situations Where Pedestrians Outside Crosswalks Can Still Sue and Have Strong Cases

A pedestrian who crosses mid-block isn’t automatically responsible. In fact, the driver is often mostly at fault. Here are common real-world situations where this happens:

1. The driver was going too fast.

Speeding reduces reaction time. Even if someone crosses outside a crosswalk, a driver who’s speeding is usually going to take on more blame.

2. The driver was distracted.

Texting, messing with the GPS, talking on the phone, eating—distractions are everywhere. A distracted driver can easily miss a pedestrian.

3. The area was dark or visibility was low.

Drivers are supposed to adjust. Nighttime, rain, and poorly lit roads don’t excuse careless driving.

4. The pedestrian was already halfway across.

Even if someone starts outside a crosswalk, once a person is in the roadway, drivers must avoid hitting them.

5. The driver broke another law.

Running a red light, rolling through a stop sign, failing to yield, or making an illegal turn can all make the driver primarily responsible.

Times When a Pedestrian Might Share Some Fault (But Still Has a Case)

There are situations where a pedestrian might be partly responsible. For example:

• Stepping off the curb without checking for cars

• Walking into the street suddenly

• Wearing dark clothing at night with low visibility

• Crossing between parked cars too quickly for a driver to reasonably react

But even then, the pedestrian rarely ends up with 100% of the blame. And remember—partial fault does not eliminate the possibility of a settlement or court award.

Why Insurance Companies Try to Blame Pedestrians Immediately

Insurance companies almost always try to say something like:

• “You weren’t in a crosswalk, so you’re responsible.”

• “There’s nothing we can do. The driver had the right-of-way.”

• “You should have crossed at the intersection.”

These statements are often meant to scare people or make them give up before they even know their rights.

The truth is much more nuanced. Liability depends on what both people were doing—not just where someone was walking.

The Types of Evidence That Can Strengthen a Pedestrian’s Claim

A pedestrian accident case often depends on gathering the right evidence early. This can include:

• Camera footage (security cameras, doorbell cams, dashcams)

• Witness statements

• The police report

• Photos taken right after the accident

• Medical records

• Phone records showing the driver might have been distracted

• Vehicle damage patterns

• Skid marks or lack of braking

A good law firm knows how to get this evidence before it disappears—sometimes within days.

Common Injuries Pedestrians Suffer (Often With Delayed Symptoms)

Pedestrians tend to suffer significant injuries because there’s no protection between their body and a moving vehicle. These injuries often include:

• Broken bones

• Head injuries or concussions

• Back or spinal injuries

• Internal injuries

• Knee, shoulder, or hip trauma

• Long-term mobility problems

One important thing to know: many injuries, especially head or soft-tissue injuries, don’t show symptoms immediately. That can play a big role in how the case unfolds.

Why Calling a Lawyer Early Can Make a Huge Difference

If you were hit while crossing the street—even if you feel you were partly responsible—it’s worth speaking with a personal injury lawyer as soon as possible.

A lawyer can:

• Determine how fault should legally be divided

• Push back against insurance companies who try to blame you

• Gather evidence while it's still fresh

• Help you get medical treatment

• Guide you through the entire claims process

Pedestrian cases are often more complicated than they seem, but they are also very winnable.

Final Thoughts

Crosswalk or not, pedestrians in California still have rights. And more often than not, they still have a valid personal injury case. Don’t assume fault based on your location in the street. Don’t rely on what the driver says at the scene. And definitely don’t take the insurance company’s word for it.

If you were hit by a vehicle anywhere in California, Montanez Yu can help you understand your options and fight for the compensation you deserve.