Even if you were not in a crosswalk during an accident, you should strongly consider consulting a lawyer. In California, pedestrians have legal protections even outside marked crosswalks, and fault is not automatically assigned based on location alone. A personal injury attorney can evaluate the circumstances of your case, determine whether the driver was negligent (e.g., speeding, distracted driving), and help you pursue compensation for medical bills, lost income, and other damages.
A Los Angeles pedestrian accident attorney at Salamati Law understands the mental and physical turmoil an accident like this can cause, especially when liability might be disputed. We are here to help ease the financial burden by protecting your rights and building a strong case on your behalf. Our track record is second to none, and we fight to secure maximum compensation for your injuries. Schedule a free consultation today.
Can Drivers Still Be Liable If You Weren’t in a Crosswalk?
Under California law, drivers can still be held liable for hitting a pedestrian who was not in a crosswalk. While pedestrians are generally required to yield the right-of-way when crossing outside of marked or unmarked crosswalks, this does not absolve drivers of their duty to exercise reasonable care.
At Salamati Law, we have handled many pedestrian accident cases where liability was contested due to the pedestrian’s location. However, if the driver was speeding, distracted, failed to yield, or otherwise acted negligently, they may still be legally responsible. Each case is fact-specific, and proving negligence, even partially, can result in significant compensation under California’s comparative fault laws.
If you were injured while crossing outside a crosswalk, don’t assume you’re without legal options.
How Fault Is Determined in California Pedestrian Accidents
As noted, California follows a legal standard known as pure comparative negligence when determining fault in pedestrian accidents. Under this rule, each party involved in an accident is assigned a percentage of fault, and any compensation awarded is reduced by the injured party’s share of responsibility.
For example, if a pedestrian is found to be 30% at fault for crossing outside a designated crosswalk, and the driver is 70% at fault for speeding or failing to yield, the pedestrian can still recover 70% of their total damages. This approach ensures that even when a pedestrian bears some responsibility, they are not automatically barred from seeking compensation.
We use this standard to our clients’ advantage, especially in complex cases where liability is disputed. Our team carefully investigates the facts, works with experts when necessary, and advocates to minimize any unfair assignment of fault to the pedestrian.
Why a Pedestrian Might Not Be in a Designated Crosswalk
There are several valid reasons why a person may not be in a crosswalk at the time of an incident:
- Lack of Nearby Crosswalks. In some neighborhoods or along busy roadways, marked crosswalks may be spaced far apart or non-existent. A pedestrian may have no practical or safe option other than crossing at an unmarked location to reach their destination.
- Malfunctioning or Missing Traffic Signals. If a crosswalk’s pedestrian signal is not working or completely absent, individuals may attempt to cross where they feel it is safest, even if that’s not at a designated crosswalk.
- Obstructed or Unsafe Crosswalks. Construction zones, blocked sidewalks, or hazardous conditions (like ice or debris) can make it dangerous or impossible to use a designated crosswalk, forcing pedestrians to find an alternative route.
- Emergency or Unforeseen Situations. In urgent scenarios, such as being followed, feeling unsafe, or reacting to a medical emergency, a pedestrian may cross outside a marked area to seek help or safety.
- Unmarked Crosswalks at Intersections. Under California law, intersections without painted lines may still be considered legal unmarked crosswalks. Many pedestrians are unaware of this legal distinction, and drivers often overlook their duty to yield in these zones.
At Salamati Law, we recognize that simply being outside a marked crosswalk does not make you responsible for an accident. We thoroughly evaluate the facts and advocate for fair treatment and accountability where it’s due.
Why Legal Representation Matters in Disputed Liability Cases
Insurance companies often act quickly to shift blame to reduce payouts when fault is unclear in a pedestrian accident, especially if you weren’t in a crosswalk.
Having an experienced attorney is critical to protecting your rights:
- Insurance companies are not on your side. Their primary goal is to minimize financial exposure. Adjusters may claim you were entirely at fault for not being in a crosswalk. They might exploit statements you make or selectively interpret evidence to build a case against you.
- They often undervalue your claim. Even if liability is shared, insurers may offer settlements that drastically undervalue your medical costs, future treatment, lost income, and emotional suffering, especially if you’re unrepresented and unfamiliar with your legal rights.
We know these tactics well and counter them by conducting independent investigations, preserving evidence, and negotiating from a position of strength. Our legal team ensures that insurance companies are held accountable and that your compensation reflects the full impact of your injuries, regardless of where you were walking.
Schedule a Free Consultation with Salamati Law
If you or someone you know was injured after being hit by a car, even outside of a crosswalk, you need the services of an experienced Los Angeles pedestrian accident attorney at Salamati Law.
Schedule a free, no-obligation consultation today. Since we work on a contingency basis, you pay no legal fees unless you receive compensation. While most cases are settled, we will pursue litigation if the insurance company does not agree to a fair settlement.
