Home » Blog » What if I Was Crossing Outside a Crosswalk in California?
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Last Modified on Oct 26, 2026
Getting hit by a car is frightening enough without an insurance adjuster telling you that stepping off the curb outside a painted crosswalk means you have no case. That claim gets repeated to injured pedestrians, and it is not accurate.
California law still lets you pursue compensation if you were crossing outside a crosswalk when a vehicle struck you. It just changes how fault gets divided between you and the driver.
A pedestrian injury attorney at Bentley & More LLP can review the police report and other evidence and tell you where your claim stands before you say anything more to an insurer.
Key Takeaways
- Crossing outside a crosswalk between signal-controlled intersections is restricted.
- Crossing outside a crosswalk does not erase your right to compensation under California’s comparative fault rule.
- A percentage of fault assigned to you reduces your payout rather than wiping it out entirely.
- Drivers have a legal duty to watch for pedestrians in the roadway, even outside a marked crosswalk.
Is Jaywalking Still Illegal in California?
Technically, yes. Cal. Veh. Code § 21955 says that pedestrians must cross only in a crosswalk between adjacent intersections controlled by signals or police officers. But enforcement changed in 2023. Police can no longer cite you for jaywalking unless there is an immediate chance of a collision.
Who Pays When a Pedestrian Is Hit Outside a Crosswalk?
Inside a marked or unmarked crosswalk, drivers must yield to pedestrians under Cal. Veh .Code § 21950. Outside one, the obligation shifts. Under Cal. Veh. Code § 21954, pedestrians must yield to vehicles close enough to pose an immediate hazard. That duty cuts both ways, since the law still requires drivers to exercise due care for pedestrians.
California’s pure comparative negligence system holds everyone responsible for their own carelessness. As a pedestrian, you will see your damages reduced by the percentage of fault attributed to you. For example, if your damages total $200,000 but you’re 20% at fault for a mid-block crossing, you still recover $160,000.
Adjusters often tell injured pedestrians that a mid-block crossing ends their case. It doesn’t, and a free consultation can help you see whether an adjuster is overstating your share of blame.
What Evidence Decides Fault After a Mid-Block Accident?
Evidence gathered after a crash often decides how much of a settlement you keep. Key proof includes:
- Traffic camera or nearby business surveillance footage
- The police collision report and any citations issued
- Vehicle data showing speed and braking before impact
- Witness statements from drivers or bystanders
- Phone records that may show distraction
Preserve this evidence quickly, since footage gets overwritten and witnesses become harder to find over time.
Frequently Asked Questions
Can I still sue if I was hit outside a crosswalk in California?
Yes. Comparative negligence lets you recover damages even if you are found partially responsible, with your fault percentage reducing rather than erasing the award.
Will I get a jaywalking ticket if I was hit by a car?
Not automatically. Police can only cite you if there was an immediate collision risk. This is separate from your personal injury claim.
How long do I have to file a claim after being hit outside a crosswalk?
Generally two years from the crash date under Cal. Civ. Proc. Code § 335.1. Some exceptions apply, and evidence may disappear. Contact a lawyer as soon as possible after your accident. In the most tragic scenarios where catastrophic trauma proves fatal to a pedestrian or cyclist, surviving family members may seek accountability through a wrongful death lawsuit.
Bentley & More LLP: A California Pedestrian Injury Law Firm
Being told your crash doesn’t count because you weren’t in a crosswalk is a common tactic to shrink a claim, but that claim doesn’t always reflect what California law allows. Sorting out fault means lining up the police report, signal timing, and driver speed against the duties both sides owed.
A pedestrian injury attorney at Bentley & More LLP can give you a straight answer about where your case stands. Contact our firm today for a free consultation.
About the author: Greg Bentley
Co-Founder & Trial Lawyer at Bentley & More LLP
Greg Bentley is Co-Founder of Bentley & More LLP in Newport Beach, California. With 36 years of experience, he represents plaintiffs in personal injury, wrongful death, product liability, insurance bad faith, dangerous road and property conditions, and construction-site failure cases. Admitted to the State Bar of California, Greg earned his J.D. from Western State University College of Law in 1990. He is a member of several invitation-only trial organizations, including the American College of Trial Lawyers and the International Academy of Trial Lawyers, and is active in multiple statewide and regional trial lawyer associations.
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