Can I have a claim if I was outside a crosswalk?
Reviewed by Andrew (Andy) R. Gillin
California State Bar #45226 ↗ · Approval recorded November 4, 2026
How we record review approvalYou may still have a claim if you were outside a crosswalk. That fact alone does not decide all questions of fault. Both sides’ actions matter.
In this guide
Here’s an example
A person crosses away from an intersection. A driver is looking away and hits them.
A made-up example to explain the idea. Your facts may lead to a different answer.How the rule works
Fault is not always all or nothing. A review can consider an unsafe crossing and a driver’s lack of care in the same case. Shared fault can reduce a recovery.
Legal references: [1] California Civil Code § 1714 — Responsibility for harm · [2] CACI No. 400–401 — Negligence and the standard of care (2026 edition)
What can change the answer?
Crossing rules, light, and the time a driver had to stop may matter. Shared fault can reduce what you get. A crossing violation does not erase every driver duty.
Court decisions behind this answer
A case can help explain a rule. Its facts and limits matter too.
Li v. Yellow Cab Co.
Supreme Court of California · 1975
13 Cal.3d 804, pp. 827–829
A person can share fault and still have a negligence claim. Their share of blame can reduce the recovery.
This does not set anyone’s fault percentage. Other limits and defenses can still matter.
Case applicability reviewed as recorded above.
A useful next step
Save proof of the road, light, and traffic. Record where each person was.
If you are unsure which rule applies, a lawyer can review your facts and any deadlines. Learn about GJEL’s injury representation.
The law behind this guide
The references below support the legal discussion. Their application depends on the facts.
- California Civil Code § 1714 — Responsibility for harm ↗Statute · Review recorded above
- CACI No. 400–401 — Negligence and the standard of care (2026 edition) ↗Jury instructions · Review recorded above
- Li v. Yellow Cab Co. (1975) 13 Cal.3d 804 ↗Case law · Review recorded above
Updated 2026-11-04. Read our editorial standards.