# Can I have a claim if I was outside a crosswalk?

Canonical: https://californiapersonalinjurylaws.com/guides/pedestrian-outside-crosswalk/

Reviewed by Andrew (Andy) R. Gillin; publisher reported approval on 2026-11-04. Original review date was not supplied.

## Short answer

You 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.

## Hypothetical example

A person crosses away from an intersection. A driver is looking away and hits them.

## 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.

## 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.

## A useful next step

Save proof of the road, light, and traffic. Record where each person was.

## Court decisions behind this answer

### Li v. Yellow Cab Co. (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.

Limit: This does not set anyone’s fault percentage. Other limits and defenses can still matter.

Source: https://law.justia.com/cases/california/supreme-court/3d/13/804.html

## Sources

- [California Civil Code § 1714 — Responsibility for harm](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=1714.)
- [CACI No. 400–401 — Negligence and the standard of care (2026 edition)](https://courts.ca.gov/system/files/file/judicial_council_of_california_civil_jury_instructions_2026.pdf)
- [Li v. Yellow Cab Co. (1975) 13 Cal.3d 804](https://law.justia.com/cases/california/supreme-court/3d/13/804.html)

General information, not legal advice.