Suppose you dashed across the street mid-block, didn’t see an oncoming car, and ended up in the hospital with a broken leg. The other driver had plenty of time to see you and was under the influence. You were jaywalking. Does that mean you have no legal remedy?

Thankfully, in California the answer is no. Under state law and its rules on shared fault you may still bring a personal injury claim. Your recovery may be reduced by your share of responsibility, but you are not barred from seeking damages simply because you crossed outside a crosswalk.

What the Law Says About Jaywalking

California has a law that defines when crossing outside a crosswalk is an offense. But that law does not automatically eliminate your legal rights if you get injured. The law allows crosswalk violations unless there is an obvious immediate danger the way is unsafe. Even if you cross outside the marked area you are not automatically without protection.

Drivers also must exercise care toward pedestrians whether those pedestrians are in crosswalks or not. Everyone is expected to pay attention on the road. Sometimes accidents occur when someone unexpectedly attempts to cross between cars or in places without crosswalks.

Shared Fault and Your Claim

California applies a pure comparative negligence rule. That means even if you are partly at fault—for example by jaywalking, you can still seek compensation. The damages you recover will simply be reduced by the percentage of fault assigned to you.

After a crash insurers, or a court, will try to decide how much blame each party bears. Was the driver speeding or impaired? Did you cross without regard for traffic signals? These factors will impact how liability is divided.

You’re Not Automatically Liable

Even though crossing outside a crosswalk can make you more vulnerable you are not automatically blamed. If the driver broke traffic laws, failed to watch carefully, or acted negligently those actions may shift much of the fault to them. Legal outcomes often hinge on careful investigation of all circumstances.

What to Do If This Happens

• Get medical attention right away and keep good documentation of injuries.
• Report the accident and ensure a police record is made.
• Take photos of the scene showing where you crossed, traffic signals, vehicle damage, any skid marks, signs or lighting conditions.
• Get contact details from witnesses.
• Consult an attorney familiar with pedestrian injury cases. They can help you evaluate fault, estimate your damages, and build your claim.

How Hillstone Law Can Help

If you are injured after crossing outside a crosswalk we can assess whether you have a viable claim explain how California’s comparative negligence might affect your recovery gather all necessary evidence negotiate with insurers or take your case to court if needed.