Crosswalk vs. Non-Crosswalk Accidents: Does Location Affect Your Case in Orange County?

When a pedestrian is struck by a vehicle, one of the first questions that arises—legally and otherwise—is where the accident happened. Was the pedestrian in a marked crosswalk? An unmarked one? Or were they crossing mid-block? These location details play a critical role in determining liability, insurance coverage, and compensation.

If you or a loved one has been injured in a pedestrian accident in Orange County, understanding the impact of location on your case is essential. Let’s break down how California law treats crosswalk vs. non-crosswalk accidents—and what it could mean for your personal injury claim.

Understanding California Pedestrian Laws

California is known for its pedestrian-friendly laws, but also for its high rate of pedestrian accidents. In Orange County alone, hundreds of pedestrians are injured or killed every year due to driver negligence, distracted driving, or dangerous intersections.

Under California Vehicle Code (CVC) § 21950:

• Drivers must yield the right-of-way to pedestrians crossing the street within marked crosswalks or within unmarked crosswalks at intersections.
• However, pedestrians also have a duty of care not to suddenly leave a curb or run into the path of a vehicle, even in a crosswalk.

So while pedestrians have protections, they also share responsibility for using due caution—especially when crossing outside of designated areas.

Types of Crosswalks in California

To understand how location affects your case, it’s helpful to first know the difference between marked and unmarked crosswalks.

Marked Crosswalks

• These are the clearly painted lines at intersections or mid-block crossings.
• Typically found near traffic lights, stop signs, schools, or busy pedestrian zones.
• Provide high visibility and legal protection.

Unmarked Crosswalks

• These are not painted, but legally exist at every intersection where streets meet at roughly right angles and where there are no signs prohibiting pedestrian crossing.
• California law treats unmarked crosswalks the same as marked ones in terms of driver responsibility.

Mid-Block (Jaywalking or Non-Crosswalk) Crossings

• Occur when a pedestrian crosses the street outside a marked or unmarked crosswalk.
• Often referred to as “jaywalking,” though not all mid-block crossings are illegal.
• Pedestrians have less legal protection in these cases.

Crosswalk vs. Non-Crosswalk: How Location Affects Fault and Liability

In a Marked or Unmarked Crosswalk

If you were hit while lawfully crossing in a marked or unmarked crosswalk in Orange County:

• The driver is usually presumed to be at fault.
• Even if you stepped into the street while the light was green for cars, the driver must still exercise due caution and try to avoid hitting you.
• You are entitled to pursue compensation for medical bills, lost wages, pain and suffering, and more.

However, you must also show that you were crossing safely and not recklessly (e.g., darting into traffic, texting while walking).

In a Non-Crosswalk or Mid-Block Area

If you were hit while crossing outside of a crosswalk or intersection:

• Liability becomes more complicated.
• Insurance companies may argue you were partially or fully at fault for the accident.
• Under California’s comparative negligence law, your compensation may be reduced by the percentage of fault assigned to you.

For example:
If you’re awarded $100,000 but found 40% at fault for crossing mid-block, you’d still receive $60,000.

Real-Life Scenarios in Orange County

Let’s say you were crossing Pacific Coast Highway in Newport Beach at a clearly marked crosswalk. A distracted driver runs a red light and hits you. This is a textbook case where driver negligence is clear—you’d have strong grounds for full compensation.

Now consider a case where you cross mid-block at night in Santa Ana, wearing dark clothing, and you’re struck by a speeding vehicle. In this case, both parties may share fault—you for crossing unsafely, the driver for excessive speed or failure to pay attention.

That’s why having an experienced pedestrian accident attorney matters. They can help reconstruct the accident, gather witness statements, and fight against unfair blame.

How an Attorney Strengthens Your Case—Especially Outside a Crosswalk

If you were struck outside a crosswalk, don’t assume you’re automatically at fault. Many factors can shift the liability:

• Was the driver speeding or intoxicated?
• Were visibility conditions poor?
• Were there no safe crossing points nearby?
• Did the driver have a reasonable opportunity to stop?

A skilled pedestrian accident attorney will gather evidence such as:

• Traffic camera or dashcam footage
• Police reports
• Witness testimonies
• Accident reconstruction analysis
• Medical records

At Khalil Law Group, we specialize in helping injured pedestrians in Orange County—whether the accident happened in a crosswalk or not. Our legal team knows how to build a strong case, even in difficult or disputed scenarios.

What Damages Can You Recover in a Pedestrian Accident Case?

If a driver is found to be at fault, you may be entitled to compensation for:

• Medical expenses (emergency care, surgeries, rehab)
• Lost wages or loss of future earning capacity
• Pain and suffering
• Emotional distress or PTSD
• Disability or long-term impairment
• Wrongful death (for families who lost a loved one)

What to Do After a Pedestrian Accident in Orange County

Your actions in the minutes and days after a pedestrian accident can have a big impact on your case.

1. Call 911 Immediately – Always get police on the scene and file an official report.
2. Seek Medical Attention – Even if injuries seem minor, symptoms can worsen later.
3. Take Photos – Document the scene, your injuries, skid marks, and the surroundings.
4. Get Witness Info – Names, numbers, and brief statements are crucial.
5. Do Not Admit Fault – Anything you say could be used against you later.
6. Contact a Lawyer ASAP – The earlier you involve a pedestrian accident attorney, the better your chances of full recovery.