What happened
- Friday, Aug. 28, 2026 (~10 p.m.) — Clinton and Brawley avenues in Fresno — a woman was struck by a vehicle while on foot.
- She suffered serious injuries and was taken to the hospital in grave condition after officers administered life-saving measures.
- The driver stayed at the scene and is cooperating; per police, no impairment or criminal activity is suspected.
- Witnesses said the vehicle was going the speed limit and the pedestrian was crossing outside the crosswalk. Fresno PD is investigating.
Source: The Fresno Bee. Details reflect initial reporting and may change as the investigation continues.
A pedestrian struck by a car almost always suffers severe injuries — there’s nothing to absorb the impact — and our hope is that the woman injured here recovers fully. Because early reports say she was crossing outside the crosswalk, this case raises a question a lot of people get wrong: can an injured pedestrian still recover when they weren’t in a crosswalk? In California, the answer is often yes.
Can you recover if you were crossing outside a crosswalk?
Being outside a crosswalk does not automatically end a pedestrian’s claim in California. Under the state’s pure comparative negligence rule, a pedestrian who shares some fault can still recover — their compensation is simply reduced by their percentage of responsibility. A pedestrian found, say, 40% at fault can still recover 60% of their damages.
Just as important: a pedestrian crossing outside a crosswalk generally must yield to traffic, but that rule does not erase a driver’s duty to exercise due care for everyone on the road. Drivers are still expected to stay alert, react to people they can see, and avoid hitting them where possible — crosswalk or not. Fault in these cases is rarely as simple as “she wasn’t in the crosswalk.”
A driver’s duty to pedestrians
California law expects drivers to watch for pedestrians and use reasonable care at all times, including at night and away from marked crossings. Speed, visibility, lighting, whether the driver was paying attention, and what a careful driver could have done are all part of the analysis. That’s why an investigation — and evidence like the scene, lighting, and any cameras — matters so much before anyone concludes a pedestrian was “to blame.”
Serious pedestrian injuries and what a claim can cover
Pedestrian crashes frequently cause life-altering injuries — traumatic brain injury, fractures, internal injuries — with long, expensive recoveries. A claim should account for the full picture: current and future medical care, lost income and earning capacity, and pain and suffering. Settling before the long-term costs are known almost always shortchanges the injured person.
“Outside the crosswalk” is not the end of the story. It may reduce a claim under comparative negligence, but it rarely eliminates it — and an early witness account is not a legal finding of fault. The evidence often tells a fuller story than the first report.
What injured pedestrians and families can do
- Focus on medical care and keep every record; serious injuries evolve over weeks and months.
- Request the police report once available, and note any witnesses.
- Preserve evidence — the intersection, lighting, and any nearby traffic or business cameras.
- Get advice before giving a recorded statement or accepting an offer, especially where fault is being questioned.
Frequently asked questions
I was hit while crossing outside a crosswalk. Do I have a case?
Possibly, yes. California’s pure comparative negligence lets you recover even if you were partly at fault — your compensation is reduced by your share, not eliminated. Drivers still owe a duty of care to pedestrians outside crosswalks.
The driver stayed and it wasn’t a DUI. Can I still make a claim?
Yes. Whether the driver stayed or was impaired doesn’t change your right to pursue a claim for your injuries against their insurance if they bear fault.
What can an injured pedestrian recover?
Medical bills (current and future), lost income and earning capacity, and pain and suffering. Severe pedestrian injuries often carry major long-term costs a claim should reflect.
How long do I have to file in California?
Generally two years from the date of the injury — and as little as six months if a government entity is involved.
Hurt in a Fresno pedestrian crash?
The Wagner Law Group has recovered over $300 million for injury victims across the Central Valley. If you have questions about your rights — even if you’re being blamed — talk to us for free, no fee unless we win.
This post is attorney advertising and is provided for general informational purposes only. It does not constitute legal advice, does not create an attorney-client relationship, and is not a solicitation of any specific individual. Details are based on initial news reports and may change as the investigation continues. We wish the injured person a full recovery. For advice about your situation, consult a licensed attorney.