It's a common scenario: a pedestrian crosses the street, not in a marked crosswalk, and gets hit by a car. Understandably, one of the first questions that comes up is, “Do I still have a case?” The short answer is: maybe — and you should talk to a lawyer before assuming you don't.

Connecticut Law and Pedestrians

In Connecticut, drivers are expected to exercise reasonable care to avoid hitting pedestrians — even if the pedestrian is not in a crosswalk. While pedestrians are generally required to yield the right of way to vehicles when crossing outside a marked crosswalk or against a traffic signal, that doesn't give drivers a free pass to act recklessly.

Liability Is Not All-or-Nothing

Many pedestrian accidents involve shared fault. For example, a pedestrian may have crossed mid-block, but the driver could have been speeding, distracted, or failed to slow down despite seeing someone attempting to cross. In these cases, the legal concept of comparative negligence comes into play.

Under Connecticut's modified comparative fault rule, a pedestrian can still recover damages as long as they were less than 51% at fault for the accident. However, their compensation would be reduced by their percentage of fault.

Injured? Don't Assume You Have No Rights

Insurance companies may try to deny your claim or place all the blame on you simply because you weren't in a crosswalk. But every case is different — and there may be important factors in your favor, such as poor visibility, a dangerous road design, or negligent behavior by the driver.

If you've been injured while walking, don't let uncertainty stop you from seeking help. I understand how to evaluate pedestrian injury cases thoroughly, even when the facts are complicated.

I have  helped many pedestrians get the compensation they deserve — even when insurance companies initially said they had no case. If you or a loved one were injured while walking, call me today for a free consultation. I will listen, review your case, and give you clear guidance on your rights and options.