Pedestrian Struck by a Distracted Driver Outside a Crosswalk
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Reviewed & verified by A. Jason Velez, Esq.*
Managing Attorney, 1LAW · Last reviewed January 1, 2026
Legal Inquiry
Consumer Legal Issue
I was walking and was hit by a car crossing the street. The police report stated that the driver admitted to being distracted with their cell phone and hit me breaking 14 of my ribs. I was not Crossing in a crosswalk though. Do I have the right away still since I'm a pedestrian and he admitting he was distracted with his phone and hit me instead of paying attention.
Attorney Answer
Yes, you still have a claim. Crossing outside a crosswalk does not cancel a driver's duty to watch the road, and in Oklahoma it reduces your recovery rather than automatically ending it.
The controlling rule is 23 O.S. § 13. Oklahoma's modified comparative negligence statute bars recovery only where the injured person's negligence is of greater degree than the combined negligence of those causing the damage. Practically: if a jury assigns you some share of fault for crossing outside a crosswalk, your damages are reduced by that percentage. You lose only if you are found more than half responsible. A police report recording that the driver admitted to being on his phone is powerful evidence pushing the larger share onto him, and fourteen broken ribs is a serious, well-documented injury.
Be realistic rather than reassured: the driver's insurer will argue you stepped into traffic and will push your percentage as high as it can. That fight is about the size of your recovery, not whether one exists.
What you can do 1. Get a certified copy of the police report and confirm the admission about the phone is written in it — that sentence is the core of your case. 2. Move quickly, through a lawyer, to preserve the driver's phone records and any nearby business, doorbell, or traffic camera footage; that evidence is overwritten on short cycles. 3. Keep every medical record and bill, and complete all recommended treatment — gaps in care get used to argue your injuries were minor. 4. Photograph the crossing location, the lighting, and the distance to the nearest marked crosswalk. 5. Do not give the driver's insurer a recorded statement or sign a blanket medical authorization before you have counsel, and do not settle while you are still treating. 6. Check your own auto policy, and any policy in your household, for uninsured and underinsured motorist coverage — it often pays pedestrians struck by a car.
⏱ Time limits apply. Oklahoma's personal-injury limitations period governs this claim and runs from dates specific to your facts. If the driver was working at the time, or a city, county or state vehicle was involved, a much shorter government notice deadline can apply — confirm that immediately rather than assuming you have years.
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Frequently Asked Questions
Does being outside the crosswalk mean the driver had the right of way?
Right of way is only one part of the analysis. Even where a pedestrian should have yielded, a driver still must keep a proper lookout and drive with care. Under 23 O.S. § 13 the jury divides fault between you, and you recover unless your share is greater than the combined fault of those who caused the harm.
How much of the blame can I carry and still recover?
Up to and including an equal share. 23 O.S. § 13 bars recovery only when your negligence is of greater degree than the combined negligence of the defendants. Below that line, your award is reduced by your percentage rather than eliminated.
What if the driver has little or no insurance?
You can still sue him personally, but collection is often the real limit. Check your own auto policy for uninsured or underinsured motorist coverage, which commonly applies to a household member struck as a pedestrian, and check every policy in your household.
