In Florida, a pedestrian walking within a crosswalk has the highest protection that the law provides. However, many times there are situations where a pedestrian is walking a little bit outside the crosswalk. Perhaps, they are cutting the corner and they are technically not in the crosswalk and they get hit by a car that is approaching or turning at the intersection.
When a lawyer looks at a case like this from a legal standpoint, it's not so much was the pedestrian in the crosswalk or not in the crosswalk it's what did they do to contribute to causing the accident versus what did the driver do. Attorney Jim Dodson's view is that the driver has the greater responsibility because they cause much more injury to a pedestrian.
The fact that a pedestrian was in or not in the crosswalk isn't the end of the subject and a successful claim against the driver is quite possible. To prove a case like this an experienced attorney would need to look at what both the pedestrian and the driver did and who had the greater responsibility of how the accident occurred.