Many times pedestrians don't cross at a signaled intersection. The law says that if a signaled intersection is available than a pedestrian has the responsibility to cross there but people being people, we tend to take the shortest distance and many times that leads to what is called a mid-block crossing.
If a pedestrian is crossing mid-block and a collision occurs, then of course the response of the driver is always that it was the pedestrian's fault because they weren't crossing at the intersection. But I have learned and I know from my experience that it is never that simple. Remember that we're going to look at the conduct of the driver and if it can be demonstrated that the driver should have seen the pedestrian and had an opportunity to have avoided them, we're going to pursue our claim against the driver for that accident. Even though there may be some argument the pedestrian might have participated or contributed in some way to the accident.
Just because the police might suggest to you or your family if there has been a fatality that the pedestrian was at fault because it was a mid-block crossing, it's not that simple. We need to look at the conduct of the driver much more closely than sometimes the police even do.