Motorcycle Lawyer
Texas Motorcycle Licensing Laws and Driving Tips
Motorcycles are exciting and flexible vehicles that offer a noteworthy sense of freedom. They are...
Read More Written by: 
Felix Gonzalez
Pedestrians always have the right-of-way in Texas, so are pedestrians ever fault in a traffic accident? Like any other person on the roads and walkways, pedestrians have a duty to follow all traffic laws, and they can be held responsible for failing to do so.
In certain situations, pedestrians may be at-fault for an accident on the road, either partially or in whole. Here are five things to know about pedestrians who are to blame.
There are a few common scenarios where pedestrians can be responsible for a vehicle accident; at least in part.
Texas follows what’s known as the modified comparative negligence rule. In accident cases where both the driver and pedestrian are at-fault, this rule provides a formula for deciding how much each party is at fault, which helps to determine damages.
For example, let’s say a pedestrian was crossing the street, even though there was a ‘Do Not Walk’ signal and was struck by an oncoming vehicle. The pedestrian would be allocated part of the blame. However, the driver was using his cell phone to update his Facebook status while driving, which means part of the blame would be allocated to him, as well. The circumstances would all be factored in to assign a specific percentage of the blame to each party.
The percentage of blame would then be used to determine how much damages can be awarded. So, if our pedestrian was only 25% at fault because the driver updating his Facebook status was 85% at fault, the pedestrian would be able to collect 85% of the total costs of her damages.
Under the 51/50 rule, pedestrians who are more than 51% at fault for an accident will not be able to recover any compensation for their injuries. This is a hard and fast rule under Texas law.
It’s widely known that insurance companies will try to get out of paying a claim if they can. In the case of vehicle vs. pedestrian accidents, they often try to blame the victim, whoever that may be. It’s important to understand that they will not automatically try to protect the pedestrian.
Vehicle vs pedestrian accident claims can be complex, especially because of the comparative negligence rule. Whether you were the driver or pedestrian, you’re likely to get an unfair percentage of the blame without legal representation to defend you. You need an attorney to ensure the process is fair.
Under our state’s Comparative Negligence rule, just because a pedestrian is injured by a vehicle does not automatically mean the driver is completely liable. Fault in a pedestrian accident is determined by evaluating the negligence of both individuals. Understanding how your case will be evaluated comes down to several core components that you need to know, including your legal duty.
Deciding who is at fault starts with evaluating who broke traffic laws or failed to act with reasonable care. Motorists are legally required to exercise a high duty of care. They must avoid distractions, yield to people in marked crosswalks, obey speed limits, and maintain a proper lookout. Pedestrians also have legal responsibilities. Under Texas Transportation Code Chapter 552, walkers must yield to vehicles if crossing outside a marked crosswalk or an intersection, obey crossing signals, and stick to sidewalks, if available.
Gathering evidence is another crucial component of fault. Determining legal responsibility requires proof that a person’s negligence directly caused the collision with a pedestrian. Investigators and attorneys piece together the timeline using police reports, camera footage, witness testimonies, and physical evidence, like vehicle damage and road conditions. Even the pedestrian’s clothes can be a factor, if they were wearing black garments at night, for example.
Jaywalking is a particularly common scenario where a pedestrian is at least partly to blame for an accident. If you do hit a pedestrian jaywalking, it’s important to stay at the scene. If you flee, it will be assumed that you were doing something illegal, and most of the blame may be assigned to you.
You should call 911 and cooperate with the police when they arrive. Do not lie about any details, but do not admit fault, either. The police will perform an investigation and prepare a police report.
Even if you feel the pedestrian was completely at fault, it’s important to seek legal advice. Remember, the insurance company will try to blame the victim so it’s necessary to have representation right away.
Getting hit by a car when you are crossing the street has to be a terrifying experience and the last thing you are probably thinking about immediately after the collision is what you should do next. As the pedestrian, it is essential that you follow these essential steps to protect your health and legal rights:
Under Texas law, you are legally required to report any accident resulting in injury or death. Call 911 to ensure law enforcement arrives promptly. This step creates an official accident report, which is vital for your insurance claim.
Let paramedics evaluate you at the scene and if you do not want an ambulance ride to the hospital, visit your regular doctor or urgent care center as soon as possible. Internal bleeding, herniated discs, and concussions are serious and may not show symptoms immediately.
If you or your passenger are able, document the scene with photos of your injuries, the vehicle, any property damage, street signs, traffic lights, and road conditions.
Ask the driver for their contact information, including name, phone number, and address and give them yours. Get their license plate number, auto insurance provider, and driver’s license number, too.
Always watch what you say after a collision, even when you are a pedestrian. Never admit fault or apologize. Just stick to the facts when speaking with the police and avoid giving recorded statements to the driver’s insurance company without consulting a Felix Gonzalez Law attorney first.
The physical and psychological toll of traffic accidents can be significant. If you or someone you know has recently been through an incident like this, seeking support from mental health professionals or trauma counselors is highly recommended to help process the fear and navigate the recovery process.
If your injuries are serious, fault is disputed, or insurance companies are pressuring you, consider contacting a local attorney at Felix Gonzalez Law Firm to help you navigate your claim before accepting a settlement. In Texas, you generally have a strict two-year statute of limitations to file a personal injury lawsuit. For more information, call us today.
