When Is a Pedestrian At Fault for a Car Accident in Texas?

July 31, 2024
Dow Law Firm
when is a pedestrian at fault for a car accident

If a car hits a pedestrian, in many cases, the driver is at fault. However, pedestrians can also cause car accidents by neglecting basic responsibilities. In this situation, injured drivers may be able to recover compensation.

When is a pedestrian at fault for a car accident, and what happens when both parties share responsibility? Let’s look into what Texas law has to say about collisions involving pedestrians.

When the Pedestrian Is At Fault for a Vehicle Crash: Possible Scenarios

Like all road users in Texas, pedestrians must follow safety rules and exercise reasonable care. For instance, pedestrians must always use sidewalks and crosswalks, make eye contact with motorists before crossing the road, and avoid stepping onto a road abruptly.

A pedestrian could be liable for an accident if they:

  • Dart onto the road without giving the oncoming driver enough time to brake
  • Walk on the road instead of using a sidewalk
  • Cross in a non-designated area instead of an available crosswalk or pedestrian bridge
  • Ignore a red light or “Don’t Walk” sign
  • Jaywalk from between parked vehicles onto a road

Negligent pedestrians can cause deadly accidents. For example, a driver may brake abruptly to avoid hitting a pedestrian, leading to a rear-end collision with the car behind. 

What May Your Settlement Cover If a Pedestrian Caused Your Accident?

Every pedestrian accident case is different, and only a detailed consultation with an experienced personal injury lawyer can tell you what compensation you may expect. However, in general, you could recover damages in a pedestrian accident settlement such as:

  • Medical costs you already incurred, including hospitalization, outpatient procedures, prescription meds, and rehabilitation
  • Medical care you’ll likely need in the future
  • Missed wages and reduced earning capacity
  • The costs of repairing or replacing your vehicle
  • Intangible losses (a.k.a. pain and suffering)

Proving Your Losses

While some of your losses will be easy enough to document, others, like emotional distress, may be harder to prove. You’ll need a skilled lawyer to help you claim the maximum available compensation.

Save all documentation that records your accident-related costs, like medical bills, pay stubs, and auto repair shop bills. Also note miscellaneous costs like household or childcare help you had to hire because of your condition and any accommodations you needed to make to your house, such as installing wheelchair-accessible features.

What If Both the Pedestrian and the Motorist Share Fault?

The answer to “When is a pedestrian at fault for a car accident?” isn’t always clear-cut. In some situations, the pedestrian and the driver may share responsibility. For example, maybe the pedestrian jaywalked instead of using an available crosswalk while the driver was speeding. In this situation, each side may try to prove that the other’s negligence was the primary cause of the accident.

In Texas, you can still claim compensation if you’re partially responsible for a car accident, as long as your portion of shared fault doesn’t exceed 50%. The compensation drops according to the degree of fault. For example, if you’re 20% responsible for the accident and your claim is worth $50,000, your total payout will be 80% of that amount, or $40,000.

Do You Believe a Pedestrian’s Actions Caused Your Accident? Call The Dow Law Firm

If you are asking, “When is a pedestrian at fault for a car accident in Texas?” or are unsure how liability plays out in your accident, contact us at The Dow Law Firm. Our legal team will let you know whether you have a case and handle your accident claim from A to Z. 

Call (512) 240-9951 or contact us online to schedule your free consultation.