Who’s at Fault?
Pedestrian accidents can lead to devastating injuries and complex legal questions, especially when it comes to determining fault. Texas law considers many different factors when assigning responsibility in these cases, including right-of-way rules, traffic violations, and the behavior of each party involved. Whether you were hit while crossing the street or involved in an unexpected roadway incident, knowing your rights is the first step toward justice and recovery.
At the Law Office of Shane McClelland, we’re dedicated to protecting injured pedestrians across Texas. If you or a loved one has been injured in a pedestrian accident, call us today for a free consultation at (713) 597-4836.
We’ll help you understand your legal options and fight for the compensation you deserve.
Can a Pedestrian Be Found at Fault for an Accident in Texas?
Yes. In Texas, pedestrians can be found partially or fully at fault for an accident, depending on the circumstances. While drivers are typically required to exercise caution around pedestrians, pedestrians also have a legal responsibility to follow traffic laws. This includes obeying traffic signals, using designated crosswalks, and not suddenly entering the roadway.
If a pedestrian violates a traffic law or acts negligently, like crossing the street outside of a crosswalk, they could be assigned a percentage of fault. Under Texas’s modified comparative negligence rule, a pedestrian who is 51% or more at fault can’t recover damages from the driver. If they are less than 51% at fault, their compensation is reduced by their percentage of fault.
Why Legal Representation Matters for Pedestrian Victims
Pedestrian accident cases often involve complex liability disputes, insurance company tactics, and detailed accident reconstructions. An experienced attorney can step in quickly to order and preserve evidence, such as surveillance footage that might otherwise be erased. Lawyers also handle all negotiations with insurers, pushing back against attempts to undervalue your claim or assign you an unfair share of fault.
Importantly, your ability to recover damages in a civil claim does not depend on whether the driver is criminally charged or convicted. Civil cases focus on financial recovery for your injuries and losses, not on criminal penalties. With strong legal representation, you have a better chance of securing the full compensation you deserve for medical costs, lost income, pain and suffering, and other damages.
What Should I Do After a Pedestrian Accident?
In the moments following a pedestrian accident, your health and safety come first. Seek medical attention immediately, even if your injuries appear minor. Some injuries like concussions or internal bleeding may not be obvious right away but can become serious without prompt treatment. Reporting the accident to the police and obtaining an official crash report is equally important, as it provides an objective record that can help establish what happened.
Once your immediate medical needs are addressed, start preserving evidence. This can include taking photos of the accident scene, your injuries, the layout of sidewalks or crosswalks, traffic signals, and any vehicle damage. If there are witnesses, collect their contact information, and ask if nearby businesses or traffic cameras captured the incident. Avoid giving recorded statements to insurance companies before speaking with an attorney.
What Are My Legal Rights as a Pedestrian Hit by a Vehicle in Texas?
If you’re a pedestrian and you were hit by a car in Texas, you have the right to pursue compensation for your injuries, medical expenses, lost wages, and pain and suffering — provided the driver was partially or fully at fault.
You also have the right to file a personal injury claim against the at-fault party. If you don’t know the identity of the driver — for example, they fled the scene — you could still have compensation options through uninsured motorist coverage or a civil claim, depending on the situation.
What Evidence Is Important When Proving Fault in a Pedestrian Accident Case?
Establishing fault in a pedestrian accident case in Texas requires thorough documentation and investigation. Critical pieces of evidence may include:
- Police reports detailing the scene and any citations issued
- Eyewitness statements from bystanders who saw the accident occur
- Traffic camera or surveillance footage capturing the incident
- Photos of the accident scene, vehicle damage, injuries, and crosswalks or traffic signals
- Medical records proving the extent and cause of injuries
- Expert testimony, such as accident reconstruction specialists
A skilled pedestrian accident lawyer can assist you in gathering the evidence you need for a strong case.
Pedestrian Right-of-Way: Statutory Details & Practical Scenarios
Texas law, under Texas Transportation Code § 552.003, clearly outlines the rules for pedestrian right-of-way. Drivers must yield to pedestrians in marked or unmarked crosswalks when there is no traffic signal or when the pedestrian has the right-of-way under the signal. Pedestrians also have a responsibility to avoid suddenly leaving a curb or safe area and entering the path of a vehicle that is too close to stop safely.
In real-world terms, if you are crossing at a marked crosswalk with a “walk” signal, vehicles must stop to let you pass. But if you step into the street from between parked cars without looking and a vehicle cannot stop in time, you could be found partially or even primarily at fault.
For example, if a pedestrian begins crossing in an unmarked crosswalk at an intersection with no traffic light, the approaching driver must yield. However, if the pedestrian suddenly steps into the lane when the vehicle is only a short distance away, the driver may not be held legally responsible, and the pedestrian’s damages could be reduced under Texas’s comparative negligence rules.
Contact Us Today
If you’ve been injured in a pedestrian accident, you need clear answers, trusted representation, and an advocate for your rights.
The Law Office of Shane McClelland is here to help. Call (713) 597-4836 now to schedule your free, no-obligation consultation and take the first step toward protecting your future.
