Who Is at Fault In A Pedestrian Accident in Texas?

In this article, you will discover:

• The legal duty drivers owe to pedestrians in Texas.
• Whether injured pedestrians can share fault and still collect under Texas law.
• The most effective evidence in proving driver negligence in a Texas pedestrian accident case.

What Legal Duties Do Texas Drivers Owe To Pedestrians At Crosswalks And Intersections?

A driver’s duty to pedestrians is similar to the duty they owe to other drivers: to exercise care. Specifically, drivers must yield the right-of-way to pedestrians by being mindful of crosswalks, sidewalks, bike lanes, bike paths, or any other areas where pedestrians may be.

For example, as a driver turns from one street to another, they must ensure there’s no one crossing. That includes children or anyone the driver might have difficulty spotting. So, drivers must be more cautious around children and others.

A driver’s duty to pedestrians isn’t more heightened than it is to other drivers. However, it’s more significant because hitting a pedestrian with a car is highly likely to cause serious harm.

Can Injured Pedestrians Share Fault Under Texas Modified Comparative Negligence Laws?

Pedestrians can share fault in situations like if they’re crossing a busy road where they shouldn’t be. In that scenario, they could be considered a contributing cause of the accident.

While that’s rare, it does happen. Texas is a modified comparative fault state, meaning that you can’t recover damages if you are more than 50% or more at fault.

You can still recover if you’re less than 50% at fault, but what you can potentially recover could be reduced by your percentage of fault. That’s why the facts are extremely important in these cases.

What Evidence Is Most Effective In Proving Driver Negligence In A Pedestrian Accident Case?

A crash report is crucial evidence. Any kind of video footage is useful: traffic camera footage, dashcam footage or even security footage from nearby businesses or houses. Witness statements are also helpful, if not always reliable.

If you’re alleging that the at-fault driver was distracted, you look for cell phone records. If you’re alleging that the driver was driving negligently by speeding or doing something they shouldn’t have, you look at the vehicle’s data itself. Most vehicles are equipped with something like a black box that you can pull data from.

What Is The Statute Of Limitations To Pursue Compensation For A Pedestrian Accident In Texas?

The statute of limitations is two years, the same as any personal injury suit. The only exception is the special notice requirement when you’re dealing with a government entity.

In Texas, if a government entity is involved, you must also notify the entity of the incident within 90 days to six months, depending on the jurisdiction. If you fail to do so, you could lose your opportunity to file a claim or lawsuit against them.

When Should I Speak With A Pedestrian Accident Attorney About Protecting My Rights?

It’s never too soon to speak with an attorney regarding your rights. Of course, immediately following the accident, you should first call the police and seek medical attention.

If you feel that someone is at fault for your injuries, you should absolutely call a lawyer as soon as possible. Sooner is better.

Still Have Questions? Ready To Get Started?

For more information on pedestrian accident fault in Texas, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (210) 390-4754 today.