When a collision occurs between a vehicle and a pedestrian, many people assume that the driver is at fault. However, under Texas law, pedestrians can share fault for an accident. Understanding how liability works is crucial if you are seeking compensation after a pedestrian-vehicle crash.
Common situations where pedestrians might share the fault
Insurance companies and, if necessary, the courts evaluate whether both the driver and pedestrian exercised reasonable care under the circumstances. A pedestrian is frequently assigned a percentage of fault in situations including:
- Jaywalking: Crossing mid-block outside of a designated crosswalk
- Ignoring traffic signals: Entering an intersection against a pedestrian traffic signal or other applicable traffic signal device
- Getting into traffic: Stepping suddenly off a curb into the path of an oncoming vehicle without allowing sufficient time for the driver to react
- Walking on restricted roadways: Intentionally walking on roadways where pedestrian access is restricted
- Pedestrian intoxication: Walking while impaired by alcohol or drugs, if the impairment contributes to the accident
Texas law follows a modified comparative fault rule, where an injured party could recover financial compensation, as long as their share of responsibility is 50% or less. If a pedestrian’s share of fault reaches 51% or more, they could be completely barred from recovering any compensation from the driver.
What to do if you were hit
Recovering from a pedestrian accident is physically and emotionally challenging; worrying about who is at fault only adds to the stress. Even if you made an error while walking, the driver might still bear the majority of responsibility if they were speeding, distracted or failed to brake in time. Before accepting a denial from your insurer, consulting with a legal professional could help you evaluate the context of the crash and understand your options for pursuing compensation.