If you were a pedestrian injured in a road accident, you might believe that the driver was automatically at fault. But pedestrians can be at fault for road accidents in Texas and liable for injuries and property damage in an accident. Who is at fault depends on the specifics of the case. Consulting with a pedestrian accident lawyer can help.
Determining Who is at Fault in a Road Accident
We can help you decide if you have a case based on the following criteria:
- Law violation: Did either you or the driver violate any pedestrian or driving laws? For instance, did you jaywalk? Did the driver fail to stop at a red light?
- Negligence: Either you or the driver may have failed to take proper care in your actions, or follow the applicable traffic laws
- Distraction: The driver or you may have been looking at your phone. You may have been distracted by the actions of another person
- Recklessness: The driver or you may have lacked regard for the dangers and consequences associated with this type of claim
Knowing Your Legal Rights As a Pedestrian
Pedestrians have the right of way in certain road conditions or areas. When you consult with our personal injury lawyers, we may revisit the scene of the accident to determine if you had the right of way. Although you may believe that pedestrians have the right of way in all circumstances, your case may prove otherwise. Pedestrians can be at fault for road accidents in Texas when they fail to follow the laws.
Texas Pedestrian Laws
According to Texas Transportation Code, Title 7 §552, pedestrians do not have legal access to all roadways. In many districts, pedestrians are forbidden to walk across highways, bridges, and busy roads in high-traffic areas. Roads, where pedestrians have access, contain rules, traffic signals, and signs that instruct pedestrians on how and when to cross a street. In addition, under §552.006 a pedestrian must use a sidewalk when provided and available.
This means where the accident occurred could make a huge difference in your case as well as the specifics in who had the right of way.
Pedestrian Liability in a Road Accident Case
If the court determines that the accident was your fault, you may be liable for the following:
- Driver injury: If the driver was injured, you could be responsible for paying emergency room expenses, as well as extended care and prescriptions.
- Property damage: You will be responsible for vehicle damage. You may also be liable for any damage done to private or public property.
- Lost wages: If the driver lost wages due to recovering from injuries, you may have to provide compensation.
- Fines: You may have to pay penalties for violating pedestrian laws while accessing the road.
A Shared Fault Accident Case
In a shared fault case, both the driver and you are partially to blame for the road accident. Thus, the Texas courts may assign proportionate responsibility and reduce compensation to both sides accordingly. For you to receive partial or full compensation for your injuries, the court has to determine that you were less than 50% responsible for the accident.
Our lawyers can look at the facts of the case and help you pursue compensation. We can interview key witnesses in the case and consult medical experts and law enforcement to establish who was at fault and the amount of compensation you should pursue. We can represent you during litigation and help protect your rights under the law.
Uninsured Motorists in a Pedestrian Accident
If the motorist is an uninsured motorist, there may be additional options to help you pursue compensation:
- If the accident is your fault: The uninsured motorist may face penalties and fines, but the court is unlikely to award you compensation for your injuries.
- If the accident is the driver’s fault: You may be eligible to receive compensation from your insurance company if the driver is unable to pay part or all of your damages.
- If the accident is a shared fault: You may still have to pay compensation to the uninsured driver for damages.
How Do You Know if You Need a Lawyer?
If you feel that the driver is at fault for your injuries, you may want to consult with a lawyer. Hiring a lawyer to pursue a claim may be your best option.
An attorney will help you navigate through challenging and complex litigation that could take months or years to solve. Without a lawyer, you could be overwhelmed by the process. An attorney can represent you while you are recovering from your injuries.
Settling Your Case Out of Court Before Trial
If both parties come to an agreement before a trial, your case may never see the inside of a courtroom. There are benefits to settling your case out of court:
- Settling out of court is less expensive than taking your case to trial.
- Settling out of court is less stressful.
- Trials and appeals can take years to process.
- Both parties can handle settlements discreetly.
Contact a Pedestrian Accident Lawyer in Today
offers legal services for pedestrians injured in a road accident. We provide consultation and will represent you in your case. If you or a family member have recently been hit by a car, we can help you through this difficult time. Get a free, no-obligation consultation from one of our personal injury lawyers who can answer your questions and help you file a claim.
To schedule an initial consultation, contact us today at 713-850-8600.