How To Determine Pedestrian Accident Liability in Texas

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How To Determine Pedestrian Accident Liability in Texas

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Have you been in a car accident in Texas? Determining liability for a Texas car accident can be difficult, but it gets even more complicated when a pedestrian is involved.

Pedestrian Accident Liability in Texas:

Walking instead of driving is a positive choice – it decreases harmful vehicle emissions into the environment and helps burn a few extra calories, but some dangers come with walking the roads in Texas. In 2009 alone, there were more than 300 pedestrian accidents in Texas (according to facts published by the Governors Highway Safety Association). These statistics make Texas the 3rd most dangerous state for pedestrians in the nation (behind California and Florida).

Is a Car Accident Involving a Pedestrian Always the Driver’s Fault?

It’s easy to assume the fault for any car accident involving a pedestrian is the motorist’s fault when you look at the extent of the comparative damages. Many are quick to blame the driver of the vehicle regardless of the details surrounding the accident. However, sometimes a pedestrian’s actions can largely contribute to an accident and leave liability for the accident.

Responsibilities of Texas Pedestrians: Being Safe on the Road

Did you know that there is a specific section of the Texas Transportation Code that governs the rules of the road for pedestrians? Some of the guidelines set forth by the Texas Transportation Code are: that pedestrians must:

  • Use sidewalks whenever possible
  • Adhere to Walk/Don’tDon’t Walk signals at traffic lights
  • Stay on the right side of the crosswalk
  • Follow the laws of the road

Crossing the street often puts pedestrians in harm’s way. That’s why Texas state law requires that pedestrians must cross the road at marked crosswalks. When crosswalks aren’t available, pedestrians must yield the right of way to vehicles on the road. When a pedestrian is struck while crossing the road in a designated crosswalk, the liability for the pedestrian accident generally falls to the driver of the vehicle. Suppose a pedestrian is struck while crossing the road outside of a crosswalk (“jaywalking”). They may be held liable for the accident (if it is evident that they did not yield to the vehicle appropriately).

If you were injured in a pedestrian accident or need to file a Texas personal injury claim, don’t hesitate to call the experienced personal injury attorneys at Carrollton’s Hudson Law Firm. We put Personal back into Personal Injury Law.