Can a Pedestrian Be Liable for a Car Accident?

When a pedestrian is struck by a vehicle, the results could be life-changing for some. Injury victims may need extensive medical treatment and physical therapy that could last a lifetime.

Although all drivers are legally obligated to yield to pedestrians, there could be times when the pedestrian may be liable for a car accident. Pedestrians also have certain legal duties to avoid accidents with vehicles such as paying attention to traffic signs and signals and not darting out into moving traffic.

If you or a loved one was involved in a pedestrian-related accident, having a knowledgeable attorney on your side could be beneficial to the outcome of your claim.

A car accident lawyer in Fort Worth at Anderson, Cummings & Drawhorn, LLP are offering a free initial consultation to answer any questions you may have about the legal process.

Texas Data on Pedestrian Deaths

There is no doubt that pedestrian traffic fatalities are on the rise in the U.S., according to the latest report issued by the Governors Highway Safety Association. The report indicates that over the past several years, more than 6,000 pedestrians are killed in motor vehicle accidents each year.

The state of Texas has the third most pedestrian traffic fatalities in the U.S. and many of these accidents have occurred in the Fort Worth area. Although the city is always looking for ways to improve pedestrian safety, it is important to understand the rules of the road for both vehicles and pedestrians.

Pedestrian Right-of-Way Laws in Texas

Since pedestrians do not have the same physical protections as a driver would, drivers should always be alert and avoid pedestrians, even when they have the right-of-way. However, both pedestrians and drivers must adhere to certain traffic laws.

In Texas, pedestrians must not suddenly dart out into the path of a moving vehicle that is too close to avoid. Pedestrians should only cross at the crosswalk and wait until the walk signal is shown. If there is no crosswalk, the pedestrian must yield the right-of-way to moving traffic and wait until it is safe to cross the street.

Drivers also have a responsibility to avoid pedestrian accidents by honking when necessary and taking extra precaution when a child or impaired individual is unknowingly on the road. Drivers who fail to follow these laws can be found guilty of a misdemeanor and could be fined up to $500 and ordered to mandatory community service hours.

Pedestrian Liability

If you were found to be at-fault as a pedestrian in a car accident, you could be held liable for damages, such as:

• The driver’s injuries – If the driver was injured, the at-fault pedestrian could be liable for covering medical expenses including emergency care, follow-up doctor visits, prescriptions and assistive medical equipment such as wheelchairs, prosthetics, etc.
• Lost income – Sometimes drivers who are injured in a pedestrian accident could be forced to miss work, which could result in lost income. The pedestrian may be held liable for covering these losses.
• Property damage – Pedestrians could be responsible for damage to the vehicle or any other private or public property.

Shared Fault

If it is determined that both the pedestrian and the driver share some fault for the accident, Texas courts could reduce compensation for both parties, depending on their percentage of fault. However, to qualify for partial or full compensation, you must be less than 50 percent liable for the accident.

Call a Licensed Texas Attorney from Our Firm

If you or a loved one was injured in a pedestrian versus car accident, contact a licensed lawyer at Anderson, Cummings & Drawhorn, LLP today. We charge you no upfront fees for your initial consultation and you will not be obligated to have us represent your claim.

Call (817) 920-9000 anytime 24/7, and someone from our legal team will be glad to walk you through the legal process.