Are Pedestrians Ever Responsible for Their Own Injuries?~2 min read

In 2020 in Texas, there were 4,852 crashes involving pedestrians resulting in 731 deaths and 1,211 serious injuries. This was a nine percent increase in pedestrian fatalities over 2019. Our Springer & Lyle lawyers can help if you were injured or someone you love was killed in a pedestrian accident.

Many people presume that all pedestrian accidents are the fault of the vehicle driver, but that is not true. Although pedestrians have the right-of-way when they are in a crosswalk at an intersection, there are many situations where the pedestrian does not have the right-of-way and is at fault or partially at fault for the accident and therefore responsible for their own injuries.

When the Pedestrian is at Fault for an Accident

Even when drivers are doing everything right, there are times when the action of a pedestrian makes it impossible for a driver to avoid hitting them. Some of those situations where the pedestrian is at least partially at fault are:

• Pedestrians avoid the crosswalk and cross in the middle of the street and fail to look for oncoming cars.
• Pedestrians cross at the crosswalk but cross against the light and ignore signs that say, “Don’t Walk.”
• Pedestrians darting into the street between two parked cars, so the drivers don’t see them in time to stop.
• Pedestrians text while crossing the street and do not even check for oncoming cars.
• Pedestrians walk along the road at night wearing dark clothes, making it impossible for drivers to see them.
• Pedestrians walk on the side of the road with the flow of traffic instead of facing oncoming traffic as required by law.

Why Fault Matters

Texas is a comparative fault state. That means that the person who is at fault for the accident is the one who pays for the damages. If both the driver and pedestrian were somewhat at fault, they will share responsibility according to the percentage for which each party is deemed to be at fault.

For example, if your damages are $100,000 and you are deemed to be 25 percent at fault for the accident, your damages will be reduced by 25 percent, and you will only collect $75,000. If you are 51 percent at fault or higher, you will collect nothing.

Our personal injury attorneys at Springer & Lyle can help you obtain the reasonable compensation you are entitled for your injuries, lost wages, medical expenses, pain and suffering, and other physical damage. Contact us at 940-387-0404 for a free consultation.