Can a Pedestrian Be at Fault for an Auto Accident in Texas?

You might assume that the driver involved in a pedestrian accident is always at fault for an accident, but that’s not always the case. Pedestrians are road users and, as such, must follow traffic laws that apply to them. Here is what you need to know about fault when motor vehicles and pedestrians collide.

Pedestrian Laws in Texas

Pedestrians generally have the right-of-way in Texas, including when the motorist has the right to make a left or right turn. Because the potential danger is so grave if a motorist hits a pedestrian, the law puts the responsibility on the motorist to constantly keep a lookout for pedestrians.

Under the Texas Transportation Code, drivers must yield to pedestrians who are crossing in a crosswalk, when traffic signals say “Walk” and pedestrians are walking in the appropriate direction, after a pedestrian steps off the curb to cross a crosswalk, when pulling out of or into a driveway, private road, parking lot, or alley. Drivers can’t pass other drivers stopped for pedestrians. Additional rules apply to pedestrians with disabilities.

Pedestrians have their own rules to follow, including:

• Being required to walk on the sidewalk when there is one
• Only crossing the street when prompted by traffic signals
• Not walking on highways, bridges, or high-traffic streets

Examples of When a Pedestrian Can Be Found at Fault for an Accident

While drivers must generally yield the right of way to pedestrians and must keep a proper lookout for them, pedestrians may be at fault for an accident in San Antonio when they:

• Walk in unpermitted areas, such as bridges
• Disobey a “Do Not Walk” signal
• Walk against a red light
• Walk while intoxicated
• Dart into traffic
• Cross outside a crosswalk at an intersection
• Cross a street diagonally
• Jaywalk
• Walk on the wrong side of the road
• Cross the road when a pedestrian bridge or tunnel for that purpose is available

If a pedestrian fails to act cautiously as another pedestrian would under the circumstances, the pedestrian may be found at fault for the accident.

Texas’ Modified Comparative Negligence Rule and Its Effect on Your Personal Injury Claim

If pedestrians contribute to their injuries in an accident with a motorist who is also negligent, Texas’ modified comparative negligence rule applies. Under this rule, an accident victim cannot seek compensation if they are more than 50% at fault for the accident. If their negligence falls below this threshold, the accident victim can file a claim for compensation, but it is reduced by their degree of fault. So, if the accident victim is found 25% at fault, their damages are reduced by 25% to account for their own proportion of fault. 

Contact Our Pedestrian Accident Lawyers for a Free Consultation

If you were injured in an auto accident in San Antonio, whether you were the driver or the pedestrian, and you believe the other party was at fault, an experienced San Antonio pedestrian accident attorney from The Aguirre Law Firm, PLLC can help. We can investigate your case, review the circumstances leading to the accident, determine fault, and fight for the compensation you’re entitled to under the law. Contact us today to schedule a free consultation.