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Car vs. Pedestrian: Who Is At Fault?

Car vs. Pedestrian Who Is At Fault

Navigating the aftermath of a car versus pedestrian accident can be as perplexing as stressful. Understanding who is at fault is crucial for the parties involved, especially regarding legal matters and potential compensation.

In Texas, determining fault involves examining the details of the accident, the laws that apply, and the actions of those involved. Whether you are the driver or the pedestrian, consulting with a pedestrian accident lawyer is vital in ensuring your rights are protected.

Understanding Fault in Pedestrian Accidents

Fault in pedestrian accidents can be complicated. Both drivers and pedestrians must adhere to road rules, and a violation by either party can lead to disastrous consequences. In Texas, a driver is required to yield the right of way to pedestrians at crosswalks and intersections. However, pedestrians are also expected to obey walk signals and use crosswalks where available.

When an accident occurs, the fault is determined by who acted negligently or failed to abide by the law. A pedestrian accident lawyer can help decipher these laws and determine fault in the complex tapestry of personal injury law.

Common Scenarios of Pedestrian Accidents

Pedestrian accidents can occur under various circumstances. Some common scenarios include:

  • Jaywalking: If pedestrians cross the street outside a crosswalk or against the signal, they may be found at fault.
  • Distracted Driving: If drivers are not paying attention—perhaps texting or engaging in other distractions—they could be liable for hitting a pedestrian.
  • Speeding: A driver exceeding the speed limit has less time to react to pedestrians, which can be a significant factor in assigning fault.
  • Intoxication: Whether it’s the pedestrian or the driver, intoxication can heavily influence who is at fault due to impaired judgment and reflexes.

The Role of Comparative Fault in Texas

Texas follows a modified comparative fault rule, which means that a pedestrian can recover damages only if found to be less than 51% at fault for the accident. The percentage of fault reduces the amount of compensation. A skilled car accident lawyer can evaluate all aspects of the accident and present evidence to minimize your degree of fault in the incident.

Steps to Take After a Pedestrian Accident

Immediately following a pedestrian accident, there are critical steps that should be taken:

  • Seek Medical Attention: Health comes first. Even if injuries seem minor, it is essential to get a medical evaluation, as some injuries may not be immediately apparent.
  • Report the Accident: The accident should be reported to the police. A police report provides an official record that is invaluable in legal proceedings.
  • Document Everything: Take photos, gather witness information, and jot down your recollections of the event.
  • Consult a Lawyer: Before engaging with insurance companies or accepting settlements, ask a pedestrian accident lawyer to explore your options.

Why You Need a Pedestrian Accident Lawyer

Legal expertise is crucial when navigating the complex realm of accident fault determination. Here’s why you should consider hiring a pedestrian accident lawyer:

  • Legal Knowledge: Lawyers are well-versed in state laws and can apply this knowledge to your case.
  • Investigation: An experienced lawyer will thoroughly investigate the accident to gather evidence supporting your claim.
  • Negotiation Skills: Lawyers have the skills to negotiate with insurance companies to ensure you receive fair compensation.
  • Court Representation: If your case goes to court, a lawyer will be invaluable in advocating on your behalf.

What Compensation Can You Expect?

Compensation in pedestrian accidents can cover various expenses, including:

  • Medical bills
  • Rehabilitation costs
  • Lost wages
  • Pain and suffering
  • Emotional distress

The exact compensation will depend on the case’s specifics, the degree of fault, and the extent of the injuries and losses suffered.

Preventing Pedestrian Accidents

Prevention is crucial in reducing pedestrian accidents. Drivers should remain vigilant, adhere to speed limits, and never drive under the influence. Pedestrians should use crosswalks, follow traffic signals, and stay alert while crossing roads. By following these guidelines, drivers and pedestrians can contribute to safer roads.

Contact the Burkett Law Firm

If you or a loved one has been involved in a pedestrian accident, the Burkett Law Firm in Texas stands ready to assist you. Our dedicated team will provide you with the professional and engaging representation you need. We are committed to helping you navigate this challenging time and work towards your deserved compensation.

Car versus pedestrian accidents are complex events, and determining who is at fault is a nuanced process. By engaging with the Burkett Law Firm, you will have a committed personal injury lawyer to guide you through each step.

Remember, as either a driver or a pedestrian, your actions can significantly impact the outcome of your case. Contact us today to ensure your case is handled with the attention and expertise it warrants.


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