Pedestrian Accidents: Who is at Fault?

Pedestrian accidents are a significant concern in Corpus Christi, Texas, where bustling streets and a mix of traffic types create a dynamic environment for both drivers and pedestrians. Understanding who is at fault in pedestrian accidents is crucial for ensuring that victims receive appropriate compensation and that similar incidents are prevented in the future. This blog aims to explore the complexities of fault in pedestrian accidents, providing insights into how liability is determined and what steps victims should take to protect their rights.

If you were injured in a pedestrian accident in Texas, contact the experienced Corpus Christi pedestrian accident lawyers at The Edwards Law Firm. We can protect your rights and assist you in your pursuit of maximum damages.

The Basics of Pedestrian Accidents

Pedestrian accidents occur when a vehicle strikes an individual who is walking or standing on or near a roadway. These accidents can vary in severity, from minor injuries to fatal outcomes. Determining fault in these cases involves analyzing the circumstances surrounding the accident, including the actions of both the pedestrian and the driver involved.

Key Factors in Determining Fault

Several factors come into play when determining fault in pedestrian accidents. Each element must be carefully examined to establish who was responsible for the incident. Here are some crucial aspects to consider:

• Traffic Signals and Crosswalks: One of the first factors to assess is whether the pedestrian was crossing at a designated crosswalk and if traffic signals were followed. Drivers must yield to pedestrians in crosswalks, and failure to do so can result in liability. Conversely, pedestrians must obey traffic signals and use crosswalks where available. If a pedestrian was jaywalking or crossing against a signal, they might share some responsibility for the accident.
• Driver Behavior: Evaluating the driver's behavior is essential in determining fault. Key aspects include speed, attentiveness, and adherence to traffic laws. Drivers who are speeding, distracted (e.g., using a phone), or driving under the influence of alcohol or drugs are more likely to be found at fault. Evidence such as traffic camera footage, witness statements, and police reports can help establish whether the driver’s actions contributed to the accident.
• Pedestrian Actions: Pedestrians also have responsibilities that can impact fault. They should avoid sudden movements in traffic, use crosswalks, and follow pedestrian signals. If a pedestrian darted out into the street unexpectedly or was behaving recklessly, they may bear some responsibility for the accident. However, even if a pedestrian is partly at fault, drivers must exercise reasonable care to avoid accidents.
• Road Conditions and Visibility: Poor road conditions, such as potholes or inadequate lighting, can contribute to pedestrian accidents. Additionally, factors like weather conditions or obstructed views can affect both drivers and pedestrians. For instance, if a driver cannot see a pedestrian due to obscured visibility or poor weather, this may influence fault determination. However, drivers are still expected to adjust their driving to account for these conditions.
• Local Traffic Laws: Texas traffic laws and regulations play a significant role in determining fault. Texas law requires drivers to yield to pedestrians in crosswalks and to exercise caution when driving near pedestrians. Familiarizing yourself with local traffic laws can help clarify how they apply to your specific case and influence fault determination.

Shared Fault and Comparative Negligence

In some cases, fault in pedestrian accidents may be shared between the driver and the pedestrian. Texas follows a modified comparative negligence rule, meaning that if both parties are found to be at fault, the degree of fault will affect the compensation each party can recover. For example, if a pedestrian is found to be 30% at fault and the driver 70%, the pedestrian’s compensation would be reduced by their percentage of fault.

Steps to Take After a Pedestrian Accident

If you or a loved one is involved in a pedestrian accident, taking certain steps can help protect your rights and support your case. Here are some important actions to consider:

• Seek Medical Attention: The first priority is to seek medical attention for any injuries. Even if injuries seem minor, it is essential to get evaluated by a healthcare professional to identify and document any potential issues.
• Gather Evidence: Collect as much evidence as possible from the accident scene. This includes taking photos of the scene, vehicle, and any visible injuries. Obtain contact information for witnesses and make note of their statements. Additionally, get a copy of the police report, which will include details about the accident and initial findings on fault.
• Consult a Personal Injury Lawyer: Consulting with a personal injury lawyer experienced in handling pedestrian accident cases is crucial. A lawyer can help you navigate the legal process, gather additional evidence, and advocate on your behalf to ensure you receive fair compensation for your injuries and losses.
• Do Not Admit Fault: Be cautious about admitting fault or making statements that could be used against you. Even if you believe you may have contributed to the accident, it is important to let the legal process determine the extent of liability.
• Document Your Damages: Keep detailed records of all medical treatments, expenses, lost wages, and any other impacts resulting from the accident. This documentation will be essential in pursuing compensation for your damages.

Legal Representation and Compensation

A skilled personal injury lawyer can significantly impact the outcome of your pedestrian accident case. They will work to gather evidence, negotiate with insurance companies, and represent your interests in court if necessary. Compensation in pedestrian accident cases may include:

• Medical Expenses: Coverage for past and future medical treatments related to the injury.
• Lost Wages: Remuneration for lost wages due to the inability to work.
• Pain and Suffering: Damages for physical pain and emotional distress.
• Property Damage: Reimbursement for any damage to personal property.

The Edwards Law Firm

Pedestrian accidents can be complex, with various factors influencing fault and liability. Understanding these factors and taking appropriate actions can help ensure that victims receive the compensation they deserve. At the Edwards Law Firm in Corpus Christi, we are dedicated to providing knowledgeable and compassionate legal representation to help you navigate the aftermath of a pedestrian accident. If you or a loved one has been involved in a pedestrian accident, contact us today at (361) 320-6752 or by filling out our online contact form to schedule a consultation and discuss your case. Our experienced Corpus Christi pedestrian accident lawyers are here to support you through every step of the legal process and advocate for your rights.