When a car hits a pedestrian, the accident is almost always the driver’s fault. Reckless, distracted, tired, and drunk driving often play a role in these crashes. And the tragic result is all too often a pedestrian injury or death.
In most cases, the injured pedestrian can pursue compensation to cover medical bills, lost income, pain and suffering, and other damages. There are, however, some cases when the pedestrian could be considered at fault for a car accident under Texas law.
If you’re an injured pedestrian and want to discuss the details with an experienced Houston personal injury lawyer, call The Krist Law Firm, P.C. today. The other driver may be to blame, and you may be entitled to compensation. Call (281) 283-8500 for a free, no-obligation consultation.
Pedestrian Fault in Texas Car Accidents
In Texas, the person at fault for an auto accident is legally responsible for compensating any injured parties for their damages. Here are five times a pedestrian could be at fault for a car accident in Texas:
1. Standing in the Road
Under Texas law, you cannot stand in the road for any reason unless you are crossing at a designated crosswalk when a traffic signal has cleared you. That means you cannot stand in the road if you are trying to hail a taxi, rideshare, or flag down a vehicle for any reason.
Standing on the road can create serious hazards. If you are hit while doing this, the driver may not be considered at fault because you put yourself into a dangerous situation.
2. Failing to Obey Traffic Signals
Generally, vehicles must yield to walkers, joggers, and other pedestrians in Texas. That means that you have the right-of-way if you are crossing the street at a crosswalk. But if that crosswalk has a traffic signal, you must obey it.
If you ignore a crosswalk traffic signal and a driver hits you, that accident would likely be considered your fault in Texas.
3. Suddenly Entering the Road
If you intentionally create a situation where the driver could not avoid hitting you, the resulting pedestrian-car accident would likely be considered your fault. That is because Texas law forbids pedestrians from suddenly leaving the curb and entering the road in a way that would make them hard to avoid for a driver.
Keep in mind that you also cannot enter a crosswalk so suddenly that it would make it hard for the driver to yield to you – even if you technically have the right-of-way.
4. Crossing Between Two Signalized Intersections
It is legal for you to cross the street mid-block – for example, not in a marked crosswalk – in Texas if you yield to oncoming traffic, but there is one exception. You cannot cross mid-block between two intersections that have traffic lights.
If a car hit you while crossing the road between two signalized intersections, Texas law might consider you to be at fault.
5. Not Using the Sidewalk
Walking on the side of the road is permitted if there is no accessible sidewalk. But if there is a sidewalk alongside the road, you must use it.
If there is a sidewalk available, failing to use it could make you at fault for any resulting pedestrian accident.
Work With an Experienced Houston Lawyer
No matter what happened in your pedestrian accident, you deserve to know if you’re eligible for compensation. Of course, the at-fault driver and their insurance company will try to point the blame at you. That is why it is so important to contact an attorney after your accident.
The trusted pedestrian accident attorneys at The Krist Law Firm, P.C. can help you sort through the details of your accident, build a strong case, and maximize your settlement amount. To get started, call (281) 283-8500 or fill out our online contact form. There’s no risk in calling because there are no upfront costs, and you owe us nothing unless we recover compensation.