Pedestrians are among the most vulnerable road users in Texas. Unlike drivers, they have no physical barriers to protect them in the event of an accident. This makes them highly susceptible to serious injuries when accidents occur. Understanding the legal protections and rights of pedestrians in Texas is crucial for anyone who walks along roadways, as well as for drivers who share the road with them. Knowing your rights as a pedestrian can make a significant difference if you're ever involved in an accident.
The Duty of Care Between Pedestrians and Drivers
In Texas, both drivers and pedestrians have a legal duty to exercise reasonable care to avoid accidents. This duty of care applies to both parties equally, meaning that both must act responsibly to prevent injuries. Drivers are required to be mindful of pedestrians, especially in areas where they are more likely to be present, such as crosswalks, sidewalks, and school zones.
Similarly, pedestrians must also take reasonable precautions for their own safety. This includes obeying traffic signals, using crosswalks when available, and avoiding sudden movements into the roadway. If either party fails to meet this duty of care, they may be held responsible for the resulting accident.
Right-of-Way Laws for Pedestrians
Pedestrian right-of-way laws play a critical role in determining fault when an accident occurs. In Texas, pedestrians generally have the right of way when they are in a marked crosswalk or crossing at an intersection with a traffic signal. However, this right is not absolute. Pedestrians must still exercise caution and ensure it is safe to cross before stepping into the street. If a pedestrian suddenly darts into the path of an oncoming vehicle, they may be considered at fault, even if they are in a crosswalk.
Additionally, Texas law requires drivers to yield to pedestrians who are already in a crosswalk, whether marked or unmarked, at intersections. Drivers must stop and allow the pedestrian to safely cross the street before proceeding. However, pedestrians do not have the right of way when crossing in areas other than marked or unmarked crosswalks (jaywalking). In these situations, pedestrians must yield to vehicles on the road.
Comparative Fault in Pedestrian Accidents
In some pedestrian accidents, both the driver and the pedestrian may share some degree of fault. Texas follows a legal doctrine called "modified comparative fault." Under this rule, an injured party can still recover compensation as long as they are not more than 50% responsible for the accident. However, the amount of compensation is reduced in proportion to their percentage of fault.
For example, if a pedestrian was found to be 20% at fault for an accident—perhaps they were distracted and crossed without paying attention—their compensation would be reduced by 20%. If the court awarded them $100,000 in damages, they would only receive $80,000. On the other hand, if the pedestrian was found to be more than 50% responsible for the accident, they would be barred from recovering any compensation at all.
Legal Obligations of Drivers
Texas law imposes several specific obligations on drivers when it comes to avoiding pedestrian accidents. Failure to follow these laws can result in civil liability, as well as criminal charges in certain cases. Some key legal obligations include:
- Yielding to Pedestrians in Crosswalks: As mentioned earlier, drivers are required to stop and yield to pedestrians in crosswalks, whether marked or unmarked. This is particularly important in areas with heavy foot traffic, such as downtown districts or near schools.
- Exercising Caution in School Zones: Drivers must reduce their speed in school zones and watch for children crossing the street, especially during school hours. Failing to slow down or stop for children can result in severe legal penalties.
- Obeying Traffic Signals and Signs: Drivers must comply with all traffic control devices, such as stop signs and traffic lights. Failing to do so can result in liability if an accident occurs. For instance, running a red light and hitting a pedestrian in a crosswalk could make the driver fully responsible for the accident.
- Avoiding Distracted Driving: Texting while driving, eating, or engaging in other distractions can lead to accidents. Texas law prohibits texting while driving, and drivers who are found to be distracted during a pedestrian accident may face serious legal consequences.
- Driving at a Safe Speed: Drivers are required to maintain a speed that is appropriate for the conditions. In adverse weather, such as rain or fog, they must slow down to avoid endangering pedestrians. Even if they are driving under the posted speed limit, a driver may be liable if they are going too fast for the conditions and cause an accident.
Steps to Take After a Pedestrian Accident
If you are a pedestrian who has been involved in an accident, taking certain steps immediately after the incident can help protect your rights and strengthen your potential personal injury claim:
- Seek Medical Attention: Even if you feel fine after the accident, it’s important to get checked by a medical professional. Some injuries may not be immediately apparent, such as concussions or internal injuries. Medical records will also serve as key evidence if you decide to pursue a personal injury claim.
- Call the Police: Report the accident to local authorities and make sure an official report is filed. A police report can be valuable evidence in determining fault and documenting the details of the accident.
- Gather Evidence: If possible, take photographs of the scene, including the vehicle, road conditions, and any visible injuries. If there were witnesses to the accident, get their contact information as well.
- Contact an Attorney: Navigating the legal aftermath of a pedestrian accident can be complicated, especially when it comes to determining fault and negotiating with insurance companies. An experienced personal injury attorney can help you understand your legal options and guide you through the process.
Compensation for Pedestrian Injuries
In Texas, pedestrians who are injured due to a driver's negligence may be entitled to several types of compensation. These can include:
- Medical expenses: This covers the cost of emergency care, hospitalization, rehabilitation, and any future medical treatment related to the accident.
- Lost wages: If your injuries prevent you from working, you may be able to recover lost income. In cases of long-term or permanent disability, compensation may include loss of future earnings.
- Pain and suffering: Pedestrians can seek compensation for the physical pain and emotional distress caused by the accident. This is often one of the largest components of a personal injury settlement or verdict.
- Property damage: If your personal belongings, such as a smartphone or bicycle, were damaged in the accident, you may be able to recover the cost of repairing or replacing them.
Speak to a Texas Accident Attorney Today
Pedestrians in Texas have important legal rights, but understanding the laws that protect them is key to exercising those rights. If you or a loved one has been injured in a pedestrian accident, knowing the responsibilities of both drivers and pedestrians is crucial for making informed decisions. Consulting with an attorney can provide the clarity you need and ensure your rights are fully protected. Chelsie King Garza is an experienced personal injury attorney who can help you navigate the legal process and fight for the compensation you deserve. Get in touch today to discuss your case and get the expert legal support you need.
