Many people are familiar with the saying “the pedestrian has the
right of way.” So, when it comes to accidents between
pedestrians, we first assume that the driver of the vehicle is most likely at fault.
However, that is not always the case. In fact, a pedestrian might even
be liable for a motorist’s damages after a car-pedestrian accident,
depending on the specific circumstances.
All drivers are responsible for operating their vehicles in a careful manner
at all times. Pedestrians have a similar duty of care regarding walking
near roads and streets. If a pedestrian acts in a manner that makes it
extremely difficult—or impossible—for someone driving in a
normal, cautious manner to avoid a crash, a judge or jury will decide
that the pedestrian was at fault for the accident.
Common scenarios which a pedestrian may be found at least partially responsible
for an accident involving a motor vehicle:
- Crossing in the middle of the street, outside of the crosswalk
- Walking a street while intoxicated
- Walking where pedestrian access is prohibited, such as a highway, bridge,
In most cases, not all car-pedestrian accidents have one clear-cut guilty
party and one completely innocent one. For instance, a pedestrian may
be jaywalking, but the driver may be driving faster than the posted speed limit.
Texas is a modified comparative negligence state, meaning that liability
is split according to the percentage of fault to a certain extent. So
if a plaintiff is more than 50 percent at fault for the crash, the plaintiff
is barred from recovering anything at all from the defendant.
If you have been injured in a car accident in Texas,
Fort Worth personal injury lawyer at the
Law Office of James M. Stanley today.