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Blogs 2018 January Can a Pedestrian Be Held Liable in a Car-Pedestrian Accident?
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Can a Pedestrian Be Held Liable in a Car-Pedestrian Accident?

Posted By Law Office of James M. Stanley || 5-Jan-2018

Many people are familiar with the saying “the pedestrian has the right of way.” So, when it comes to accidents between cars and 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:

  • Jaywalking
  • 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, or causeway

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, contact our Fort Worth personal injury lawyer at the Law Office of James M. Stanley today.

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The following is a sampling of some of the many cases we have had the privilege to handle on behalf of our clients. Each case is unique and must be evaluated on its own merits. Past results do not predict future results.​​

  • Catastrophic High Pressure Water Injury Resulting in Ruptured Colon, Infections, Multiple Surgeries Required

    NET TO CLIENT $3,069,546.66

  • Catastrophic Brain Injury/Motor Vehicle Accident

    NET TO CLIENT $3,018,051.78

  • Electrocution involving Defective Product

    NET TO CLIENT $2,491,510.87

  • Wrongful Death caused by Employer Negligence

    NET TO CLIENT $1,119,736.98

  • Grandmother seriously injured when rear-ended by 18-wheeler oil

    NET TO CLIENT $977,516.95

  • Wrongful Death due to Employer Negligence

    NET TO CLIENT $852,773.73

  • Wrongful Death caused by Employer Negligence.

    NET TO CLIENT $841,000.00

  • Catastrophic Injury caused by Defective Product.

    NET TO CLIENT $714,000.00

  • Wrongful Death caused by Employer Negligence

    NET TO CLIENT $728,664.19

  • Serious injury caused by 18-Wheeler blocking road

    NET TO CLIENT $584,309.41

  • Wrongful Death caused by Medical Malpractice.

    NET TO CLIENT $443,360.00

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    NET TO CLIENT $461,423.23

  • Wrongful Death of a Fetus and Serious Personal Injury

    NET TO CLIENT $584,062.75

  • Wrongful Deaths

    NET TO CLIENT $532,211.06

  • Wrongful Death of a child

    NET TO CLIENT $499,266.40

  • Serious injuries to driver of 18-wheeler

    NET TO CLIENT $465,230.35

  • Wrongful Death caused by Medical Malpractice.

    NET TO CLIENT $359,520.00

  • Wrongful Death of a Child

    NET TO CLIENT $303,070.11

  • Wrongful Death of a Child

    NET TO CLIENT $380,345.57

  • Wrongful Death caused by physician negligence

    NET TO CLIENT$345,526.90

  • Serious Personal Injury

    NET TO CLIENT $352,813.23

  • Wrongful Death of a Child

    NET TO CLIENT $320,706.81

  • Medical negligence by hospital

    NET TO CLIENT $284,156.68

  • Wrongful Death Alcohol-Related Accident

    NET TO CLIENT $341,061.50


*The amounts reflected are the actual dollar amounts received by clients after deduction of attorney’s fees and expenses.
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