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Can a Pedestrian Face Liability in a Pedestrian Accident Case?

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In cases of pedestrian accidents, the pedestrian almost always suffers the most significant injuries in the collision and incurs the most damages. To cover those losses, injured pedestrians are compensated by the driver or their insurance company. However, this does not mean that the pedestrian is not partially at fault for the accident. Pedestrians can be negligent and contribute to pedestrian accidents, and their compensation may be reduced accordingly.

Types of Pedestrian Negligence

Responsibility does not fall solely on drivers. In addition to the responsibility of people in cars to drive safely and watch for pedestrians, pedestrians have a responsibility to watch for cars and ensure they cross the street with caution. The failure to do this can not only result in injury, but can result in reduced compensation for a pedestrian who is partially at fault for their injuries.

A pedestrian may be identified as liable in a pedestrian accident case if any of the following behaviors led to their injuries:

  • Jaywalking
  • Walking through a parking lot or other area where pedestrians are not permitted
  • Crossing the street without a signal
  • Standing behind a car before crossing the street
  • Crossing a street too quickly or too slowly
  • Standing in a busy street

Comparative Negligence and Contributory Negligence in Texas

In Texas, the state negligence laws consider the likelihood that multiple parties may be at fault for an accident. This includes pedestrians and others who are injured in collisions. To account for such situations, Texas law employs the principles of comparative negligence and contributory negligence. Essentially, this means that a person’s compensation can be reduced according to their level of liability for a pedestrian accident. For example, a pedestrian who jaywalks may be determined to be 20% at fault for a pedestrian accident and would therefore have their compensation reduced by that amount. Pedestrians who are at fault for pedestrian accidents are only barred from receiving compensation if their level of fault is determined to be greater than the fault of the defendant.

Contact Daspit Law Firm today if you or a loved one was injured in a pedestrian accident. We are available to discuss your situation and get started on your case.

Send us a message or call (888) 273-1045 for a free consultation with our attorneys.

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