Can Pedestrians Be at Fault for Vehicle Accidents in Texas?
Pedestrians are often blamed for road accidents in Texas because they do not follow traffic laws. They fail to walk on sidewalks, cross streets against traffic lights, run across lanes of traffic, or even step into the street without looking both ways. Sometimes, it is hard to tell whether a person walking along the roadway is a pedestrian or a driver. However, there are some factors that could indicate that someone is responsible for a road accident. These include:
- Whether the pedestrian was wearing dark clothing or reflective gear
- Whether he or she had headphones or earbuds in his or her ears
- Whether he or she was carrying something heavy or bulky
- Whether he or she was texting or talking on the phone
- Whether he or he was intoxicated
- Whether he or she was crossing the street in the middle of the block
Negligence cases are often difficult to prove because it is hard to determine who caused the accident. In some situations, we can use negligence law to show who is responsible for the accident. For example, if you are injured in a car crash, you might sue both the driver and the manufacturer of the vehicle. If you win, you could collect money from either party. This article explains how negligence law works and what evidence you might need to prove that someone else is negligent.Texas Pedestrian Laws That Could Be Relevant to Your Case
Pedestrians are required to obey traffic laws in Texas. In fact, there are several different types of pedestrian violations that you could face during your trip across the Lone Star state. These include:
- Walking on bridges
- Crossing highways without a signal
- Jogging in high-traffic areas
- Wearing headphones while crossing the street
- Not wearing reflective clothing
- Failing to yield to vehicles
If you’re ever involved in a collision involving a pedestrian, it’s important to know what type of violation occurred. This information could help determine how much responsibility each party bears for the accident. For example, if a driver fails to yield to a pedestrian, he or she may be held liable for injuries sustained by the victim. However, if a pedestrian crosses against a red light, he or she may still be held responsible for his or her actions.A Shared Fault Pedestrian Accident Case
In a shared fault case, the driver and pedestrian are both partially responsible for the accident. This type of case occurs when one party is negligent while another party is not. For example, if a car hits a pedestrian because it failed to yield the right of way, the driver is liable for negligence. If the same car hits a pedestrian because the pedestrian walked into traffic without looking, the pedestrian is liable for contributory negligence.
The law recognizes that both parties contributed to the accident and thus reduces the amount of compensation paid to each side. To recover damages, you must prove that you were less than 50% at-fault for the accident. You must also show that the other party was more than 50% at fault.
Our personal injury attorneys can review the facts of your case and determine whether there is enough evidence to support a claim against the other party. We can help you identify witnesses and interview them about what happened during the incident.Form of Financial Recovery You Can Pursue Following a Texas Accident
The law allows us to recover financial losses caused by a car accident. These include medical bills, lost wages, property damage, and funeral costs. However, there are some types of injuries that cannot be compensated for monetarily. For example, pain and suffering, mental anguish, and emotional distress are often difficult to quantify. Therefore, it is important to seek compensation for these types of losses. If you suffered physical injuries, such as broken bones, bruises, or cuts, you may be able to receive monetary compensation for those injuries.
If you sustained psychological trauma as a result of the crash, you could receive money for that too. In addition, if you were involved in a collision while driving under the influence of alcohol or drugs, you may be eligible for punitive damages. This type of award is designed to punish the defendant for his or her reckless behavior. Punitive damages are awarded based on the degree of malice shown by the defendant.Potential Economic Damages for Texas Pedestrian Accident Victims
Pedestrians injured in accidents often suffer serious economic losses. In fact, pedestrian injuries account for roughly one-third of all motor vehicle crashes resulting in death or injury. This report provides information about what types of damages pedestrians can seek compensation for following an accident.You Can Also Recover From Emotional and Physical Losses
Road accidents are often devastating events. They can cause injuries that affect your ability to work, sleep, eat, and even think clearly. If you suffer from emotional distress because of the accident, you could be entitled to compensation for those losses. You can also recover for physical loss, such as medical bills, lost wages, scarring, and disfigurement.Talk to a Lawyer
An experienced accident lawyer in Harris County, Galveston County, Fort Bend County, Montgomery County, Brazoria County, Houston, Sugar Land, Missouri City, and Stafford, Texas at Thornton Esquire Law Group, PLLC, can help you with your accident case. Contact us today at www.thorntonesquirelawgroup.com for a free consultation.