Liability after a pedestrian accident in Texas usually depends on who acted negligently, whether that be drivers, pedestrians, or third parties responsible for road design or maintenance. Since Texas follows a modified comparative fault rule, determining fault is rarely straightforward. Under this rule, your right to compensation can be reduced or eliminated depending on your contribution to the incident.
As a trusted Houston pedestrian accident lawyer, Joe Stephens helps injured Texans fight back against unfair blame and recover the compensation they deserve. With over 40 years of experience and a reputation for standing up to powerful insurance companies, Joe and The Stephens Law Firm provide the personal attention and legal skill you need after a devastating crash anywhere in Texas.
KEY TAKEAWAYS
- In Texas, liability in a pedestrian accident can be attributed to the driver, the pedestrian, or third parties. The driver is often the primary responsible party, but pedestrians can share fault in certain situations.
- Texas follows a modified comparative fault system, where each party is assigned a percentage of responsibility. Pedestrians can still recover damages even if partially at fault, as long as they are not more than 50% responsible for the accident.
- Establishing fault requires strong evidence such as police reports, witness statements, dashcam footage, accident reconstruction, and medical records. This evidence is crucial for proving negligence and determining liability.
- Contacting an attorney early can protect your right to compensation, especially if liability is unclear, injuries are severe, or multiple parties are involved. Joe Stephens can guide you through the legal complexities and ensure fair compensation.
How Pedestrian Accident Liability Works Under Texas Law
Liability refers to the legal responsibility for causing an accident. After a pedestrian accident, determining who is liable depends on facts: who had the right of way, who was paying attention, and who broke the rules of the road.
Investigators and insurance companies look at a variety of evidence to determine fault, including:
- Police reports
- Traffic camera or dashcam footage
- Witness statements
- Cell phone records
- Texas Transportation Code governing pedestrian right-of-way
Texas uses a modified comparative fault system, also called the 51 percent rule. This means you can only recover compensation if you were less than 51 percent at fault for the accident. If a driver was primarily responsible, you may be able to recover full damages, but if you were found mostly at fault, such as by crossing outside a crosswalk or ignoring traffic signals, your recovery could be reduced or denied completely.
Understanding liability can be complex, and insurance companies often try to shift blame. Working with a lawyer who understands how fault is determined under Texas law is the first step toward protecting your claim.
Who Can Be Held Liable for a Pedestrian Accident in Texas?
Liability after a pedestrian accident isn’t always limited to the driver behind the wheel. In many cases, multiple parties share responsibility for what happened. A skilled Houston car accident lawyer like Joe Stephens investigates every possible cause to determine who contributed to the crash and how to hold them accountable.
Negligent Drivers
Most pedestrian accidents happen because of driver negligence. When a driver is distracted, speeding, or under the influence, they put everyone on the road at risk. This risk is exponentially greater for pedestrians who have no protection against impact.
Common examples of driver negligence include:
- Texting or using a phone while driving
- Failing to yield at crosswalks or intersections
- Ignoring traffic signals or stop signs
- Speeding in school zones or residential areas
- Driving while tired or impaired
Pedestrian Liability and Shared Fault
Sometimes, a pedestrian may share a portion of the blame for an accident. Examples include:
- Jaywalking or crossing outside a crosswalk
- Entering the road suddenly
- Crossing against a traffic signal or outside designated zones
Under Texas’s modified comparative negligence law, your compensation can be reduced based on your percentage of fault. For example, if you were found 20 percent at fault, your recovery would be reduced by 20 percent. However, if you are more than 51 percent responsible, you cannot recover any damages.
Vehicle Owners or Employers
In some cases, the person driving isn’t the only one who may be liable. If an employee causes a pedestrian accident while performing work duties, their employer may also be legally responsible. This most commonly occurs with delivery drivers, rideshare operators, and commercial vehicles. Vehicle owners can also share liability if they knowingly let an unsafe or unlicensed driver use their car.
Government Entities or Contractors
Poor lighting, malfunctioning traffic signals, missing crosswalks, or hazardous road designs can all contribute to accidents. When negligence by a county, city, or state agency causes an accident, those entities may be held accountable. However, claims against government bodies in Texas fall under the Texas Tort Claims Act, which sets strict notice and filing deadlines.
How Investigators Determine Fault After a Pedestrian Accident in Texas
Determining fault after a pedestrian accident in Texas requires careful investigation. Police officers, insurance adjusters, and lawyers all review the evidence to piece together what happened and who was responsible. The goal is to understand whether the driver, pedestrian, or another party acted negligently.
Common types of evidence used to determine fault include:
- Police reports and crash scene diagrams
- Dashcam or surveillance footage
- Skid marks, vehicle damage, and roadway debris
- Witness statements and 911 call recordings
- Cell phones or GPS data displaying driver behavior
The sooner this evidence is gathered, the stronger your claim will be. Because physical evidence can disappear quickly and memories fade with time, Joe Stephens moves fast to secure key proof and prevent insurance companies from unfairly shifting the blame.
The Legal Duties Of Pedestrians And Drivers In Texas
Drivers and pedestrians are expected to act responsibly in their roles to reduce the risk of injuries to themselves and others. Pedestrians are assigned the following responsibilities to prevent accidents in the state of Texas:
- Obey traffic control signals
- Use crosswalks at intersections
- Do not suddenly leave the curb or step into the path of a vehicle
- Yield the right-of-way to vehicles when crossing at a point other than a marked or unmarked crosswalk
- Walk on the left side of the roadway facing traffic when no sidewalk is available
Drivers must also adhere to pedestrian safety laws to avoid causing harm, such as:
- Yield to pedestrians in crosswalks
- Use due care to avoid colliding with a pedestrian (which may include slowing, braking, or sounding the horn when reasonably necessary)
- Exercise extra caution around children and confused or incapacitated individuals
These duties can affect not only how an accident happens, but also how fault is assigned. If the evidence shows that a party failed to use reasonable care and that failure contributed to the crash, that party may be assigned a higher percentage of responsibility. In Texas, an injured person can recover damages only if they are not more than 50 percent responsible. If the injured person is found to be more than 50 percent responsible, they are barred from recovering compensation.
What Damages Can Be Recovered After a Pedestrian Accident in Texas?
After a pedestrian accident, the financial and emotional impact can be overwhelming. Texas law allows injured pedestrians to recover compensation, known as damages, for the losses caused by someone else’s negligence.
Recoverable damages may include:
- Present and future medical bills related to your accident injury
- Lost wages and future earning capacity
- Pain and suffering, emotional distress, and loss of enjoyment of life
- Long-term or future care costs for serious or disabling injuries
- Property damage, including personal items destroyed in the crash
If the accident resulted in a fatality, surviving family members may also pursue wrongful death damages, which include funeral expenses, loss of financial support, and compensation for the emotional pain of losing a loved one.
Every case is unique, and the value of a pedestrian accident claim depends on the severity of your injury, shared fault, and insurance coverage. Joe Stephens offers a free, no-obligation case evaluation to help you understand what your claim may be worth and how to pursue full compensation under Texas law.
Why You Need a Pedestrian Accident Lawyer to Protect Your Case in Texas
Insurance companies work quickly after an accident, but their goal is to protect profits by shifting blame onto the victim or offering lowball settlements that don’t cover the full extent of damages. Without experienced legal help, it’s easy to feel pressured into accepting less than you deserve.
Joe Stephens understands these tactics and knows how to help you fight. With over 40 years of experience handling serious injury claims, Joe and The Stephens Law Firm:
- Investigate every detail of the crash to uncover all liable parties
- Gather police reports, witness statements, and expert testimony to build strong evidence
- Negotiate aggressively with insurance companies for maximum compensation
- Take cases to trial when insurers refuse to act fairly
Joe’s case results highlight how his determination and trial experience make a difference for injured Texans seeking recovery for the injuries they suffered.
Contact a Texas Pedestrian Accident Lawyer for a Free Consultation
At The Stephens Law Firm, our clients receive personal attention, open communication, and the confidence of knowing they have one of Texas’s most respected injury lawyers on their side.
If you or a loved one were injured in a pedestrian accident, contact Joe Stephens today for a free, no-obligation consultation. Call (281) 201-0035 or fill out our online contact form to get started.
