Who’s at Fault? Understanding Liability in Houston Pedestrian Accidents
Questions about what to do after your accident? Call the Adley Law Firm for a free consultation.
Houston, a vibrant and bustling city, is known for its heavy traffic and active pedestrian population. Unfortunately, this combination often leads to accidents involving pedestrians and vehicles. Determining fault in a pedestrian accident is not always straightforward and depends on various factors, including the location of the accident, the actions of the pedestrian and driver, and applicable traffic laws.
Whether you were hit at a crosswalk, intersection, or while crossing outside of a designated area, understanding how fault is determined is essential for pursuing compensation. The Adley Law Firm, with over 30 years of experience, has helped countless accident victims recover the damages they deserve.
How Fault Is Determined in Pedestrian Accidents
In Texas, fault in a pedestrian accident is based on negligence. To establish fault, it must be proven that:
- The at-fault party owed a duty of care.
- They breached that duty of care.
- The breach directly caused the accident and resulting injuries.
Both drivers and pedestrians share responsibilities on the road, and fault can be attributed to either or both parties depending on the circumstances.
Fault Scenarios at Crosswalks
Crosswalks are one of the most common locations for pedestrian accidents, and determining fault often hinges on whether the pedestrian or driver followed traffic laws.
Marked Crosswalks
- Driver Responsibility: Drivers must yield to pedestrians who are in a marked crosswalk when there are no traffic signals. A failure to stop or slow down for a pedestrian in a crosswalk is often considered driver negligence.
- Pedestrian Responsibility: Pedestrians must use caution when stepping into a crosswalk. If a pedestrian enters suddenly, leaving the driver no time to stop, the pedestrian may share or bear full responsibility for the accident.
Unmarked Crosswalks
Unmarked crosswalks, often found at intersections, can create ambiguity in determining fault.
- Driver Responsibility: Drivers are still required to exercise caution and yield to pedestrians crossing at an unmarked crosswalk if it’s safe to do so.
- Pedestrian Responsibility: Pedestrians should ensure there is enough time for vehicles to stop before entering the roadway. Darting into traffic may lead to a finding of fault against the pedestrian.
Accidents at Intersections and Stoplights
Intersections and stoplights are high-risk areas for pedestrian accidents due to the volume of both vehicular and pedestrian traffic.
Driver Fault at Intersections
- Running a red light or failing to stop at a stop sign.
- Failing to yield during a right or left turn, especially at intersections with heavy pedestrian traffic.
- Speeding or driving aggressively in areas where pedestrians are present.
Pedestrian Fault at Intersections
- Crossing against a “Don’t Walk” signal or ignoring traffic lights.
- Entering the intersection after the signal has changed, leaving insufficient time to cross safely.
- Walking outside of designated crossing areas.
Crossing the Street Outside a Crosswalk
While Texas law gives pedestrians the right of way at crosswalks and intersections, crossing the street outside these areas often places additional responsibility on the pedestrian.
Driver Responsibility
- Drivers are required to exercise reasonable care and watch for pedestrians, even outside of designated crossing areas. However, if a pedestrian crosses unexpectedly, the driver may not be at fault.
Pedestrian Responsibility
- Pedestrians crossing outside a crosswalk must yield to vehicles. Jaywalking or crossing in areas with poor visibility may result in the pedestrian being found at fault.
Non-Labeled Crosswalks and Pedestrian Rights
In Houston, non-labeled crosswalks, often referred to as unmarked crosswalks, can be particularly confusing for drivers and pedestrians alike. These are typically found at intersections without painted lines or signals.
Driver Duties
- Drivers are expected to recognize intersections as potential crossing points for pedestrians, even if there are no markings.
- Failure to observe and slow down near intersections could result in driver fault.
Pedestrian Duties
- Pedestrians should use common sense and cross only when it’s safe. Entering the street without ensuring sufficient time for vehicles to stop can result in shared or full fault.
Key Factors That Influence Fault Determination
1. Traffic Laws
Understanding local and state traffic laws is essential for determining fault. Drivers are typically held to a higher standard of care due to the potential for severe injuries to pedestrians.
2. Witness Statements
Eyewitness accounts can clarify what occurred and whether either party violated traffic laws or behaved negligently.
3. Surveillance Footage
Video evidence from nearby businesses or traffic cameras can be invaluable in determining who had the right of way.
4. Speed and Reaction Time
Drivers traveling at excessive speeds may have less time to react to pedestrians, which can be a significant factor in proving negligence.
5. Comparative Fault in Texas
Texas follows a modified comparative negligence rule. If a pedestrian is found to be more than 50% at fault, they cannot recover damages. However, if they are less than 50% at fault, their compensation will be reduced by their percentage of fault.
Common Driver Behaviors Leading to Fault
- Distracted driving, such as texting or using a phone.
- Driving under the influence of drugs or alcohol.
- Failing to yield to pedestrians at crosswalks.
- Ignoring traffic signals or signs.
- Speeding or reckless driving.
Common Pedestrian Behaviors Leading to Fault
- Jaywalking or crossing outside of designated areas.
- Ignoring “Do Not Walk” signals or crossing against traffic lights.
- Walking while distracted by a phone or headphones.
- Entering the street suddenly, leaving drivers no time to stop.
Steps to Take After a Pedestrian Accident in Houston
1. Seek Immediate Medical Attention
Pedestrian accidents often result in severe injuries. Prioritize your health and create a medical record of your injuries.
2. Call the Police
A police report is crucial for documenting the accident and determining fault.
3. Collect Evidence
Take photos of the accident scene, traffic signals, and your injuries. Obtain contact information from witnesses.
4. Avoid Admitting Fault
Do not make statements that could be interpreted as admitting fault.
5. Consult an Experienced Pedestrian Accident Attorney
An attorney can help investigate the accident, negotiate with insurance companies, and build a strong case on your behalf.
How the Adley Law Firm Can Help
The Adley Law Firm has been helping injury victims in Houston for over 30 years. We understand the complexities of determining fault in pedestrian accidents and have the resources to thoroughly investigate your case.
Our Approach Includes:
- Reviewing police reports and medical records.
- Gathering eyewitness accounts and surveillance footage.
- Working with accident reconstruction experts.
- Advocating for your rights against insurance companies.
Contact the Adley Law Firm Today
Determining fault in a Houston pedestrian accident can be complicated, but you don’t have to face it alone. The Adley Law Firm is here to provide the guidance and support you need to pursue fair compensation.
Call us today for a free consultation. Let us help you understand your rights and fight for the justice you deserve.
