Determining Fault in a Houston Pedestrian Accident

Fault Isn’t Always Clear. Let Our Houston Lawyers Help After a Pedestrian Accident

Call the Adley Law Firm for Help Today – You May Be Entitled to Compensation

Houston, a vibrant and bustling city, is known for its heavy traffic and active pedestrian population. Unfortunately, this also means pedestrian accidents are a serious concern. Dozens of pedestrians are injured or killed in Houston each year due to collisions with vehicles. These accidents often result in severe injuries because pedestrians have little protection. When a pedestrian accident occurs, one of the first and most important questions is: who was at fault?

Determining fault in a pedestrian accident is not always straightforward. It depends on various factors, including the location of the accident, the actions of the pedestrian and the driver, and the applicable traffic laws. Texas pedestrian laws outline rights and duties for both drivers and walkers, and breaking these laws can establish fault. Because Texas is an “at-fault” state (not a no-fault state), the at-fault party in an accident (or their insurance) will be responsible for the damages. Understanding how fault is determined in Houston pedestrian accidents is essential for anyone involved in such a crash who plans to pursue compensation.

Read More:

• Legal Definition of Fault and Negligence in Texas
• Common Pedestrian Accident Scenarios in Houston
• When Pedestrians May Be at Fault
• When Drivers May Be at Fault
• Comparative Fault in Texas
• Why Hiring a Houston Pedestrian Accident Lawyer Matters
• Contact Adley Law Firm for a Free Consultation

Who Determines Fault in Texas Pedestrian Accidents

Fault in a pedestrian accident is generally determined by evidence and investigation. Initially, the police officers who respond to the accident will investigate and prepare an accident report. The police report often notes factors like traffic law violations (for example, if the driver was speeding or if the pedestrian was jaywalking) and may even indicate who the officer believes caused the accident. While a police report is an important piece of evidence, it is not the final word on liability.

After an accident, insurance companies become heavily involved. Texas operates under a fault-based insurance system, so the insurance adjusters for the driver (and sometimes for the pedestrian, if the pedestrian has relevant coverage) will review the evidence to decide who was at fault. They will look at the police report, witness statements, traffic camera footage, and other evidence to make a determination. In many cases, the driver’s insurance company will accept responsibility if their insured clearly violated a law or was obviously careless. However, if there is any ambiguity, insurance companies may dispute fault or claim the pedestrian was partly to blame to reduce their payout.

Ultimately, if there is a disagreement about fault that cannot be settled through insurance claims, the question of fault can go to the courts. In a personal injury lawsuit arising from a pedestrian accident, a Texas judge or jury will examine the facts and decide who was negligent and to what extent. They will determine each party’s percentage of fault if both contributed to the accident. In summary, fault is determined by a combination of law enforcement investigation, insurance company assessment, and, if necessary, the court system. Having strong evidence and legal advocacy is key at each step to ensure the correct party is held accountable.

Legal Definition of Fault and Negligence in Texas

Under Texas law, “fault” in an accident is generally based on negligence. Negligence means failing to exercise the level of care that a reasonably prudent person would under similar circumstances, thereby causing harm to someone else. In the context of a Houston pedestrian accident, either a driver or a pedestrian (or both) can be negligent. Determining fault means proving that one party was legally negligent and therefore responsible for the collision.

To establish negligence in Texas, the following elements must be proven:

1. Duty of Care: The party accused of causing the accident (whether a driver or a pedestrian) owed a legal duty to the other party. For example, drivers have a duty to follow traffic laws and watch for pedestrians. Pedestrians have a duty to obey traffic signals and use marked crosswalks when available, and to exercise reasonable caution for their own safety.
2. Breach of Duty: The party failed to meet that duty through their actions or inaction. This could involve a traffic law violation or other unsafe behavior. For instance, a driver breaching their duty might involve running a red light, speeding through a crosswalk, or texting while driving. A pedestrian breaches their duty by doing things like dashing into the road unexpectedly or crossing against a “Don’t Walk” signal.
3. Causation: The breach of duty directly caused the accident and the injuries. It must be shown that if not for the driver’s or pedestrian’s negligent action, the collision would likely not have occurred. In legal terms, this includes both actual cause (the negligence set in motion the chain of events) and proximate cause (the harm was a foreseeable result of the negligence).
4. Damages: The accident resulted in actual harm or losses. This usually means the pedestrian suffered injuries, medical expenses, lost wages, pain and suffering, etc., due to the accident. Without damages, there may be negligence but no basis for a claim.

If all of these elements are satisfied, then the person who breached their duty is considered at fault for the accident. In pedestrian accidents, traffic regulations and Texas pedestrian laws play a big role in determining fault. For example, if a driver violated a pedestrian right-of-way law, that breach of duty strongly indicates fault. Likewise, if a pedestrian violated jaywalking laws or crossed on a red light, that can establish their fault. Ultimately, negligence law in Texas is about showing who acted unreasonably under the circumstances and linking that behavior to the cause of the accident.

Common Pedestrian Accident Scenarios in Houston

Pedestrian accidents can happen under many different circumstances, and the way fault is determined can vary with each scenario. Houston’s roadways see a variety of situations involving pedestrians and vehicles. Below are some common pedestrian accident scenarios in Houston, and how fault may be assessed in each:

Crosswalk Accidents

Crosswalks are designated areas for pedestrians to cross the street, often marked with white lines and sometimes accompanied by traffic signals. Texas law requires drivers to stop and yield to pedestrians in a crosswalk when there is no traffic light controlling the intersection (Texas Transportation Code § 552.003). If a driver hits a pedestrian who is lawfully crossing in a marked crosswalk (for example, at an intersection with stop signs or where the pedestrian has the right-of-way), the driver will almost always be at fault for failing to yield. This is a clear breach of the driver’s duty of care.

However, pedestrians also have responsibilities at crosswalks. They shouldn’t step off the curb suddenly if a vehicle is too close to stop safely. Texas law even specifies that a pedestrian should not suddenly leave a curb and enter the path of a vehicle that is so close it’s impossible for the driver to yield. If a pedestrian darts into the crosswalk just as a car is approaching and the driver has no reasonable chance to stop, the pedestrian could be found negligent for creating an unsafe condition. In such cases, fault might be shared. But generally, if a pedestrian is already in the crosswalk or is crossing with due caution, drivers must yield. Failure to do so makes the driver liable for the accident.

Intersection Collisions

Busy city intersections are a frequent site of pedestrian accidents. At intersections regulated by traffic signals, the rules of fault often hinge on who had the right-of-way. If a pedestrian is crossing with a “Walk” signal or green light in their direction, drivers must yield—this includes cars going straight as well as those turning right or left across the crosswalk. A driver who runs a red light or turns without noticing a pedestrian in the crosswalk is likely at fault for any resulting collision because they violated traffic signals and failed to keep a proper lookout.

On the other side, if a pedestrian crosses an intersection against the traffic light (for instance, starting to cross when the “Don’t Walk” sign is on or the light is red for them), the pedestrian is violating the law and would be at fault if struck. Even at intersections without signals (or four-way stop intersections), pedestrians have to yield appropriately. If a pedestrian suddenly crosses when it’s a driver’s turn at a stop sign, the pedestrian could bear fault. An unmarked crosswalk (no painted lines) at an intersection is still legally a crosswalk, so pedestrians generally have the right-of-way when crossing at intersections. A pedestrian hit while legally crossing at an intersection (marked or unmarked) will have a strong case that the driver is at fault, whereas a pedestrian crossing when they shouldn’t (against a signal or outside of any crosswalk) will likely be deemed at least partially at fault.

Jaywalking Incidents

“Jaywalking” refers to crossing the road at a place other than a designated crosswalk or intersection. In Texas, pedestrians crossing outside of a crosswalk must yield to vehicles on the road. The law explicitly states that a pedestrian must yield the right-of-way to cars if crossing at a place other than a marked crosswalk or an unmarked crosswalk at an intersection (Texas Transportation Code § 552.005). This means if someone crosses a street in the middle of the block (jaywalks) and is hit by an oncoming vehicle, fault will often lie with the pedestrian because the pedestrian was not crossing at a lawful location.

In a jaywalking scenario, a driver still has a general duty to be attentive and try to avoid collisions if possible. If the driver was speeding, distracted, or could have stopped in time but didn’t, the driver might share some blame. However, if a pedestrian runs out between parked cars or crosses a busy road where drivers have no expectation of a pedestrian, it’s very likely the pedestrian will be found at fault for the accident. Jaywalking can significantly hurt a pedestrian’s injury claim, as the driver’s insurer will argue the pedestrian negligently put themselves in harm’s way.

Unmarked Crosswalks

An unmarked crosswalk is typically the extension of a sidewalk across an intersection where no painted crosswalk lines are present. Under Texas law, every intersection where two roads meet at approximately right angles creates a crosswalk for pedestrians, whether marked or not. Therefore, a pedestrian crossing at an intersection, even if there are no white lines on the pavement, is in a crosswalk legally. Drivers should anticipate pedestrians at any intersection and are required to yield to pedestrians crossing there if no traffic signal governs the intersection.

Accidents at unmarked crosswalks in Houston often occur in residential areas or downtown streets where not every intersection has painted lines. If a pedestrian is hit while crossing at such an intersection, the determination of fault will consider whether the pedestrian was crossing safely and whether the driver was keeping a proper lookout. If the pedestrian looked for traffic and was crossing on their turn (for example, if they arrived at a stop sign intersection and began crossing before a car reached it), the driver who hit them would likely be at fault for not yielding. On the other hand, if a pedestrian stepped into the path of a car without checking or from a blind spot, there might be an argument for shared fault. Nonetheless, as a rule, pedestrians do have right-of-way at lawful intersections, so drivers must be cautious and yield accordingly.

Accidents Involving Turning Vehicles

Many pedestrian accidents happen when a vehicle is turning. A common example is a car making a right turn at a red light. In Houston, it’s legal to turn right on red after stopping, but drivers must ensure the crosswalk is clear first. If a driver fails to notice a pedestrian crossing the street they are turning into, and a collision occurs, the driver will be at fault for not yielding. Similarly, drivers turning left on a green (yielding to oncoming traffic) must also watch for pedestrians in the crosswalk on the street they are turning into. Pedestrians crossing with the light have the right-of-way, so a turning vehicle must wait for them to cross safely.

Turning accidents often boil down to visibility and attentiveness. Intersections can be chaotic, and a driver may claim they “didn’t see” the pedestrian while turning. Legally, that is not a valid excuse—drivers are obligated to check. If the pedestrian had a walk signal and was struck by a turning car, fault lies with the driver. The only time a pedestrian might be at fault in a turning scenario is if the pedestrian entered the crosswalk when they shouldn’t have (for example, crossing against the light or outside the crosswalk entirely), thereby surprising the driver. Otherwise, a car turning and hitting a pedestrian is a textbook case of driver negligence in failing to yield right-of-way.

Distracted Driving Crashes

Distracted driving is a leading cause of all types of accidents, including those involving pedestrians. In the context of a pedestrian accident, if a driver was distracted (texting, talking on the phone, adjusting the radio, etc.) and did not see a pedestrian in time to stop, that driver will almost certainly be found at fault. Texas law prohibits texting while driving, and a distracted driver who hits a pedestrian is breaching the duty of care by not paying full attention to the road.

Consider a scenario: a pedestrian is crossing at an intersection crosswalk with the light, and a driver approaching is looking at their phone. If the driver fails to brake and hits the pedestrian, the fault lies with the driver’s distraction. Even if the pedestrian was crossing at a non-crosswalk location, a driver who is distracted might still bear significant fault because they might have avoided the collision had they been alert. However, if a pedestrian appears suddenly in a place no reasonable driver would expect (say, crossing a highway at night), a distracted driving analysis might be different. Generally, though, whenever distraction plays a role for the driver, it heavily tips fault onto that driver. Pedestrians should also avoid distractions (like looking at a phone while crossing), but the consequences of a driver’s distraction are usually far more severe. In summary, a crash caused by a distracted driver will implicate that driver as negligent under Texas law.

When Pedestrians May Be at Fault

While drivers often bear most of the responsibility in car-versus-pedestrian crashes, there are situations where a pedestrian’s own negligence contributes to or causes an accident. Texas law recognizes that pedestrians must also follow safety rules. Here are some situations when a pedestrian may be found partially or fully at fault:

• Ignoring Traffic Signals: A pedestrian who crosses against a red light or a “Don’t Walk” signal is violating traffic law. If a person runs into the street when cross-traffic has the green light, they are putting themselves in danger and can be held at fault for any accident that occurs.
• Jaywalking: Crossing the road in the middle of the block or suddenly stepping into the street from between parked cars, without using a nearby crosswalk or intersection, is unsafe and against the law. If a pedestrian jaywalks and a collision happens, the pedestrian will likely be deemed negligent for not yielding to vehicles.
• Darting into the Road Unexpectedly: Sometimes pedestrians may dash into the road (for example, chasing a bus, retrieving an item, or kids chasing a ball) without warning. Drivers often have no time to react in these cases. The pedestrian (or supervising adult, in the case of a child) could be found at fault because a reasonable person would not step into traffic without ensuring it’s safe.
• Not Using Available Sidewalks or Crosswalks: Texas law requires pedestrians to use a sidewalk if one is provided adjacent to the road. Walking in the roadway when a sidewalk is available (or walking along the road against traffic when it’s not safe) is illegal (Texas Transportation Code § 552.006) and can be considered negligent. If a pedestrian is walking in the roadway and is struck, this behavior might put them at fault or at least contribute to fault.
• Distracted or Impaired Walking: A pedestrian who is distracted by a phone, headphones, or who is under the influence of alcohol or drugs may not notice oncoming vehicles or traffic signals. If a pedestrian’s distraction or impairment leads them to cross unsafely or stumble into traffic, they can share blame for the accident. For example, a drunk pedestrian crossing a street outside of a crosswalk at night could be held predominantly at fault if hit by a car, because they created a highly dangerous situation.

In all these examples, the pedestrian failed to exercise reasonable care for their own safety, which is the crux of negligence. When a pedestrian is found at fault (or partially at fault), it will reduce their ability to recover damages from the driver’s insurance. However, Texas law (through comparative fault, discussed below) may still allow an at-fault pedestrian to recover some damages if the driver was also negligent, as long as the pedestrian’s share of fault is not greater than 50%. Each accident is different, so even if a pedestrian made a mistake, drivers might also bear responsibility depending on the circumstances. It’s wise to consult with a lawyer to evaluate fault in detail.

When Drivers May Be at Fault

Drivers have a high duty of care when operating a vehicle, especially in a pedestrian-rich environment like Houston’s city streets. Most pedestrian accidents happen because a driver was not exercising proper caution. Here are common situations where a driver will likely be found at fault for a pedestrian accident:

• Failure to Yield to Pedestrians: This is one of the top causes of pedestrian accidents. Examples include a driver not stopping for a pedestrian in a crosswalk at an uncontrolled intersection, or not yielding to pedestrians who have the walk signal at an intersection. Such failures violate specific traffic laws and the general duty to be careful.
• Running Red Lights or Stop Signs: If a driver goes through a red light or fails to stop at a stop sign and hits a pedestrian who is lawfully crossing, the driver will be at fault. The traffic control was there to prevent exactly this type of accident, and ignoring it is clear negligence.
• Speeding or Reckless Driving: Driving above the speed limit, or too fast for conditions, can make it impossible to stop in time when a pedestrian is crossing. In areas like school zones, neighborhoods, or busy downtown streets, speeding is especially dangerous. A speeding driver who strikes a pedestrian will almost always be considered at fault. Similarly, reckless behaviors like swerving between lanes or not paying attention to crosswalks can cause pedestrian injuries for which the driver is liable.
• Distracted Driving: As mentioned earlier, a distracted driver (texting, eating, using in-car gadgets, etc.) is a frequent culprit in pedestrian crashes. Because the driver’s attention is not on the road, they may not see a pedestrian in time. If evidence (such as phone records or eyewitnesses) shows the driver was distracted, that driver will be deemed negligent and at fault for the accident.
• Driving Under the Influence (DUI): A driver who is intoxicated by alcohol or drugs and hits a pedestrian will be found at fault in virtually every case. Impaired drivers have reduced reaction times and often don’t notice pedestrians or cannot stop. DUI is a criminal offense and automatically considered a serious breach of duty. Even if a pedestrian was outside a crosswalk, an intoxicated driver who causes harm is very likely to bear the lion’s share of fault because sober driving might have avoided the crash.

Whenever a driver fails to follow the rules of the road or drives without proper care and a pedestrian is hurt as a result, the driver is legally at fault. In practice, this means the driver (through their auto insurance) would be responsible for paying for the pedestrian’s damages such as medical bills, lost income, and pain and suffering. Texas law requires drivers to carry liability insurance precisely so that victims of their negligence, including pedestrians, can be compensated. Determining driver fault often involves proving the driver’s unsafe actions through witness testimony, traffic signal data, skid marks, vehicle damage, and sometimes expert accident reconstruction. A personal injury attorney can assist greatly in gathering this proof of driver negligence.

Comparative Fault in Texas

Sometimes fault isn’t completely one-sided. It’s possible for both the driver and the pedestrian to have contributed to the accident. For example, maybe a pedestrian was jaywalking at the same time a driver was speeding. In these mixed-fault situations, Texas uses a system called comparative negligence (or proportionate responsibility) to allocate fault between the parties and adjust any damage awards accordingly.

Texas follows a modified comparative negligence rule known as the “51% Bar Rule.” This rule is codified in the Texas statutes (see Texas Civil Practice & Remedies Code § 33.001). Under this law, an injured party can recover damages as long as they are not more than 50% at fault for the accident. However, the recovery is reduced by that party’s percentage of fault. In practical terms, if a pedestrian is found 20% at fault and the driver 80% at fault, the pedestrian can recover damages, but they would only receive 80% of the total compensation (for example, they’d get $80,000 instead of $100,000 to account for their 20% share of fault). If the pedestrian is 51% or more at fault, they would be barred from recovering anything from the other party.

This comparative fault system ensures a fair outcome when both sides share blame. It’s very relevant in pedestrian accidents, because drivers and insurance companies may argue the pedestrian was partially to blame (perhaps by not paying attention or being somewhere unsafe) even when the driver clearly had a big role. For instance, in a case where a pedestrian crossed outside of a crosswalk but the driver was also texting and speeding, a jury might assign something like 30% fault to the pedestrian and 70% to the driver. The pedestrian could still recover 70% of their damages. Texas law entrusts the determination of these percentages to the finder of fact (jury or judge) if a case goes to trial. Insurance adjusters also use these principles in settlement negotiations, often debating the percentage of fault.

It’s important to gather compelling evidence to minimize any blame placed on the pedestrian. The less fault attributed to you, the greater your potential recovery. If there’s a dispute about fault, having an experienced attorney to articulate your case within the comparative fault framework can significantly impact the outcome. They will ensure that fault is apportioned properly and that you are not unfairly assigned an excessive share of blame.

Why Hiring a Houston Pedestrian Accident Lawyer Matters

Determining fault in a pedestrian accident is not only crucial, it can also be complex. Both drivers and their insurance companies may dispute fault or try to pin some blame on the pedestrian. For an injured pedestrian seeking compensation, navigating these disputes under Texas law can be challenging. This is where a Houston pedestrian accident lawyer comes in — to protect your interests and build a strong case on your behalf.

An experienced attorney will start by conducting a thorough investigation of the accident. This includes obtaining the police report, interviewing witnesses, securing any available video footage (traffic cameras or surveillance from nearby businesses), and consulting accident reconstruction experts if necessary. By gathering all this evidence, a lawyer can piece together exactly what happened and identify every party’s actions. This is critical for clearly establishing the other party’s negligence. For example, if a driver claims they had a green light, an attorney might find camera footage or eyewitnesses to prove the light was actually red when the driver entered the intersection.

Another major role of a pedestrian accident lawyer is dealing with insurance companies. Insurance adjusters handle claims every day and may use tactics to minimize payouts, such as arguing the pedestrian was not paying attention or that the injuries aren’t that severe. When you have legal representation, your lawyer becomes the point of contact and negotiator. They will present the evidence of fault to the insurer and counter any attempts to shift blame onto you. Lawyers experienced in Houston pedestrian accidents will know common defense strategies and how to rebut them with facts and the law (for instance, referencing specific Texas statutes or city traffic ordinances that support your case).

Importantly, a lawyer will understand Texas’s comparative fault rules and ensure that any fault assigned to you is fair and based on evidence, not on speculation or bias. They will fight to keep your percentage of fault as low as possible. This can make a huge difference in the compensation you ultimately receive. If the insurance company still refuses to be reasonable, a lawyer can file a lawsuit on your behalf and take the case to court. In front of a jury, your attorney will present a compelling story of what happened and why the driver (or other parties) should be held liable. Without a lawyer, it can be very difficult to effectively make these arguments or even to know what evidence is necessary.

In summary, hiring a Houston pedestrian accident attorney means you have an advocate who understands the legal nuances of fault, knows how to gather and preserve evidence, and is skilled in negotiation and litigation. This greatly increases the chances of a successful outcome. You can focus on recovering from your injuries while your lawyer focuses on proving fault and pursuing the compensation you need. In a complex claim where fault might be shared or unclear, a lawyer’s guidance is especially invaluable.

Contact Adley Law Firm for a Free Consultation

If you or a loved one has been injured in a pedestrian accident in Houston, the Adley Law Firm is here to help you seek justice. Our experienced Houston personal injury attorneys are well-versed in Texas pedestrian laws and have a deep understanding of how to determine fault in these complex cases. We know what evidence to look for and how to build a compelling case that proves the other party’s negligence.

Don’t navigate the aftermath of a pedestrian accident alone. Contact the Adley Law Firm today for a free consultation. We will review the details of your case, answer your questions, and outline your legal options. You can reach out to us by phone or simply contact us online to schedule a consultation. Let our legal team handle the heavy lifting – from dealing with insurance adjusters to, if necessary, filing a lawsuit – while you focus on your recovery. With the Adley Law Firm by your side, you can trust that your case is in knowledgeable and dedicated hands, and that we will fight to hold the at-fault party accountable and obtain the compensation you deserve.