Pedestrians have the right of way in Texas in many situations. For example, someone traveling on foot has the right of way when crossing legally in designated areas. That said, pedestrians do not have the right of way in all cases. They must abide by all traffic rules and act safely around vehicles.
If you’re looking for clarification regarding right-of-way laws in Texas or if you’re searching for legal representation after getting hurt in a collision as a pedestrian, don’t hesitate to call an Arlington pedestrian accident lawyer from Aulsbrook Car & Truck Wreck Lawyers for help.
Do Pedestrians Always Have the Right of Way in Texas?
Do pedestrians have the right of way in Texas? This is a reasonable question to ask, and while pedestrians are protected in certain ways under state laws, the answer depends on the specific circumstances of the accident.
Many people assume that a pedestrian is always considered innocent because they were on foot while the other person was driving. However, Texas traffic laws require both drivers and pedestrians to act responsibly.
Pedestrians have a responsibility to follow applicable traffic rules. They must obey traffic signals and refrain from entering a roadway in a way that creates a danger. After an accident, the issue is whether someone failed to act safely and subsequently caused the crash. If you were involved in a pedestrian accident, The Texas Law Dog can determine who was at fault.
Understanding Texas Pedestrian Right-of-Way Laws
Texas has laws designed to help protect pedestrians, but those laws also establish responsibilities for people walking near roadways. Drivers are expected to exercise reasonable caution when sharing the road with pedestrians.
This includes paying attention at intersections, watching for people crossing the street, and adjusting driving behavior when necessary. Pedestrians usually have the right of way in the following situations:
- Crossing within a marked crosswalk when permitted
- Crossing at certain intersections when traffic rules require drivers to yield
- Walking in areas where drivers are expected to watch for pedestrians
However, pedestrians are also expected to uphold certain responsibilities:
- Following traffic signals
- Using designated crossing areas when required
- Avoiding entering traffic suddenly
- Paying attention to surrounding vehicles
When an accident occurs, insurance companies may examine the actions of everyone involved. They may look at whether the driver was speeding, distracted, impaired, or otherwise negligent. They may also consider whether the pedestrian followed applicable safety rules.
Because these cases often involve competing claims about what happened, having an Arlington personal injury lawyer from The Texas Law Dog review the circumstances can help injured pedestrians understand their rights.
What Happens When a Driver Hits a Pedestrian?
A pedestrian accident can be especially serious because people on foot have very little protection compared to someone inside a vehicle. Even a low-speed collision can result in significant injuries.
Let’s take a look at common injuries that victims of pedestrian accidents often experience:
- Broken bones
- Head injuries
- Spinal injuries
- Internal injuries
- Soft tissue injuries
- Permanent disabilities
Beyond the physical injuries, many victims also experience anxiety, fear of traffic, and emotional distress after being struck by a vehicle. A personal injury claim may allow injured pedestrians to seek compensation for these losses when another person’s negligence caused the accident.
How Pedestrian Accident Lawyers Can Help
Many pedestrian accident victims are unsure whether they need a lawyer. They may believe the insurance company will automatically offer fair compensation or that the facts of the accident speak for themselves.
Unfortunately, pedestrian accident claims can become complicated quickly. Insurance companies may dispute who was at fault, argue that the pedestrian contributed to the accident, or attempt to reduce the value of the claim. Your lawyer from The Texas Law Dog can help by:
- Investigating the accident
- Reviewing police reports and evidence
- Identifying all potentially responsible parties
- Handling insurance communications
- Calculating the full extent of damages
- Negotiating for a fair settlement
- Filing a lawsuit when necessary
An attorney’s role is not only to handle paperwork. It is also to protect the injured person from making decisions that could negatively affect their claim. After an accident, victims should have the opportunity to focus on healing while someone handles the legal process.
How Fault is Determined in Texas Pedestrian Accidents
Determining fault is a pivotal process when handling a pedestrian accident claim. A person may believe the driver was clearly responsible, but insurance companies often examine every detail before accepting liability.
Texas follows a modified comparative negligence system. This means more than one person can potentially share responsibility for an accident. For example, a driver could be found partially responsible because they were distracted.
However, an insurance company might respond by arguing that the pedestrian also contributed to the collision. The amount of compensation available may depend on how responsibility is divided. These are some of the factors that can affect the determination of fault:
- Whether the driver was speeding
- Whether the driver was distracted
- Whether traffic signals were followed
- Whether the pedestrian was in a crosswalk
- Whether visibility conditions affected the accident
- Whether another factor contributed to the collision
Under modified comparative negligence, an injured pedestrian can still recover compensation as long as they are not more than 50% at fault, though their compensation will be reduced by their share of responsibility. A pedestrian found more than 50% at fault cannot recover damages.
Because fault can determine the outcome of a claim, collecting evidence is extremely important. A pedestrian accident attorney from The Texas Law Dog can handle this process for you while you focus on healing from your injuries.
If You Were Hurt in a Pedestrian Accident, Contact The Texas Law Dog ASAP
If you were injured as a pedestrian, The Texas Law Dog is the law firm to call for legal guidance and trustworthy representation. Our attorneys understand that victims of these accidents often feel isolated and unsure about how to respond in the aftermath of the incident.
The sooner you call us, the sooner we can provide you with advice that takes your interests into consideration. For help from attorneys who offer compassionate guidance, contact our law firm today. We’re committed to protecting the rights of accident victims like you.
