When are Pedestrians at Fault in a Car Accident in Texas?

Auto accidents involving pedestrians can have devastating consequences. Unlike drivers, who’re protected by seatbelts, airbags and the metal shell of their vehicles, pedestrians don’t have any armor, which is why they often sustain severe or even fatal injuries when they’re involved in motor vehicle collisions.

According to the CDC, pedestrians are 1.5 times more likely than passenger vehicle occupants to be killed in a car crash. 


Fortunately, there are personal injury laws that help pedestrians who have been injured, in an accident caused by the negligence of others, to receive financial compensation for the damages sustained.

But what do you do when an auto accident is caused by a pedestrian?

Pedestrians Can Be At Fault in an Auto Accident

In the United States, the first lesson taught in driver safety classes is “the pedestrian always has the right of way”. Nevertheless, it’s important to note that just like other road users, pedestrians can also be at fault for an accident.

They can directly cause or contribute to a motor vehicle collision in a range of ways, some of which include:

· Violating walk signals
· Disobeying traffic laws
· Darting into traffic
· Crossing the street where there are no crosswalks

The Modified Comparative Negligence Rule

Texas law has outlined what happens when a road accident is caused by the negligence or intentional misdemeanor of a pedestrian. However, it’s important to note that even pedestrians who are at fault in an accident can be eligible to claim compensation for at least some portion of the damage they’ve sustained.

This is because the Texas personal injury law uses what’s known as the modified comparative negligence rule. This rule is used to allocate fault in cases where both the involved parties contributed in some way to the accident. This is how it works:

Percentage of Fault

When both driver and pedestrian have, in some way, contributed to the collision, the modified comparative negligence rule calls for a portion of the fault to be allocated to both the involved parties.

Reduced Damages

The amount of compensation the victim is eligible to receive will be dictated by the percentage of fault assigned to them.
For instance, if the pedestrian suffered damages worth $100,000 but were found to be 30% at fault, they will only be able to recover $70,000.

51/50 Rule

The modified comparative negligence rule states that pedestrians are not eligible to make a compensation claim if they’re more at fault for causing the accident than the driver(s). If the pedestrian is at 51% or more at fault, they will not be able to recover.

Not sure where you stand? If you’re in Houston and have been involved in a car crash, the highly experienced personal injury and car accident lawyers at the Estes Law Firm can help you attain the compensation you deserve.

Get in touch to learn more about them and the services they offer.

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