Can Pedestrians Ever Be At Fault in an Accident?

Pedestrian accidents always look like a driver’s fault. Yet, there are instances where drivers aren’t responsible for the incident.

You want to reap as much compensation as possible after your accident during a personal injury case. Unfortunately, if you’re found at fault as a pedestrian, your chances of maximum payout decrease or disappear.

Let’s look at when pedestrians are held responsible in an accident and how Texas approaches fault in these unique situations.

Pedestrians Don’t Always Have the Right of Way

A vehicle versus a pedestrian seems like a clean-cut case. However, there are several instances where pedestrians are held responsible for their negligence.

Some examples of pedestrian negligence include:

  • Distracted walking
  • Jaywalking
  • Disregard that causes an accident
  • Walking on bridges, highways, and high-traffic areas

If a driver strikes a negligent pedestrian, both individuals may share fault.

How Does Texas Determine Shared Fault?

Texas is a modified comparative negligence state, meaning some rules determine the percentage of fault between all involved in every accident.

51% Caveat

One of the most significant rules for determining recoverable damages is the 51% caveat. Any driver who proves 51% or more responsible for the accident cannot seek recovery for damages or injuries.

In cases where a driver is more at fault than a pedestrian, the pedestrian may still recover financial damages. However, if the pedestrian is 51% at fault, they cannot seek recovery from the other party involved.

What if Both Parties Are At Fault?

If both parties share the blame, the amount they can recover is reduced by the percentage of fault each shares.

For example, if a pedestrian seeks $10,000 in damages but is 20% responsible for the accident, they will only receive a maximum of $8,000.

How Can a Personal Injury Lawyer Help Your Case?

You never want to miss out on receiving maximum compensation for your injuries. Hospital bills, repairs, and future doctor’s visits can quickly eat your budget.

A personal injury lawyer can help you prove your reduced liability in any pedestrian accident you’ve been involved in.

At Genthe Law Firm, we leave no stone unturned. Trust our lawyers to build your case with evidence that proves you are not an at-fault party.

Some of our methods include:

  • Interviewing accident witnesses
  • Reviewing traffic camera footage
  • Collecting police reports
  • Collecting photos that compare your injuries to the vehicle’s damage

Pedestrian accidents are complicated, but the team at Genthe Law Firm has seen it all and will apply our experience to your unique situation.

Preserve Your Right to Compensation With Genthe Law Firm

If you’ve been injured in a pedestrian accident and are fighting for maximum compensation, Genthe Law Firm can help! Even if you share some negligence in your case, our injury lawyers know how to recover maximum payouts from insurance companies and third parties.

We understand that paying for a lawyer is the last thing you want to do after your accident. We offer our Genthe Guarantee that ensures you don’t pay us until we recover.

Reach out to us today to schedule your free consultation with a member of our firm.

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