Can a Pedestrian Be At Fault in a Car Accident?

Usually, it is the driver who bears the most blame if a pedestrian is hit and injured in a car accident. The notion is that pedestrians have the right of way at all times. However, …


Usually, it is the driver who bears the most blame if a pedestrian is hit and injured in a car accident. The notion is that pedestrians have the right of way at all times. However, the situation is much different in Texas. According to the car accident attorneys at Angel Reyes & Associates in Dallas, TX, before the fault can be determined, whether it’s the driver or pedestrian, all parties involved in an auto accident must be evaluated to determine liability.

Since accidents can be caused by the negligent or one or several parties, it is important to examine every-day negligent actions that the driver or pedestrian can make leading to such an accident. Then, determine instances where the pedestrian can be at fault in an accident.

Negligent Actions of the Driver

Sometimes a driver’s negligent actions may be obvious, and sometimes they may be hard to identify. Determining fault is a complex process that requires professional legal expertise. However, some of the most apparent negligent mistakes drivers sometimes make that causes accidents include distracted driving.

This is the deliberate use of your smartphone, which could be texting or talking while driving—grooming while behind the wheel is another form of distracted driving. Speeding, dangerous overtaking, cutting through lanes and ignoring traffic signals, and aggressive driving are hazardous habits that pose a danger to all road users.

Negligent Actions of the Pedestrians

As we have seen above, sometimes it is easy to identify and prove irresponsible driving. However, identifying or establishing irresponsible walking can be tricky. Although road users have a duty of care for everyone on the road, pedestrians too sometimes ignore this rule.

Common sense dictates that you watch out for your safety when walking along a busy street or heavily congested highway. Deliberate texting, talking on the phone, wearing earphones, jaywalking, drink walking, and not wearing reflective gear at night are some of the most common negligent actions that can lead to a car crash.

Comparative Fault

Since fault is determined after a full evaluation of the accident has been conducted, most pedestrians tend to give up rather than seeking legal guidance. Regardless of who was perceived to be at fault, we encourage you to pursue legal action before you give up.

Pedestrians are usually the most vulnerable in an auto accident and can sustain catastrophic injuries. While drivers have the advantage of being inside the car with seatbelts and all, pedestrians do not have such protection. They are usually susceptible to brain injuries, bone fractures, broken ribs, and similar injuries.

Working with an attorney will help determine the extent of your damages and your negligence and hour chances of getting compensated. Comparative fault entails receiving compensation according to the time of the driver’s negligence minus your percentage of failure.

Don’t Give Up

Have you been hit by a car while walking in the streets? If yes, then the chances are that you accumulated a large hospital bill. You’ve been incapacitated, and you haven’t reported to work or received any income during your stay in the hospital. You could also be in extreme pain and agony.

Before you assume that you were entirely responsible for the accident and give up on seeking justice, it is crucial to contact a trusted car accident attorney. They will be able to ascertain who was indeed responsible for the crash. From there, they can help you file your accident claim and help you receive the compensation that you deserve.

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