Who is to Blame in a Pedestrian Accident Case?
Negligence laws dictate who is at fault in every pedestrian accident case. If a pedestrian crosses the street at a designated crosswalk but gets hit by a driver running the red light, the driver would be liable for the accident due to negligence. Hit and run accidents, DUIs, as well as voluntary and involuntary vehicular manslaughter are the fault of the driver as well and result in criminal penalties.
The degree of fault for each party depends on state negligence laws. Texas courts use modified comparative negligence laws to assign blame. If the pedestrian is more than 50 percent responsible for the accident, they could be barred from recovering damages. Additionally, a victim’s financial recovery may be proportionally diminished to their degree of fault in the incident.