Melissa Pedestrian Accident Lawyer

Are Drivers Always at Fault for Pedestrian Crashes?

It is easy to assume that since motor vehicle operators can cause a great deal more harm to pedestrians than the other way around, drivers involved in collisions with people walking always bear civil liability for the consequences of that incident. However, it is crucial for prospective claimants to understand that while this outcome is certainly common, it is not necessarily guaranteed.

Personal injury lawsuits are generally based on a theory of legal negligence, meaning that recovery hinges on proving that a defendant caused compensable harm as a direct result of failing to live up to a duty of reasonable care. While every driver on public roads in Texas owes such a duty to everyone else on the road with them, so does every pedestrian.

Accordingly, if a pedestrian contributes to causing an accident by disobeying walk signals, straying out of a crosswalk, or stepping out in front of a moving vehicle so that the driver did not have time to stop or swerve away, they may be found negligent themselves and therefore partially, or even primarily, at fault for their own injuries. A pedestrian collision attorney in the area could explain in further detail how “comparative fault” could hinder or even completely prevent civil recovery, as well as how it may be possible to fight back against allegations of negligence made by defendants looking to avoid liability.