Are Drivers Always at Fault in Pedestrian Accidents?

When a pedestrian is hit by a car, most people assume the driver is automatically at fault and it’s easy to see why. Pedestrians are more vulnerable, often suffer serious injuries, and are usually doing nothing more than crossing a street or walking along the road. But under Texas law, determining fault in a pedestrian accident isn’t always so straightforward.

While drivers have a legal duty to watch out for pedestrians, pedestrians also have responsibilities. They must obey traffic signals, use crosswalks when available, and avoid entering the street in unsafe ways. That means if a pedestrian breaks the law or acts carelessly, they may be partially or even primarily responsible for their injuries, even if the other party was behind the wheel.

Understanding how fault is determined can make or break a claim. At Barrow Law, we help injured pedestrians in Fort Worth and across Texas understand their legal options and fight for the compensation they deserve.

How Texas Law Determines Fault in Pedestrian Accidents

Texas uses a system called modified comparative fault to determine liability in personal injury cases. This means that multiple parties can share responsibility for an accident, and compensation is reduced based on each party’s percentage of fault.

Here’s how it works:

• If the pedestrian is less than 51% at fault, they can still recover damages, but their compensation will be reduced based on their share of the blame.
• If the pedestrian is 51% or more at fault, they cannot recover any compensation.

Let’s say a driver was speeding and hit a pedestrian who was crossing the street outside a marked crosswalk. A jury may find that the driver was 70% at fault and the pedestrian was 30% at fault. In that case, the pedestrian would still be able to recover damages, but their total award would be reduced by 30%.

This legal framework makes it critical to properly investigate every pedestrian accident. Even if the pedestrian was partially at fault, it doesn’t necessarily mean they’re ineligible for compensation. It just means we have to build a strong case showing the greater share of responsibility lies with the driver.

When Are Drivers at Fault in Pedestrian Accidents?

Drivers are often, but not always, found at fault in pedestrian collisions. Here are some common scenarios where a driver is likely to be held responsible:

• Failing to yield at a crosswalk or intersection
• Speeding in residential or school zones
• Distracted driving, such as texting or talking on the phone
• Running a red light or stop sign
• Driving under the influence of drugs or alcohol

Texas law requires drivers to exercise “reasonable care under the circumstances.” That includes watching for pedestrians in expected places like sidewalks, intersections, and crosswalks. When a driver fails to meet this standard and causes injury, they can be held legally and financially accountable.

In these types of cases, our pedestrian accident attorneys work to collect traffic camera footage, police reports, witness statements, and expert analysis to clearly establish the driver’s negligence.

Can Pedestrians Be at Fault?

While pedestrians have certain legal protections, they also have a duty to follow traffic laws and act responsibly. A pedestrian can be found at fault partially or fully in several situations, including:

• Crossing the street outside a crosswalk (also known as jaywalking)
• Walking into traffic suddenly without giving drivers time to react
• Ignoring traffic signals, such as crossing when the “Don’t Walk” sign is lit
• Walking along highways or roads where pedestrian access is prohibited
• Being intoxicated while walking in or near the street

For example, if a pedestrian darts across a busy road at night in an area with no crosswalk, and a driver hits them while obeying the speed limit, fault could be assigned entirely to the pedestrian. That person may not be able to recover damages under Texas’ 51% rule.

That said, every case is unique. Even in cases where pedestrians appear to have made mistakes, we often find that drivers were also acting recklessly or not paying attention. These details can shift the balance of fault and preserve the injured person’s right to compensation.

Why Legal Representation Matters in Shared Fault Cases

When both parties may share blame, the insurance companies are quick to exploit the situation. They may try to shift most of the responsibility onto the pedestrian to reduce or deny the claim entirely. Unfortunately, many injured pedestrians accept lowball settlements or walk away with nothing, not realizing they still had a valid case under Texas law.

That’s why working with an experienced pedestrian accident attorney is so important. At Barrow Law, we know how to investigate these cases thoroughly, challenge biased assumptions, and hold drivers accountable for their actions even in complex situations where fault is unclear.

We gather key evidence to prove the driver’s liability, including:

• Traffic camera footage
• Crash scene analysis
• Medical records that support the timing and cause of the injuries
• Witness interviews and expert testimony

If you’ve been hurt while walking, don’t assume you’re automatically at fault, and don’t let the insurance company make that decision for you. Get legal advice that puts your interests first.

Contact us at Barrow Law today to schedule your free consultation. We’ll listen to your story, evaluate your case honestly, and help you take the right steps toward securing the compensation you deserve.