Last Updated on July 17, 2025 by Beltz Law Group
Pedestrian Accident Attorney
It’s common to read about car accidents involving pedestrians and quickly assume the driver is entirely at fault, especially with the general understanding that “the pedestrian has the right of way.” We often think the driver should compensate the “poor pedestrian” for all damages. However, legally, the situation isn’t always so straightforward in Texas.
Liability in Pedestrian-Car Accidents
While pedestrians usually suffer the most severe injuries in a car accident due to the inherent safety features of vehicles, this doesn’t automatically mean the driver bears full responsibility. In Texas, determining fault depends on the specific circumstances. The law generally requires both drivers and pedestrians to exercise reasonable care for everyone’s safety on the road. The legal principle of negligence is used to determine fault and responsibility. If it can be proven that a pedestrian failed to exercise appropriate care, they may share responsibility for the accident.
When Can a Pedestrian Be Held Responsible for an Accident?
A pedestrian is expected to follow traffic laws and act in a way that allows a normal driver to avoid an accident. If a pedestrian’s actions prevent a driver from being able to circumvent a collision, the pedestrian can be held partially or entirely responsible. Common examples of pedestrian fault in accidents include:
- Walking in areas clearly marked as off-limits to pedestrians.
- Disregarding traffic signals.
- Jaywalking (crossing the street outside of a designated crosswalk).
- Running into the street without regard for oncoming vehicles.
- Walking or crossing the street while intoxicated.
In such cases, responsibility for the accident can shift to the pedestrian, and the driver may even be able to seek compensation from them legally.
Shared Fault in Car-Pedestrian Accidents
It’s not uncommon for both the driver and the pedestrian to contribute to an accident through their negligence. Determining fault in these situations can be complex, and this is where an experienced pedestrian accident lawyer becomes invaluable. Laws regarding shared fault can vary slightly between states, making local legal expertise essential.
Two primary systems are commonly used to handle accidents where both parties are at fault:
Contributory Negligence
This is an older, stricter rule still used in some jurisdictions (such as Alabama, Maryland, North Carolina, Virginia, and Washington D.C.). It’s an “all-or-nothing” system: if the plaintiff (the injured party) is found to be even slightly at fault, they are barred from recovering any compensation from the other party, regardless of the extent of the other party’s fault.
Comparative Negligence
Accident Lawyer – Jeffrey Beltz
Unlike contributory negligence, this system attempts to determine the comparative responsibility of each party involved. Under this system, proving the other party’s fault doesn’t necessarily eliminate the plaintiff’s liability but rather reduces the total compensation they can receive based on their percentage of fault. There are two main variations:
- Pure Comparative Negligence: In states following this rule, liability is split purely according to each party’s percentage of comparative responsibility. For example, if a driver is found 30% responsible for an accident that caused $1,000 in pedestrian damages, the driver would be liable for $300 (30% of $1,000).
- Modified Comparative Negligence: This system also splits liability based on percentages, but with a crucial difference: if one party’s fault exceeds a certain threshold (usually 50%), that party is barred from recovering any compensation. For instance, if a driver was 30% responsible and the pedestrian was 70% responsible for $1,000 in damages, the pedestrian would be barred from recovering the $300 from the driver because their fault (70%) exceeded the 50% threshold.
In Texas, a modified comparative negligence system (specifically, the “proportionate responsibility” rule) is applied. This means that if a pedestrian is found to be more than 50% at fault for an accident, they generally cannot recover any damages from the driver. However, if they are found 50% or less at fault, their recoverable damages will be reduced by their percentage of fault.
