Walking is both a common mode of transportation and a means of exercise for many Houston residents. Houston streets and sidewalks are reasonably safe for pedestrians who follow Texas and Houston regulations. Determining liability in Houston pedestrian accident cases often depends on where the accident occurs.

If you were struck by a vehicle in an area where you are allowed to walk, such as a crosswalk, intersection, or sidewalk, the driver may be responsible for your injuries. You need legal assistance from a pedestrian crash attorney to protect your rights and ensure you receive the compensation you deserve. At KGS Law PLLC, we can help you with your case.

Who is Liable in a Pedestrian Accident?

In any pedestrian accident in Houston, liability is determined by who was most responsible for the incident. In a pedestrian accident, pedestrians have the right of way in marked and unmarked crosswalks, at intersections when they have the signal, and on sidewalks. Drivers must use caution at all times, even when a pedestrian is not in one of these areas.

Pedestrians must obey traffic laws, such as not crossing against the light or jaywalking. When walking in areas without sidewalks, pedestrians must face traffic. Even in areas where they have the right of way, pedestrians should use care when crossing the street.

Both parties must use reasonable care in all situations. Merely because the law protects a driver or pedestrian in any situation does not mean they will not be liable if they could have avoided an accident. Drivers must use extra care when children or disabled individuals are crossing streets or in intersections.

Modified Comparative Negligence

Texas follows a modified comparative fault system when determining liability in an accident. This means that both parties’ responsibility for an accident is calculated when deciding who had the greater fault.

For example, if an accident occurred at an intersection, insurers look at whether the pedestrian’s signal was green or red. Crossing against the light makes the pedestrian more liable for their accident, since that is against traffic regulations. However, common sense is also a factor. If a driver could have stopped, even if a pedestrian was crossing against the light, they are also liable.

Under the comparative negligence system, plaintiffs can recover damages if they are less than 51 percent at fault. An attorney can explain how various factors can affect the determination of fault in a Houston pedestrian accident claim. Some things that can impact a case include:

  • Municipal rules, if any
  • The driver’s actions and traffic laws
  • The pedestrian’s actions and traffic laws
  • Weather, street conditions, and other external factors

The compensation is reduced by the percentage of fault. For instance, if a pedestrian is found to be 10 percent liable in their accident, they can still recover 90 percent of their damages in a claim.

Hire Us To Help Establish Liability in Your Houston Pedestrian Crash Case

After a pedestrian accident, you need legal help collecting the information needed to prove who was responsible for the accident. Proving liability in Houston pedestrian accident cases can be the difference between obtaining a fair settlement and being found partially at fault.

At KGS Law PLLC, we will explain how liability and fault are assessed in pedestrian claims, and our legal team will give you guidance on the best way to make your accident claim and obtain the compensation you need. Call our office and make an appointment for a free consultation on your case today.