Who Is At Fault in a Pedestrian Accident?

Man on pedestrian crossing in autumn, in danger of being hit by car concept

Even at moderate speeds, pedestrian accidents are more likely to be fatal. In 2020, more than 1,107 car-pedestrian collisions in Texas had confirmed significant injuries, such as disfigurement, shattered bones, and traumatic brain injuries. Over 700 of the wrecks were deadly.

If you were injured or someone you love was killed in a pedestrian accident, you may be entitled to hefty compensation for your losses.

Nevertheless, deciphering the laws governing pedestrian accidents and establishing an acceptable settlement is not always easy. And if your losses are significant, the last thing you want to do is accept an insufficient sum to fulfill your long-term demands.

In this post, we'll examine how the law regards pedestrians struck by vehicles, what kind of damages you could be eligible for, and why engaging a personal injury lawyer can assist to preserve your rights and maximize your compensation or verdict.

Who Pays for Pedestrian Accident Claims in Texas?

Filing an insurance claim as an injured pedestrian in Texas is quite similar to individuals engaged in more classic two-car incidents.

Because Texas is a tort state, the responsible party is liable for paying medical bills, wage decreases, pain and suffering, and any other relevant damages resulting from the accident. If you were a pedestrian hit by a vehicle and it was not your fault, you would normally make a claim with the at-fault driver's insurer.

Nevertheless, for many pedestrians, this isn't the end of the story. If the motorist is uninsured (as is the case for approximately one in every six Texas motorists) or if you've been injured by a hit-and-run, you may have no recourse.

Even if the motorist is insured, Texas just requires $30,000 in liability coverage per individual (or $60,000 overall for a multi-victim auto accident). Given how common pedestrian casualties are, this figure may need to be revised to pay for your losses.

Luckily, there are other possible insurance options you can turn to.

Suppose you have underinsured and uninsured motorist coverage (UI/UIM) or personal injury protection (PIP) on your own car insurance. In that case, these policies may apply even if you were not in your vehicle at the time of the collision.

A pedestrian accident lawyer can assist you in identifying all possible sources of insurance revenue so you can achieve the highest possible compensation.

Is it Possible for a Pedestrian to Be at Fault in an Accident?

Certainly. Even in pedestrian incidents, the vehicle's driver is not always to blame. The motorist and the pedestrian are frequently both to blame. In rare circumstances, the pedestrian struck by an automobile may be held primarily or wholly responsible.

A pedestrian, for example, could be deemed partially accountable if they:

  • Did not obey right-of-way laws
  • Disregarded crosswalk instructions
  • Were jaywalking
  • Unexpectedly dashed into the highway (for instance, while intoxicated)
  • Were walking in a restricted or forbidden pedestrian area

However, the motorist will frequently share responsibility, for instance, if they were speeding or preoccupied behind the wheel.

What Texas Law Means for Your Pedestrian Accident Claim

Texas follows the modified contributory negligence rule. Only if you are determined to be 50% or less at fault for the crash can you seek financial compensation to cover your losses.

Furthermore, your share of the blame reduces the money you can recover. For instance, if you file a $100,000 claim and a jury deems you 25% at fault, you can only get $75,000.

Personal injury claims involving shared or uncertain fault are usually contentious and take longer to settle. Working with an personal injury attorney can assist you in protecting your legal rights and negotiating a reasonable settlement.

What is the Typical Settlement for a Pedestrian Hit by a Car?

Because the scope of probable outcomes is so wide, discussing the average settlement for a pedestrian hit by a car isn't all that useful. Each pedestrian accident claim is distinctive, and various circumstances determine the final settlement amount.

Some of the elements that go into determining a reasonable settlement amount are as follows:

  • Your medical expenses—both those you've already incurred and those you're likely to incur later on.
  • The complete amount of your anticipated lost wages, both now and later on.

Non-economic damages include things like pain and suffering and emotional anguish. Suppose your injuries have a major long-term influence on your quality of life and daily routine. In these cases, non-economic damages compensate you for the negative impacts and inconveniences the accident had on your life.

Punitive damages may be awarded if the motorist engaged in particularly hazardous or hostile behavior, such as unreasonable speeding or driving while intoxicated.

As previously stated, the quantity of your compensation may be restricted by your percentage of culpability in the accident and the total policy limitations of any insurance policies available to you.

Calculating a fair settlement amount with the assistance of a skilled attorney can be easier. While present medical expenditures are simple to compute, future economic losses and pain and suffering damages are not.

If you take a settlement offer, you waive your privilege to later sue or negotiate for further compensation. For this reason, it is critical to ensure that you are obtaining a fair offer. You don't want to end up in a situation where your settlement check has gone out, but you're still dealing with the aftermath of your injuries five or ten years later.

Did a Car Hit You? Allow the McKinney Vos Team to Assist You

Suppose you or a family member was hit by a motor vehicle while walking.

In that case, you need professional legal representation and a pedestrian accident attorney who can assist you in navigating personal injury claims procedures, negotiating with insurance company adjusters on your behalf, and fighting for rightful compensation—whether through an injury settlement or a jury verdict.

At this point, you should be concerned with your fitness and recuperation, not with whether or not you're getting an honest deal from your insurance carrier.

Our Texas pedestrian accident attorneys fight for the rights of gravely damaged persons. Your case review is free, and you never pay upfront or out of pocket because we work on a contingency fee basis.