Diligent. Focused. Dedicated. Compassionate.

Do right-of-way laws impact liability in pedestrian accidents?

On Behalf of | Oct 15, 2024 | Pedestrian Accidents

Pedestrian accidents can lead to severe injuries, making it crucial to determine who is at fault. Right-of-way laws play a significant role in deciding liability in Texas pedestrian accidents. 

Understanding these laws can help determine responsibility and guide those injured in accidents in pursuing compensation.

Right-of-way rules in Texas

Texas law has specific statutes regarding the right of way for both drivers and pedestrians. Generally, pedestrians have the right of way at marked crosswalks and intersections without traffic signals. Drivers must yield to pedestrians in these situations. 

However, pedestrians also have a duty to cross safely and must avoid suddenly entering a roadway where a vehicle may not be able to stop in time. Violating these right-of-way laws can impact who is liable in an accident.

Determining liability

In pedestrian accidents, liability often depends on whether the driver or the pedestrian followed right-of-way rules. If a driver fails to yield to a pedestrian who has the right of way, the driver may be liable for the accident. On the other hand, if a pedestrian crosses outside of a crosswalk or disobeys traffic signals, they may share liability for the accident. 

In Texas, liability can be shared under the comparative fault rule, which may reduce the compensation a victim can receive based on their percentage of fault.

Importance of evidence

Establishing liability in a pedestrian accident often requires strong evidence, such as witness statements, surveillance footage, or accident reconstruction. This evidence can help prove whether the right-of-way laws were violated and who is at fault. Both drivers and pedestrians must understand their responsibilities to avoid accidents and reduce the risk of injury.

Ensuring safety on Texas roads

Right-of-way laws are essential in determining liability in Texas pedestrian accidents. By understanding and following these laws, both drivers and pedestrians can help make the roads safer for everyone.