As you are about to cross the road, a driver suddenly hits you out of nowhere. They then tell you that they did not see you. This statement may sound like an excuse to get out of trouble, but it can be a confession of negligence. Understanding Texas law on pedestrian rights is key to filing an injury claim against them.
Statutory protections for pedestrians
In Texas, you have the right-of-way when crossing in a marked or unmarked crosswalk. A driver must yield if you are within a crosswalk on their half of the road or approaching so closely as to be in danger. However, you must not leave the street suddenly and walk or run into the path of a vehicle. If you are close to a moving car, it is impossible for the driver to yield.
The duty of care for motorists
Regardless of right-of-way, a driver must exercise due care to avoid hitting you on any roadway. The law prohibits them from claiming that they had no responsibility to try to avoid a collision, which can include failing to see you. If a driver had a chance to avoid you but failed to honk or yield, they can be liable for your damages.
Navigating Texas’s modified comparative negligence
As the injured party, you may file a claim against the driver. However, the opposing party can shift the blame to you by arguing that you were at fault due to jaywalking. Under Texas’s modified comparative negligence rule, you are barred from recovery only if you are more than 50% at fault for the accident.
Given the complexity of your case, leaving it to chance can jeopardize your recovery. An experienced personal injury attorney can offer guidance on building your claim that advocates for your pedestrian rights.