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The Driver Isn’t Automatically At Fault In Texas Car-Pedestrian Crashes

Although a lot of people may believe that the driver is always at fault when a pedestrian is hit, many Texans might be surprised to learn that it doesn’t work that way in our state. In Texas, all parties involved in the crash are evaluated for potential fault—including the person who was on foot instead of behind the wheel.

Examples of Negligent Action in Texas Car-Pedestrian Crashes: The Driver

In some cases, it may be easy to identify driver behaviors that led to a wreck, and in other cases, it may be more subtle. Although it’s important that you work with an attorney to thoroughly evaluate the details of your case, here are some examples of driver behaviors commonly considered negligent in Texas:

  • Distracted driving, such as texting while driving, grooming, talking on the phone, etc.
  • Reckless driving, such as weaving between lanes, speeding, or ignoring traffic signals.
  • Driving drunk, drugged, or when otherwise unfit to operate a vehicle.
  • Driving or behaving aggressively behind the wheel.

Examples of Negligent Action in Texas Car-Pedestrian Crashes: The Pedestrian

While it’s fairly easy to think of ways a person can drive irresponsibly, it’s a little more difficult to try to think of ways that someone can walk irresponsibly. However, if you walk near busy roadways on a regular basis, or if you walk at night, it’s important that you consider your own responsibility in preventing a crash. In some cases, a pedestrian may be considered negligent if he or she is:

  • Talking on the phone
  • Texting and walking
  • Wearing headphones
  • Crossing outside of a crosswalk or against the light
  • Being intoxicated
  • Not wearing reflective gear at night
  • Otherwise distracted or not paying attention to traffic and signals

However, even though a pedestrian may be accused of partial fault in a crash, we encourage victims to seek legal help before giving up. Even if you may have been partially to blame for the crash in which you were injured, it may still be possible to hold the other driver responsible for his or her negligence. The Hart Law Firm represents injured pedestrians throughout Arlington, North Richland, Grapevine, Bedford, Hurst, Euless, Irving and the surrounding areas. Contact us online or call us directly at 817.380.4888.

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