Because Texas is a “comparative negligence” state, questions relating to exactly why a crash happened and exactly what was done before, during, and after the wreck are extremely important. Unfortunately, the legal concept of “negligence” may not be completely in-line with what seems like obvious fault, and victims are often tasked with proving that the at-fault driver should be held responsible.
While legal “negligence” is an abstract idea that is sometimes difficult to understand, it really boils down to questions of what was done—or not done—that contributed to the crash and your injuries. Because of this, the exact behaviors that constitute negligence may vary from case to case.
Common Examples of Negligence Under Texas Law:
- Speeding or running a red light
- Driving inappropriately for current weather or road conditions
- Texting or talking on the phone while driving
- “Road rage” and aggressive driving behaviors
However, while it is often the driver who is held negligent, there are situations in which the pedestrian may carry the weight of responsibility in a crash. For example, if a pedestrian was intoxicated, jaywalking, or distracted while walking, he or she may be held partially or fully negligent in the crash.
If you are having trouble holding a driver responsible for hitting you while you were on foot, an experienced attorney can thoroughly review your case, identify any problems, and help you strengthen your claim to injury compensation. For more information, speak with our team today, or connect with our team on your favorite social media platform to get regular updates about victims’ rights in Texas.