When an accident involving a pedestrian and a motor vehicle occurs, many people assume that the driver of the motor vehicle will be found at fault for the crash, supposing that a pedestrian always has the right of way. However, this isn’t true; while motor vehicle drivers are certainly expected to yield to pedestrians in many cases, pedestrians too are bound to requirements and can be found at fault for a crash. If you have been in an accident, our Austin pedestrian accident attorney can offer representation and assist you in understanding your rights and the law. For now, here’s a look into situations in which a pedestrian may be found at fault for a car accident–

Pedestrian Crosses on a “Don’t Walk” Signal

When a crosswalk in Austin is marked and is controlled by a traffic control device, a pedestrian has an obligation to comply with the device’s instructions. As such, if a pedestrian enters a roadway, even if they are within a crosswalk when a traffic control device reads, “Don’t Walk” or “Wait” and an accident occurs, the pedestrian may be found liable for damages.

Pedestrian Suddenly Leaves a Curb or Other Place of Safety

As found in Texas Transportation Code Section 552.003 (b), a pedestrian is prohibited from suddenly leaving “a curb or other place of safety” and proceeding into the path of a vehicle when the vehicle is close enough that it is impossible for the driver to yield to the pedestrian. If a pedestrian does suddenly enter the roadway and puts themselves in the path of a driver and an accident occurs, the driver will likely not be held liable for damages that result.

Pedestrian Crosses at a Place Other than a Crosswalk

While a pedestrian does have the right-of-way in a crosswalk (assuming the traffic control device does not indicate that the pedestrian should not proceed), if a pedestrian is crossing at a place other than a marked or unmarked crosswalk, the pedestrian is required to yield the right-of-way to any oncoming vehicles.

Pedestrian Demonstrated Negligence

The above examples are specific instances of when a driver likely won’t be found at fault for a pedestrian crash, based on statutes found in Texas’ traffic code. However, the fault of a driver may also be reduced if evidence is produced that shows that a pedestrian’s own negligence contributed to the crash. For example, even if the pedestrian was crossing in a marked crosswalk when they had the right-of-way, evidence of intoxication or distraction (i.e. texting while walking) may be suggestive of the claim that the pedestrian contributed to their own harm by failing to exercise the proper degree of care to prevent an accident. As such, the pedestrian’s recoverable damages amount may be reduced in proportion to their degree of fault.

Call Our Austin Pedestrian Accident Attorney Today

If you have been involved in an accident as a pedestrian, you have likely incurred numerous forms of damages, ranging from medical expenses to disability and more. In order to preserve your right to compensation, it’s important that you understand how to prove fault in a pedestrian accident claim. Please reach out to our Austin pedestrian accident attorneys today for a free consultation and information about your options.

Each year, the city of Austin sees around 15,000 automobile crashes, resulting in thousands of injuries and dozens of fatalities. But no one is more vulnerable in a car accident than pedestrians. Unlike other motorists, a pedestrian lacks any protective barrier between them and a negligent driver, so they end up suffering the brunt of any collision.

As an experienced Austin pedestrian accident attorney, I have met with clients who have suffered horrific injuries—concussions, amputations, paralysis, and spinal cord damage. Their lives have been forever changed because of the actions of a careless or reckless driver.

We have also met with too many grieving family members who lost a loved one in a crash. Please follow the tips below for more information about how to avoid a fatal accident.

Always Use Crosswalks & Sidewalks

You should never jaywalk, which dramatically increases the chances of an accident. Motorists are not expecting a person to shoot out into the middle of the road, so always walk to the nearest crosswalk when you want to cross. Remember to wait until the light tells you it is okay to go. Also, remember to use the sidewalk whenever one is available. If there is no sidewalk, stay as close to the shoulder as possible to reduce your chances of getting hit.

Yield the Right of Way, if Necessary

A pedestrian in a crosswalk has the right of way, but don’t expect motorists to respect that. Too many motorists think that pedestrians should yield to them. Out of an abundance of caution, always yield to a vehicle that is racing through the crosswalk.

Make Yourself Visible at Night

A motorist who can’t see you is much more likely to crash into you, so increase your visibility accordingly. Some measures people take include:

• Walking with a flashlight
• Putting reflective tape on your jacket, book bag, or hat
• Avoiding wearing dark clothing, which will cause you to blend in with the night

Watch Out for Bicycles, Too

Trucks and cars are not the only dangers a pedestrian must watch out for. People on a fast-moving bicycle can also slam into pedestrians and cause life-threatening injuries. Unfortunately, many cyclists are even less observant of the rules of the road than drivers of passenger sedans, so keep your eyes peeled for any approaching bikes.

Avoid Distracted Walking

If you’re looking at your cell phone, you’ll never see a vehicle racing toward the intersection. Wearing headphones can also limit your ability to hear a vehicle, making you even more vulnerable. Always reduce distractions and remain alert to your surroundings. Walk on the side of the road facing traffic so you can see the vehicles as they approach.

Go Immediately to the Doctor if You are Struck

Some people actually feel fine after being hit, only to finally succumb to problems a day or two later. You might not immediately know whether or not you have suffered a serious injury, so go to the doctor or hospital to be checked out. Some brain injuries, for example, don’t manifest for a day or two.

Meet with a Pedestrian Accident Attorney

If you or a loved one was struck by a car or bicycle, you must move quickly to preserve your right to legal compensation. Talk with an  Austin Pedestrian Accident Attorney today. Robert Littlefield Buford III has helped countless pedestrians after a serious injury, and he is available to discuss your legal options as well.

To schedule a free consultation, please call us today at 512-456-9126.

Pedestrians can suffer serious and fatal injuries in collisions with motor vehicles, and sometimes those crashes involve negligent pedestrians. Motorists in Texas are familiar with the idea that pedestrians always have the right-of-way. While this is true in many scenarios, a pedestrian can behave in a careless or reckless manner, and that behavior can result in a collision. In such situations you might be asking yourself: is a pedestrian ever at-fault in an accident?

An Austin pedestrian accident attorney can say more, but generally speaking, in situations where a pedestrian was distracted or violated traffic laws, that pedestrian may be at fault for his or her injuries.

Scenarios in Which a Pedestrian Might Be Liable for an Accident

How can a pedestrian be responsible for an auto accident? There are numerous situations in which a pedestrian may have at least some liability—or at least be partially to blame—for a motor vehicle collision. The following are examples of scenarios in which a pedestrian could be found at fault for a crash:

• Distracted walking while listening to music or texting on a smartphone;
• Jaywalking, or crossing outside of a designated crossing area;
• Crossing in a crosswalk when the traffic signal indicates not to cross (such as when a pedestrian has a “Do Not Walk” signal);
• Intoxicated walking;
• Walking in areas where pedestrians are prohibited, such as on highways; and
• Trespassing, such as on train tracks or on private property.

To be clear, most pedestrian accidents do result from a motorist’s negligence. For instance, pedestrians routinely suffer debilitating injuries because an automobile driver was talking or texting while driving, or because a motorist was driving aggressively and failed to stop at a crosswalk. Yet pedestrians can be wholly or partially to blame when a collision occurs. At the same time, even when a pedestrian is at fault to a degree, that pedestrian still may be eligible to seek financial compensation from the motorist involved in the crash.

Proportionate Responsibility in Austin Pedestrian Collisions

When a pedestrian is partly to blame for an accident but not wholly to blame, Texas law on proportionate responsibility (Tex. Civ. Prac. & Rem. Code Ann. §§ 33.001-33.017) says that the pedestrian may remain eligible for compensation.

As long as a pedestrian is not more responsible (or more at fault) than the other parties involved in the crash, the pedestrian still can recover damages. To put that another way, if a pedestrian is 50 percent or less at fault, she can still obtain damages from the other at fault party. In such a scenario, the pedestrian’s damages award will be reduced by her percentage of fault. For example, if a plaintiff is determined to be 20 percent at fault, a damages award of $50,000 would be reduced by 20 percent, or $10,000, and she would receive $40,000 total. Once a plaintiff is 51 percent or more at fault, however, the law bars her from recovering anything.

Seek Advice from an Austin Pedestrian Accident Lawyer

While pedestrians do have the right-of-way in most places in Austin, and motorists do owe a duty of care to pedestrians, bicyclists, and other motorists on the road, sometimes pedestrians can be at fault in an accident. However, just because a pedestrian was partially to blame does not mean that the pedestrian is ineligible for compensation. If you were injured in a collision, you should speak with an Austin pedestrian accident attorney about filing a claim for compensation. Contact Robert Littleford Buford III, Attorney at Law, at 512-710-1057.

Perhaps the most common type of pedestrian accident in Austin is one that occurs when a pedestrian is crossing the street. Indeed, this type of accident is much more common than one that happens when a pedestrian is walking alongside a roadway.

Pedestrian accidents are a serious problem, both in Austin and nationwide. In fact, an article published in USA Today reports that there were nearly 6,000 pedestrians killed in crashes across the country in 2017, a number that has remained consistently high over the past two years. In Texas, the rate of pedestrian death was the 13th-highest in the country.

Why Are Pedestrians Being Hit in Crossing Accidents?

Figuring out the mystery behind why more pedestrian accidents are occurring is crucial to reducing the number of these accidents. According to the same report cited above, some of the driving factors behind the uptick in pedestrian deaths are:

• Pedestrian use of mobile devices when crossing. When pedestrians use mobile devices to text, look at their screens, or even listen to music, they are distracted and have a tougher time seeing and hearing approaching motor vehicles. Using a mobile device while walking is especially risky in urban environments.
• Driver use of mobile devices behind the wheel. Not only is it dangerous when pedestrians use their phones, but when drivers use their devices when behind the wheel, the risks of collision increase. Distracted driving has increased with the ubiquity of the mobile device.
• Drugged driving and walking. In addition to more people using their phones when walking or driving, reports indicate that there are more drugged drivers and walkers. Drugs can undoubtedly impair judgment, thereby increasing the risk of crash.

While efforts are underway on both a national and state level (Texas Department of Transportation has launched the “Be Safe. Be Seen.” campaign, and reflective bags have been provided to school children and homeless persons, who are the two groups most at risk of pedestrian crash), individual efforts are critical. If you’re walking or driving in Austin, exercising caution–especially at crossing areas where crashes are most common–is paramount to safety.

What to Do If You’re in a Pedestrian Crossing Accident in Austin

If you are involved in a pedestrian crossing accident where you are acting as the pedestrian, it’s important to know what to do. First, you should seek medical care. If you are able to do so and injuries do not prevent it, you should collect any evidence at the scene that you can, including pictures of what happened and the names of any witnesses.

It is imperative that you follow your doctor’s instructions for treatment and that you keep a record of all of your medical bills. As soon as you are able to, you should reach out to a skilled lawyer for a consultation about your rights and options for recovering damages.

Robert Littlefield Buford III, Attorney at Law Can Help

If you’ve been in a pedestrian crossing accident, our lawyer can help you. Call Austin pedestrian crossing accident lawyer Robert Littlefield Buford III, Attorney at Law today for a free consultation and legal information. Our lawyer can help you seek a fair settlement for your injuries.