If you were the victim of a pedestrian accident in Texas, you might be wondering whether you can still recover compensation if you share some of the blame. The short answer is you can, but only up to a point; the facts of your case and how they interact with state law will dictate how things ultimately conclude.
Learn more about how Texas handles contributory fault in a pedestrian accident case below, and reach out to an attorney for a free consultation if you’re ready to get started with your claim.
Texas’s Modified Comparative Fault Law
Texas follows what is known as a “modified comparative fault” standard. Under this statute, your compensation is reduced by whatever percentage of blame is assigned to you. For example, if you are found 25% at fault and your total damages amount to $400,000, your recovery would be reduced to $300,000.
The critical threshold to know about is 51%. If you are found to be more than 50% responsible for the accident, you lose the right to recover any compensation at all. This is commonly referred to as the “51% bar” because reaching that number eliminates your claim entirely.
How Fault Is Determined in a Pedestrian Accident
Several factors come into play when fault is being assessed in a Texas pedestrian accident case. These can include:
- Whether the pedestrian was using a crosswalk or crossing at a signal
- Whether the driver was speeding or otherwise acting carelessly
- The lighting and visibility conditions at the time of the crash
- Whether either party violated a provision of the Texas Transportation Code
- Witness accounts and available video footage
Per Texas Transportation Code §552, both drivers and pedestrians have legal obligations on the road. A pedestrian who crosses mid-block isn’t automatically at fault, but they are required to yield to oncoming traffic when doing so. On the flip side, drivers must exercise due care to avoid hitting a pedestrian regardless of the circumstances.
What Should I Do if I’m Being Blamed?
If you’ve been involved in a pedestrian accident and the other side is pointing the finger at you, there are steps you can take to protect your legal rights. Keep the following in mind:
- Do not apologize for the accident or accept any blame at the scene. Even a casual comment could be used against you later.
- Seek medical attention right away. Prompt treatment creates a documented link between the crash and your injuries.
- Gather evidence if you’re physically able to do so, including photos of the scene and contact information from any witnesses.
- Do not give a recorded statement to the other driver’s insurance company before speaking with a lawyer.
- Contact a personal injury attorney as soon as possible. An experienced lawyer can push back against inflated fault allegations and work to keep your percentage below the 51% cutoff.
Taking these steps early on can go a long way toward protecting your claim. The more prepared you are, the harder it becomes for the insurance company to pin unfair blame on you.
Contact Cal Mundell Law Firm, PLLC for a Free Consultation After a Pedestrian Accident
Being partially at fault for a pedestrian accident in Texas does not automatically disqualify you from recovering compensation. As long as your share of the blame stays at 50% or below, you still have the right to pursue damages for your injuries.
If you were recently involved in a pedestrian accident, reaching out to a lawyer for a free consultation is one of the best steps you can take. Contact Cal Mundell Law Firm, PLLC today at (915) 285-4626 to get started with your case.