Being hit by a car is a terrifying experience. The physical pain, the shock, and the confusion can be immense. If this happened to you while you were crossing the street somewhere other than a designated crosswalk, you might be blaming yourself. It’s a common belief that if you were hit by a car not in a crosswalk, you automatically have no rights. But in Texas, the law is much more complex and compassionate than you might think. Even if you believe you were partially at fault, a Houston pedestrian accident lawyer can help show that the driver may still hold significant responsibility for your injuries.
The moments after a pedestrian accident can leave you with serious injuries and a mountain of questions. Understanding your rights is the first step toward getting the support you need to recover.
Key Takeaways about Do You Have a Legal Claim if You’re Hit Outside a Crosswalk
- A pedestrian being hit by a car outside of a crosswalk does not automatically prevent them from seeking compensation in Texas.
- Texas law uses a "proportionate responsibility" system, meaning a person can recover damages if they are found to be 50% or less at fault for the incident.
- Drivers have a legal duty of care to watch for pedestrians at all times, regardless of whether the pedestrian is in a crosswalk.
- An investigation can uncover evidence of driver negligence, such as speeding, distraction, or failure to yield, which can be crucial to a claim.
- The legal concept of "jaywalking" is specific, and crossing a street mid-block is not always illegal or a barrier to a personal injury claim.
Understanding "Fault" in a Texas Pedestrian Accident
The most important thing to understand is that "fault" isn't always an all-or-nothing concept in Texas law. You might feel like you made a mistake, but that doesn't close the door on your case. Texas operates under a legal rule called proportionate responsibility, sometimes known as modified comparative fault.
In simple terms, proportionate responsibility means that a judge or jury assigns a percentage of fault to everyone involved in an accident. As long as you are found to be 50% or less responsible for the accident, you can still recover money for your injuries. Your final compensation amount is then reduced by your percentage of fault. For example, if you were found 20% at fault, you could still recover 80% of your total damages.
So, what determines this percentage? It comes down to negligence. Negligence is a legal term for when someone fails to act with reasonable care, and that failure causes harm to another person. Both drivers and pedestrians can be negligent.
- Potential Driver Negligence: A driver could be considered negligent if they were speeding, texting while driving, failing to pay attention to the road, or driving under the influence.
- Potential Pedestrian Negligence: A pedestrian might be considered partially negligent if they darted out into traffic without looking, crossed against a traffic signal, or were distracted by their phone.
- Shared Responsibility: In many cases involving a person hit by a car outside a crosswalk, both parties share some level of responsibility, and the key is determining those percentages.
Understanding that fault can be shared is the first step in seeing that you may have a valid pedestrian accident claim, even if your actions contributed to the incident.
The Driver's Responsibility to Pedestrians Is Broader Than You Think
While pedestrians have a duty to be careful, Texas law places a significant level of responsibility on drivers. Drivers are operating two-ton machines capable of causing catastrophic injuries. Because of this, they have a high pedestrian duty of care, which means they must always be alert and take steps to avoid collisions.
This duty doesn't disappear just because a person is crossing outside of a crosswalk. Imagine someone trying to cross Westheimer Road in Houston on a busy Friday night or a family crossing the street near Memorial Park. Drivers in these areas know to expect people. The law requires them to act accordingly.
A driver’s legal duty of care includes several key actions:
- Maintaining a Proper Lookout: This is more than just glancing at the road ahead. It means actively scanning for potential hazards, including people who might be about to cross the street.
- Controlling Their Speed: Drivers must adjust their speed for the conditions. This includes slowing down in areas with heavy foot traffic, bad weather, or poor visibility, not just adhering to the posted speed limit.
- Yielding the Right-of-Way: Even when a pedestrian is not in a crosswalk, a driver who sees them and has time to stop or avoid a collision has a duty to do so.
- Avoiding Distractions: Texting, talking on the phone, adjusting the radio, or dealing with passengers are all distractions that can lead to a driver failing to see a pedestrian in time.
When a driver fails in any of these duties, they can be held negligent for the harm they cause, which is why you may need a pedestrian accident attorney to help seek compensation for your injuries.
What if I Was "Jaywalking"? The Law Is Nuanced
The word "jaywalking" gets thrown around a lot, often as a way to place 100% of the blame on the pedestrian. However, a jaywalking accident in Texas isn't so simple. The term itself doesn't always mean what people think it does, and the act of crossing mid-block isn’t automatically illegal.
According to Texas law, if a pedestrian is crossing a roadway at a point where a pedestrian tunnel or overhead crossing is provided, they must use it. If they are crossing anywhere other than a marked crosswalk, they must yield the right-of-way to vehicles.
"Yielding the right-of-way" is the key phrase. This means you have a duty not to step into the path of a vehicle that is so close it’s impossible for the driver to stop. But it does not give drivers a free pass to hit anyone not in a crosswalk. If a driver had a clear view and plenty of time to see you and stop but failed to do so, they likely breached their duty of care.
Several factors can determine whether your crossing was reasonable and how much fault might be assigned to the driver:
- Visibility: Was it daytime with a clear view, or was it dark and raining?
- Location: Were you crossing a quiet residential street or trying to cross a major thoroughfare like the I-10 service road?
- Driver's Opportunity: How far away was the car when you stepped into the street? Did the driver have a reasonable chance to see you and react?
- Traffic Conditions: Was traffic light, allowing for a safe crossing, or was it dense and unpredictable?
These details are critical in a jaywalking accident in Texas. An investigation can show that even though you crossed mid-block, the driver was the one who was truly negligent and had the last clear chance to prevent the collision.
Proving the Driver Was at Fault When You Were Hit by a Car Not in a Crosswalk
So, how do you prove a driver was negligent when the focus might be on where you crossed the street? This is where a thorough investigation becomes essential, including examining the common causes of pedestrian accidents. Building a strong case involves gathering evidence that paints a complete picture of what really happened—not just what appears obvious at first glance.
An investigation can uncover critical details that shift the focus from your actions to the driver’s failures. Evidence is key to demonstrating the driver’s share of the fault.
Here are some of the types of evidence that can be used to build your claim:
- Accident Reconstruction: Professionals can analyze the scene, vehicle damage, and other physical evidence to determine the vehicle's speed, braking distance, and the sequence of events leading up to the impact. This scientific approach can prove a driver was going too fast or wasn't paying attention.
- Witness Statements: Other drivers, passengers, or people in nearby homes or businesses might have seen what happened. Their accounts can confirm that the driver was speeding, on their phone, or had plenty of time to see you before the collision.
- Vehicle "Black Box" Data: Many modern cars have an event data recorder (EDR) that captures information like speed, braking, and steering in the seconds before a crash. This data can provide an unbiased account of the driver's actions.
- Driver's Cell Phone Records: If distracted driving is suspected, obtaining the driver's phone records through legal channels can show if they were texting, talking, or using an app at the moment of the crash.
- Surveillance Footage: It's incredible how many cameras are around us. A gas station, a storefront on a street like Richmond Avenue, or even a doorbell camera might have captured the entire incident, providing undeniable proof of the driver's behavior.
Gathering and analyzing this evidence allows a legal team to build a strong argument showing that the driver's negligence was a primary cause of your injuries.
How Compensation Works with Shared Fault
If you were hit by a car outside of a crosswalk and it’s determined that you share some responsibility, you may still be entitled to significant financial recovery. Remember the proportionate responsibility rule: as long as you are 50% or less at fault, you can file a claim.
Let’s use a clear example. Suppose you suffer serious injuries, and your total damages—including medical bills, lost income from being unable to work, and your pain and suffering—are calculated to be $200,000. After an investigation, it is determined that the driver was 70% at fault for speeding and being distracted, while you were 30% at fault for crossing mid-block.
In this scenario, you would be entitled to recover 70% of your total damages.
$200,000 (Total Damages) x 70% (Driver's Fault) = $140,000 (Your Recovery)
This system ensures that you are not left with nothing simply because you made a mistake. It holds the more responsible party accountable for the share of the harm they caused and affects how long pedestrian accident claims take to settle. The goal is to help you get the financial support you need for your recovery.
Compensation, also called damages, can cover a wide range of losses, including:
- Past and future medical expenses
- Lost wages and loss of future earning capacity
- Physical pain and suffering
- Mental anguish and emotional distress
- Disfigurement or physical impairment
Don’t let a fear of being blamed prevent you from exploring your options for securing the resources you and your family need to move forward.
FAQs for Being Hit by a Car Outside a Crosswalk
Here are answers to some common questions that arise when a person has been injured in a pedestrian accident.
Does the time of day I was hit matter for my case?
Yes, the time of day and visibility conditions are very important. If you were hit at night or during dusk, an investigation might focus on whether the driver had their headlights on, if they were driving too fast for the low-light conditions, or if the area was poorly lit. Conversely, if you were hit in broad daylight with clear visibility, it strengthens the argument that the driver should have seen you and was likely distracted or not paying attention.
What if the driver says they didn't see me?
A driver claiming they "didn't see" you is not a valid legal defense on its own. In fact, it can sometimes be an admission of negligence. Drivers have a legal duty to maintain a proper lookout for pedestrians and other hazards. If you were visible and they failed to see you, it strongly suggests they were not paying adequate attention to the road, which is a breach of their duty of care.
Will my own car insurance or health insurance cover any of my bills?
Your health insurance should cover your initial medical treatment, but you will still be responsible for deductibles and co-pays. If you have Personal Injury Protection (PIP) coverage on your own auto insurance policy, you may be able to use that to help cover medical bills and lost wages, regardless of who was at fault. Using these benefits does not prevent you from making a claim against the at-fault driver's insurance.
How long do I have to file a personal injury claim in Texas?
In Texas, the statute of limitations for most personal injury cases is two years from the date of the accident. This means you generally have two years to either settle your claim or file a lawsuit. If you miss this deadline, you will likely lose your right to seek compensation forever. It's important to act promptly to preserve evidence and protect your legal rights.
What should I do if the at-fault driver's insurance company calls me?
It is highly recommended that you do not speak with the other party's insurance adjuster or provide a recorded statement without first consulting with a lawyer. Insurance adjusters are trained to ask questions in a way that can get you to say something that hurts your claim or implies you were more at fault than you were. You can politely decline to speak with them and inform them that your legal representative will be in contact.
Let the WORK of the BOOTS and the SKILL of the SUITS Get Your Money
Being injured in a pedestrian accident is a serious disruption to your life. You're dealing with physical pain, medical bills, and uncertainty about the future. The thought that you might be partially to blame shouldn't stop you from seeking the help you deserve. At Suits & Boots Accident Injury Lawyers, we were tired of seeing good people get shortchanged because they thought they didn't have a case.
We dive deep. We put in the work to investigate every detail of your accident to find the truth and hold the right people accountable. You deserve a team that champions your cause and fights for the full and just compensation you need to heal and move forward. Let us put our Max Money Method to work for you. Don't let a moment of uncertainty define your future.
Claim your free, no-obligation 30-Day Investigation by contacting us at (713) 489-0922 or through our online form.