How Fault Is Determined In A Pedestrian Accident
Pedestrian accidents can happen in a matter of seconds, but the process of determining who is responsible can take much longer. Fault is an essential part of any personal injury claim because it directly affects compensation and liability. Both drivers and pedestrians must follow traffic rules, and when those rules are broken, it can shift responsibility. Sometimes, working with a lawyer is necessary to help determine fault.
Traffic Laws And Right Of Way
One of the first factors in determining fault is the set of traffic laws that apply to both drivers and pedestrians. Drivers are required to yield at marked crosswalks and intersections, while pedestrians are expected to obey signals and avoid crossing outside of designated areas. When either party fails to follow the law, the question of fault becomes clearer. For example, a driver who runs a red light and strikes someone in a crosswalk is likely to be held responsible.
Evidence That Supports A Claim
Evidence is crucial when assigning responsibility after an accident. Police reports often provide the starting point, recording details such as skid marks, vehicle position, and witness statements. Photographs from the scene, video footage from nearby cameras, and medical records can also play an important role. Witness testimony can further support or challenge the accounts given by the driver or pedestrian. An experienced pedestrian accident lawyer can help you gather and leverage evidence to prove that the other party was at fault.
Comparative Negligence In Texas
Texas uses a system known as comparative negligence. This means that fault can be shared between the parties involved. If a pedestrian is found to be partly at fault, their compensation may be reduced in proportion to their share of responsibility. For instance, if someone is awarded damages but is considered 20 percent at fault, the final recovery will be reduced by that same percentage. However, if a pedestrian is found to be more than 50 percent responsible, they cannot recover damages under Texas law. This rule makes fault determination especially important in pedestrian accident cases.
Insurance Company Evaluations
Insurance companies play a large role in assessing fault after a pedestrian accident. Adjusters review police reports, interview witnesses, and examine medical bills to decide how to handle a claim. Their findings may not always align with the perspective of the injured person, which is why many turn to a pedestrian accident lawyer for guidance. Personal injury attorneys understand that insurance companies often try to deny or minimize coverage, but a strong, legal defense and negotiations can help victims overcome this.
Why Legal Guidance Is Valuable
For pedestrians injured in Texas, having someone knowledgeable in this area of law can make a significant difference. Attorneys review evidence, apply state law, and advocate for fair outcomes when insurance companies or opposing parties dispute responsibility. As attorneys like those at Kelso Law can attest, establishing fault is rarely straightforward, but it is one of the most important steps in protecting a victim’s rights. Call a lawyer today to get the help you need!
