In Texas, whoever is at fault for a pedestrian accident can be held liable for damages. However, determining liability is complicated by the state’s modified comparative fault rule:
- Driver Liability: Drivers are typically liable if they violate traffic laws or fail to yield the right-of-way to pedestrians at crosswalks or intersections. Common negligent behaviors include speeding, distracted driving, and ignoring traffic signals.
- Pedestrian Liability: Pedestrians can also be found partially or fully liable if they act negligently, such as by jaywalking, crossing against traffic signals, or entering the roadway unexpectedly.
- Shared Fault: If both parties share fault, compensation is adjusted accordingly. Under Texas law, if a pedestrian is found to be 51% or more at fault, they are barred from recovering damages.
Other parties, like a driver’s employer or, in very rare instances, a government entity responsible for road maintenance, may also be liable depending on the circumstances.
Determining liability can be complex, so consulting with a personal injury attorney is advisable to navigate the specifics of your case. At O’Hare and Koch Law Firm, our pedestrian accident attorneys represent individuals who have been seriously hurt while walking near roads, sidewalks, or crosswalks in Dallas, Tarrant, Denton, Collin and surrounding counties. We know how to investigate the scene, assign fault accurately, and build strong cases for fair compensation.
Common Liable Parties in a Texas Pedestrian Accident
Drivers
In many cases, a motorist is held liable for failing to yield, speeding, running a red light, or driving under the influence. Texas law requires drivers to use reasonable care, especially in areas with crosswalks or pedestrian signals. Reasonable care means operating a vehicle with the caution and attention that a prudent person would use under similar circumstances. Failure to do so often forms the basis of a negligence claim.
Pedestrians
Texas pedestrians must also follow traffic laws. Jaywalking, crossing against signals, or walking in prohibited zones can make a pedestrian partially or fully responsible for the accident. Even so, being partially at fault does not prevent you from recovering damages, and your compensation may just be reduced based on your share of fault.
Property Owners or Municipal Entities
Sometimes poor lighting, broken sidewalks, or lack of signage can contribute to a pedestrian crash. In cases like these, liability may fall on the property owner and in rare instances on governmental entities responsible for maintaining a safe environment.
Commercial or Third Parties
When a pedestrian is struck by a driver who was on the job—such as a delivery driver, rideshare operator, or utility worker—the driver’s employer or associated commercial insurer may also be held liable. Under Texas law, companies can bear responsibility for accidents caused by employees acting within the scope of their employment. Liability may also stem from negligent hiring (e.g., employing drivers with poor safety records), inadequate training, or enforcing demanding schedules that encourage speeding or reckless driving.
How Texas Comparative Negligence Affects Your Claim
Texas follows a modified comparative negligence rule. This means:
- You can recover damages if you were less than 51% at fault
- Your compensation is reduced by the percentage of fault assigned to you
For example, if you are awarded $100,000 but found 20% at fault for crossing outside a crosswalk, you would receive $80,000.
This rule makes it even more important to have an attorney on your side who can gather strong evidence and push back against unfair allegations of fault. Insurance companies often use comparative fault to try to reduce payouts, even in situations where the pedestrian clearly had the right of way.
Proving Liability in a Pedestrian Accident
Winning your case starts with a detailed investigation. Evidence that can help prove liability includes:
- Police reports
- Eyewitness accounts
- Surveillance or traffic camera footage
- Accident reconstruction analysis
- Cell phone or vehicle data
- Toxicology reports (in DUI-related cases)
The experienced attorneys at O’Hare and Koch Law Firm will thoroughly collect, preserve, and evaluate critical evidence to build a strong case on your behalf. We will also work to protect your rights by handling communications with insurance companies and shielding you from common tactics they use to minimize or deny claims.
Why Choose O’Hare and Koch Law Firm?
Pedestrian accidents often result in catastrophic injuries, including broken bones, head trauma, spinal injuries, and long-term disabilities. When you’re trying to recover, the last thing you need is to fight a liability battle with an insurance adjuster.
At O’Hare and Koch Law Firm, we:
- Understand the unique challenges of pedestrian accident claims
- Have extensive experience with comparative negligence disputes, and
- Take swift legal action to preserve evidence and protect your case value
We have a long history of helping individuals in Dallas and North Texas hold negligent drivers and companies accountable after serious pedestrian crashes.
Talk to a Pedestrian Accident Lawyer Today
If you were hit by a vehicle while walking, don’t wait to reach out for legal representation. Time limits—known as statutes of limitations—can restrict your ability to file a claim, and critical evidence such as surveillance footage and accident scene details can disappear quickly. The sooner you act, the better your chances of building a strong case.
At O’Hare and Koch Law Firm, with over five decades of experience, we can evaluate the facts, identify all potentially liable parties, and guide you through the legal process. Our goal is to secure the compensation you need to cover medical bills, lost wages, and long-term recovery needs.
Contact us today to schedule a free consultation.
