Pedestrians are typically the more vulnerable party in vehicle accidents, but they can still become liable under certain circumstances in Texas. Pedestrian liability arises when their actions contribute significantly to causing an accident, and it is important for all residents to understand when this could happen.
Crossing outside of crosswalks
One common scenario that may lead to pedestrian liability is jaywalking—crossing a street outside of designated crosswalks or intersections. Texas law requires pedestrians to yield the right-of-way to vehicles when crossing outside of a marked crosswalk or an unmarked intersection. If a vehicle strikes a pedestrian while jaywalking, the pedestrian may be partly or fully liable for the accident, depending on the circumstances.
Ignoring traffic signals
Another situation that could lead to pedestrian liability involves ignoring traffic signals. Pedestrians must obey walk and don’t walk signals at intersections. Crossing the street against a red light or when a “don’t walk” signal displays may result in the pedestrian being at fault if a vehicle strikes them.
Walking while impaired or distracted
Pedestrians impaired due to drugs or alcohol may also become liable for accidents. If an intoxicated pedestrian recklessly enters the roadway and causes a collision, they bear responsibility.
Similarly, distracted walking—such as walking while texting or listening to loud music with headphones—can also contribute to liability if it prevents the pedestrian from staying aware of their surroundings and leads to an accident.
Entering the roadway suddenly
Texas law also requires pedestrians to exercise caution when entering the roadway. If a pedestrian suddenly steps out in front of a vehicle without giving the driver enough time to stop, they could bear liability for the accident. Drivers must exercise reasonable care, but if a pedestrian acts unpredictably and the driver has no chance to react, the pedestrian bears fault.
Shared liability and consequences
Under Texas’ modified comparative fault rule, each party shares liability based on their percentage of fault. If a pedestrian is partially at fault but less than 51%, they may still recover damages, but their compensation will be reduced by their percentage of fault. If they are 51% or more at fault, they cannot recover any damages from the driver.
Pedestrian accidents can be complex, with liability depending on the specific actions of everyone involved. Understanding the circumstances that can lead to pedestrian liability helps promote safer behavior on the roads for both pedestrians and drivers.
