Are Drivers Always at Fault When They Hit Pedestrians?

 Posted on March 09, 2025 in Car Accidents

According to the Texas Department of Transportation, 5,921 crashes in Texas during 2023 involved pedestrians. Those collisions caused 807 pedestrian deaths, 1,457 suspected serious injuries, 2,412 suspected minor injuries, and 1,331 possible injuries. Only 223 crashes did not cause injuries. Pedestrian accidents in Texas continue, with a fatal one already happening in Dallas on March 1st of this year.

Many people believe that drivers are always responsible for pedestrian accidents, but that is not necessarily true. Like motorists, pedestrians have to follow the rules of the road. Any wreck can have several parties sharing fault, and fault determinations directly influence your eligibility to seek compensation if you sustain injuries or a loved one is killed in a pedestrian accident. Your skilled Dallas County, TX personal injury lawyer can fight to help you collect the full amount you are entitled to.

What Are Common Pedestrian Injuries?

When pedestrians are struck by vehicles, their injuries are often extremely severe because they have no protection against the impacts. Common pedestrian injuries include:

• Multiple fractures

• Extensive deep bruising

• Head, neck, and facial injuries

• Spinal cord damage

• Traumatic brain injuries

Catastrophic injuries usually require intensive medical care. In some cases, the wounds are fatal. Even if you share fault, you could be entitled to compensation.

How Can Pedestrians Share Fault for Car Accidents?

Pedestrian laws include using crosswalks when available, following traffic and walk/don’t walk signals, and walking on the correct side of the road. Pedestrians should also pay close attention to traffic, watching for approaching cars even when they have the right of way. These laws are intended to protect pedestrians who share the roads with motor vehicles. Pedestrians may bear a portion of fault for accidents if they ignore traffic signals, enter roadways suddenly, or jaywalk.

Like drivers, pedestrians are often distracted. Listening to music through earbuds, watching the newest viral video on their phones, and carrying on intense conversations with their companions can lead pedestrians to enter streets and walk into oncoming traffic.

Why Does It Matter Who Causes a Pedestrian Accident?

When someone else injures you, whether intentionally or negligently, they are liable for compensating you for your damages. Without proof of that fault, you cannot force that party to pay you.

In addition, you could be disqualified from pursuing compensation if your share of the blame is more than 50 percent. If you meet the eligibility requirements, your settlement amount will be reduced by your percentage of fault.

Whether you need to file a personal injury claim as an injured victim or a wrongful death claim because a pedestrian accident claimed the life of a loved one, you need an experienced lawyer advocating on your behalf if you hope to secure the highest possible amount.

Discuss Your Case With a Board-Certified Dallas, TX Pedestrian Accident Lawyer

Choosing the right Irving, TX personal injury attorney to handle your case is extremely important. Contact Jerry D. Andrews, P.C. online or call 214-221-5800 now to set up your no-cost consultation. Se Habla Español.