Crosswalk Catastrophe: When Can You Sue for a Pedestrian Accident in Texas?

Every year, thousands of pedestrians are injured or killed in traffic accidents. In 2023 alone, Texas saw 807 pedestrian fatalities and 1,457 serious injuries resulting from pedestrian accidents. When these incidents occur in crosswalks, the question of legal recourse becomes paramount. If you or a loved one has been involved in a “Crosswalk Catastrophe” in Texas, understanding your rights and when you can sue is crucial.

Understanding Pedestrian Rights in Texas

Texas law grants pedestrians certain rights to ensure their safety on the road. Drivers are legally obligated to exercise caution and yield the right-of-way to pedestrians in specific situations, such as marked crosswalks and intersections. According to the Texas Transportation Code Sec. 552.003, drivers must stop and yield the right of way to pedestrians in a crosswalk. This applies even if there isn’t a traffic control signal. When a driver fails to uphold these responsibilities and strikes a pedestrian, the injured party has the right to seek financial compensation for the damages incurred.

Grounds for Filing a Pedestrian Accident Lawsuit in Texas

To successfully pursue a pedestrian accident lawsuit in Texas, you typically need to establish that the driver was negligent. Negligence, in legal terms, means the driver failed to exercise reasonable care, leading to the accident and your injuries. Several factors can establish negligence:

Violation of Traffic Laws: Drivers must obey traffic laws, including speed limits and right-of-way rules. Disregarding these laws and causing an accident is considered negligence.
Distracted Driving: Engaging in activities that divert attention from driving, such as texting or using a cell phone, is a common form of negligence.
Driving Under the Influence: Operating a vehicle while impaired by alcohol or drugs significantly impairs judgment and reaction time, constituting negligence.
Failure to Yield: Drivers must yield to pedestrians in crosswalks and intersections. Failing to do so is a clear indication of negligence.

Beyond negligence, other grounds for a lawsuit exist:

Recklessness: This involves a willful disregard for safety, such as drunk driving, excessive speeding, or street racing.
Intentional Acts: While less common, if a driver intentionally hits a pedestrian, it can lead to a lawsuit for assault and battery in addition to personal injury.

Proving Negligence

To win a pedestrian accident claim, you must prove that the driver’s actions directly caused your injuries. This often involves gathering evidence such as:

Eyewitness Testimony: Statements from individuals who witnessed the accident.
Police Reports: Official documentation of the accident, including the officer’s assessment of fault.
Traffic Camera Footage: Video recordings of the incident.
Expert Analysis: Reconstruction of the accident by experts to determine the cause and contributing factors.

What if the Pedestrian Was Partially at Fault?

Texas follows a “modified comparative fault” rule. This means you can still recover damages even if you were partially at fault, as long as your percentage of fault does not exceed 50%. However, your compensation will be reduced by your percentage of fault. For example, if you are found to be 20% at fault and your total damages amount to $10,000, you would receive $8,000. If you are found to be 51% or more at fault, you will be barred from recovering any damages.

Even if you were jaywalking – crossing the street outside of a designated crosswalk – you might still be able to recover damages if the driver who hit you was also negligent. The key is determining the degree of fault for both parties.

Damages You Can Recover

If you’ve been injured in a pedestrian accident, you may be entitled to compensation for a range of damages, including:

Medical Expenses: Costs associated with immediate care, hospital stays, surgeries, physical therapy, and future treatments.
Lost Wages: Compensation for income lost due to your injuries.
Pain and Suffering: Non-economic damages for physical pain and emotional distress.
Loss of Earning Capacity: Compensation for long-term or permanent disabilities that limit your ability to work in the future.
Disfigurement or Permanent Disability: Additional compensation for scarring, amputations, or other permanent impairments.
Punitive Damages: In cases of gross negligence or intentional misconduct, punitive damages may be awarded to punish the defendant and deter similar behavior in the future.
Wrongful Death Damages: If the accident results in a fatality, surviving family members may be entitled to damages for funeral costs, lost financial support, and emotional suffering.

The average payout for a pedestrian hit by a car in Texas ranges from $15,000 to $150,000, but this amount can vary significantly depending on the severity of the injuries and other factors.

Statute of Limitations

In Texas, the statute of limitations for personal injury claims, including pedestrian accidents, is two years from the date of the accident. If you fail to file a lawsuit within this timeframe, you risk losing your right to seek compensation.

There are a few exceptions to this rule:

Minors: If the victim was under 18 at the time of the injury, the two-year countdown doesn’t start until their 18th birthday.
Mental Incapacity: If the accident leaves the victim mentally incapacitated, the court may extend the statute of limitations.
Out-of-State Defendant: If the at-fault party leaves Texas, the countdown pauses until they return.

The Importance of Legal Representation

Navigating the legal complexities of a pedestrian accident claim can be challenging. Insurance companies often try to minimize payouts or shift blame to the pedestrian. An experienced Texas personal injury attorney can:

Investigate the accident scene and gather evidence.
Work with medical experts to document your injuries.
Negotiate with insurance companies to reach a fair settlement.
Represent you in court if a settlement cannot be reached.

Conclusion

Being involved in a pedestrian accident can be a devastating experience. Understanding your rights and the legal options available is the first step toward seeking justice and recovering the compensation you deserve. If you or a loved one has been injured in a “Crosswalk Catastrophe” in Texas, consulting with a qualified personal injury attorney is essential to protect your interests and navigate the complexities of the legal process.