Can The Pedestrian Be At Fault When A Motorists Hits Them In Houston?

Being the victim of a pedestrian accident can be challenging to overcome. In these accidents, there is so much more than just physical wounds to heal. The mental wounds can be just as bad and make life challenging for you. Recovery is possible, though, and a Houston, Texas, pedestrian accident attorney can help you on your journey.

While it might seem like an open and shut case to you, pedestrian accidents are not always that way. The motorist’s insurance company will look for any way they can to make you, the pedestrian, look at-fault for the accident. And, the motorist’s team can win that argument.

A variety of circumstances can contribute to the pedestrian being deemed the at-fault party in an accident. To help you prepare for legal proceedings and understand the critical role your attorney plays, let’s evaluate the laws around pedestrian accidents.

Houston, Texas, Pedestrian Accident Laws

Many municipalities are working hard to make their areas more friendly toward walkers and bikers. And while there is an emphasis on being pedestrian-friendly, there are still rules for how pedestrians must use roadways and walkways.

According to a report from the Texas Department of Transportation, there were 615 fatal pedestrian accidents in 2017. The reason behind these high numbers of pedestrian accidents and fatalities is likely since people are more distracted than ever before. This is not only true for motorists but pedestrians as well.

Because the level of alertness that drivers exhibit today is lower than it was many years ago, it’s even more important for pedestrians to obey the following rules.

• When a crosswalk is present, you must always use it. Failure to use a crosswalk is considered Jaywalking and is an offense that law enforcement can cite you for.
• Within the crosswalk, remain on the right as best as you can for two-way crosswalk traffic.
• Cross the street when traffic signals indicate that you have the right of way.
• Obey all other marked laws for pedestrians and use caution.

Filing A Lawsuit Against The Municipality

In some circumstances, the motorist that hit you might have been as much of a victim as you are. That’s because faulty traffic signals, roads with poor visibility, or other oversights on behalf of the municipality could lead to your crash.

A Houston, Texas, pedestrian accident attorney can review your case and the evidence. Your attorney can help you evaluate whether or not you have a case against the municipality. 

The Law Office of Roy Boujaoude is a law firm with extensive personal injury experience. Roy knows how to build a case, whether it be against the motorist or the municipality. With attention to detail, we’ll ensure you get restitution following a pedestrian accident. Contact us for a free consultation.