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When a Car Hits a Pedestrian in Houston: Who's at Fault and What Happens Next

car accident lawyer in houston

You’re driving along one day when suddenly you hit someone with your car. If you weren’t paying attention, this might sound like the beginning of a horror story, but it’s actually the plot of an all-too-common real-life scenario in Houston and all over Texas. For those who are unfamiliar with the world of personal injury law, let’s break down what happens if you hit a pedestrian with your car in Houston, Texas.

When you live in Houston, one of the most congested cities in Texas, it’s inevitable that you’ll have some traffic accidents at some point or another. You might get rear-ended, or sideswiped, or even broadsided if you’re not careful – but what happens when someone gets hit by a car in Houston? Is it always the other driver’s fault? Can that person be liable for damages? Know more about pedestrian accidents from our Pedestrian Accident Lawyer in Houston. We have been dealing & helping victims to get better compensation as compared to insurance companies. Talk to us!

Despite the best efforts of both truck drivers and other motorists, accidents are often unavoidable in Houston’s busy streets. In fact, 18 wheeler accidents and car wrecks are common, especially in some parts of the city like Beltway 8. This can be disconcerting, but fortunately there are many ways to prepare yourself and your family if you or a loved one finds yourself in the middle of an 18 wheeler accident or car wreck in Houston, you can call us anytime for legal solution!

Overview of Texas laws regarding pedestrian accidents

In Texas, drivers must follow a few laws when they’re on public roads. These include keeping your car under reasonable control while you’re driving and maintaining a reasonable amount of space between your vehicle and others. If you fail to do either of these things—and you strike someone—you may be held liable for any injuries that occur as a result. It’s important to note that in some cases, pedestrians might also be held liable if their actions contributed to an accident.

Some basic legal advice

  • If you hit a pedestrian with your car, even if it was an accident, you could be held legally responsible for his or her injuries. That’s why, if you’re involved in such an incident, it’s always important to contact a personal injury attorney. We have been helping victims of accidents like these get financial compensation for their injuries by building a case against those responsible for their injuries—which is usually done through legal means.
  • In some cases, however, these lawsuits can lead to criminal charges being filed against drivers who are found guilty of negligence. When that happens, hiring a pedestrian injury attorney may become necessary as well. It all depends on how severe your victim’s injuries are and what sort of evidence there is that proves you were negligent while driving (or otherwise).
  • Furthermore, you should never talk to an insurance company without talking to a lawyer

How does the law view pedestrians?

In Texas, pedestrians have very few protections. A driver doesn’t have to stop for a pedestrian (or bicyclist) unless he or she is entering traffic from either a curb cut or crosswalk. At that point, drivers must yield to pedestrians but only after they’ve come to a complete stop and given an audible signal. If a pedestrian enters traffic outside of these designated areas, then it’s up to him or her to avoid being hit by a car. This means pedestrians should walk on sidewalks whenever possible; if there isn’t one available, then it’s best to walk facing oncoming traffic so you can see what cars are doing and make eye contact with them as they approach you.

Which party is more likely to be found negligent in a collision between a car and a pedestrian?

The driver or pedestrian? This is one of those questions that can depend on which state you’re in. For example, in Texas, if you’re found to be more than 50 percent responsible for your accident, then you won’t be entitled to compensation. That’s because under Texas Law, contributory negligence doesn’t exist; it’s only comparative negligence.

If a pedestrian is struck by a car in Houston, who’s liable for damages? In some cases, both parties could share fault. If both parties share fault—for instance, if they were both negligent—then neither party will be able to recover compensation from the other party. But what happens when there’s only one party at fault? An experienced personal injury lawyer first analyzes the case, find evidence, talks to the witnesses, and looks for some videos evidence to clear out who is at-fault.

The Duty of Drivers toward Pedestrians

In Texas, pedestrians have legal rights that must be respected by vehicle drivers. These rights include but are not limited to:

  • Walking on sidewalks where they exist;
  • Walking in crosswalks when there is no sidewalk available;
  • Crossing streets at designated intersections where appropriate; and
  • Notifying drivers that they intend to cross.

Common Legal Issues for Drivers Facing Accusations Related to Pedestrian Collisions

Most drivers involved in pedestrian collisions are accused of being at fault. While it’s easy to dismiss these accusations with statements like accidents happen, Texas law makes it easier for pedestrians to place blame on drivers for accidents than you might think. If you were involved in an accident with a pedestrian and have been charged, speak with a pedestrian injury attorney Houston as soon as possible. One important legal issue that comes up often is that drivers aren’t allowed to be distracted while they drive.

Potential Defenses to Negligence or Carelessness Accusations

It’s important to note that every case is different, and just because one defense may be successful in one case doesn’t mean it will be successful in another. As a pedestrian hit by a car, you might benefit from discussing your specific situation with Personal injury attorneys who specializes in personal injury cases like these.