Jaywalking is common in busy cities like Fort Worth. Pedestrians often cross streets outside marked crosswalks, sometimes in a hurry or without looking. But what happens when a car hits someone who is jaywalking? Who is responsible?
Liability in a jaywalking accident isn’t always straightforward. While pedestrians are expected to follow traffic laws, drivers also have a duty to stay alert and avoid hitting people. If you or a loved one has been involved in a jaywalking accident, whether as a driver or a pedestrian, it’s important to understand how fault is determined and what legal options are available.
At Patterson Law Group, our Fort Worth pedestrian accident attorneys help victims understand their rights and fight for the compensation they deserve. If you have questions about liability in a jaywalking accident, we are here to help.
Is the Jaywalker Always at Fault?
Many people assume that pedestrians who jaywalk are automatically at fault for accidents. However, that is not always the case. Texas follows a comparative negligence rule, meaning more than one party can share responsibility for an accident.
Even if a pedestrian was jaywalking, a driver could still be partially responsible if they:
- Were speeding
- Failed to yield when required
- Were distracted (texting, eating, adjusting the radio)
- Were driving under the influence of drugs or alcohol
- Ignored traffic signals or stop signs
For example, if a driver speeds up and hits a jaywalker crossing the road illegally, both parties could be found partially at fault.
How Comparative Fault Affects Compensation
In Texas, accident cases follow a modified comparative fault rule, which means that fault is shared between everyone involved. If you’re found to be more than 50% responsible for an accident, you can’t collect compensation. However, if you’re 50% or less at fault, you can still recover damages, just at a reduced amount based on your percentage of fault.
For example, if a Jaywalker is hit by a car and is found to be 40% at fault for the accident, and their total damages are $100,000, they can still recover 60% of that amount, which would be $60,000. However, if they were found to be 51% or more at fault, they couldn’t collect anything.
This rule applies to both drivers and pedestrians. If a driver is mostly at fault for a crash, they may have to pay for the pedestrian’s injuries. On the other hand, if the pedestrian is found to be more responsible, they may not be able to get compensation at all. Every case is different, so determining fault requires a close look at the details of the accident.
When Is the Driver at Fault?
Even if a pedestrian is crossing unlawfully, drivers must still exercise caution. A driver may be liable for hitting a jaywalker if they drive carelessly or violate traffic laws. Some situations where the driver may be at fault include:
- Failing to yield at a crosswalk: Drivers must stop if a pedestrian crosses at a marked crosswalk, even outside a signal-controlled area.
- Speeding in areas with heavy pedestrian traffic: Driving too fast through a school zone, residential neighborhood, or downtown Fort Worth increases the risk of accidents.
- Driving while distracted: A driver distracted by looking at their phone or not paying attention may not see a pedestrian in time to stop.
- Running a red light or stop sign: Drivers who ignore a traffic signal and hit a pedestrian will likely be held responsible.
- Driving under the influence: Alcohol and drugs impair a driver’s reaction time and judgment, making them more likely to hit a pedestrian.
In these situations, a jaywalking pedestrian may not be held entirely responsible for the accident. A thorough investigation is needed to determine fault.
When Is the Pedestrian at Fault?
Sometimes, a jaywalking pedestrian may be primarily or fully responsible for an accident. Texas law requires pedestrians to yield to vehicles outside a designated crosswalk. A pedestrian may be found at fault if they:
- Step into traffic suddenly: If pedestrians enter the road without giving drivers enough time to react, they may be responsible for the accident.
- Cross against a traffic signal: If pedestrians ignore a “Do Not Walk” sign and get hit, they could be held liable.
- Walk while distracted: Just like drivers, pedestrians must pay attention. Walking while looking at a phone or wearing headphones can contribute to an accident.
- Are under the influence of drugs or alcohol: If a pedestrian is impaired and crosses the street recklessly, they may be found responsible.
While pedestrians have the right of way in some situations, they are not always protected from liability if their actions put them in danger. Reaching out to a Fort Worth personal injury attorney can help you determine who is at fault for the accident.
Contact Our Fort Worth Personal Injury Lawyers
Determining liability can be challenging if you were injured in a jaywalking accident. Whether you are a pedestrian or a driver, you need an experienced legal team.
At Patterson Law Group, our Fort Worth personal injury attorneys are here to help. We will investigate your case, determine fault, and fight for the compensation you deserve. Contact our personal injury lawyer in Fort Worth today for a free consultation. Let’s discuss your case and explore your legal options.
