Who’s at Fault When Pedestrians Are Hit Outside a Crosswalk?
Pedestrian accidents can be devastating, especially when they occur outside marked crosswalks. Even a minor collision can leave someone with serious injuries, long-term medical concerns, and emotional trauma. These moments are confusing and overwhelming, and victims may feel lost in a sea of legal and medical issues.
Pedestrians have legal rights, even when they’re hit outside of a crosswalk. At The Law Office of Steve Brannan, we help individuals and families facing these challenging situations in Odessa and throughout West Texas — including Midland, Big Spring, Pecos, and Andrews.
We’ve seen firsthand how difficult it can be for victims to manage recovery while also dealing with insurance companies. Our goal is to shed light on what generally happens in these cases and how victims can pursue personal injury claims when appropriate. If you've been involved in a pedestrian accident, reach out to discuss your legal options with an experienced personal injury attorney.
Pedestrian and Driver Responsibility
In Texas, both pedestrians and drivers share responsibility for preventing accidents. Pedestrians must act reasonably when crossing streets or walking near traffic, while drivers are expected to stay alert, adjust their speed as needed, and avoid collisions whenever possible.
Pedestrians may bear some responsibility if they:
Ignore traffic signals: Crossing against a signal can reduce potential compensation.
Suddenly enter traffic lanes: Stepping into moving traffic without warning may increase liability.
Walking distracted: Using phones, headphones, or other distractions can be considered negligent behavior.
Drivers can also be held responsible if they:
Speed: Excessive speed reduces reaction time and increases the likelihood of injury.
Drive distracted: Texting, eating, or other distractions may lead to liability.
Operate under the influence: Alcohol or drug impairment significantly impacts fault determinations.
Fail to yield: Drivers must generally yield to pedestrians when visibility allows, even outside crosswalks.
Even when a pedestrian shares some responsibility, Texas law follows a comparative negligence approach. Compensation can be reduced according to the percentage of fault assigned to each party.
Common Injuries and Steps After an Accident
Pedestrian accidents, especially outside crosswalks, can result in serious injuries. Common injuries include:
Broken bones: Arms, legs, and ribs are often fractured.
Head trauma: Concussions or more severe brain injuries can occur even at low speeds.
Internal injuries: Damage to organs or internal bleeding may be life-threatening.
Soft tissue injuries: Sprains, strains, and lacerations may require long-term care.
Emotional trauma: Anxiety, depression, or post-traumatic stress can develop after the incident.
Taking the right steps immediately after an accident is crucial for protecting a personal injury claim:
Seek medical attention: Prompt care documents the extent of injuries.
Report the accident to authorities: Police reports provide official evidence.
Document the scene: Photos, videos, and notes about traffic conditions support a claim.
Collect witness information: Names and contact information for witnesses provide corroborating evidence.
Avoid discussing fault publicly: Social media posts or casual conversations can impact a case.
Following these steps helps victims build a strong case while focusing on recovery, increasing the likelihood of higher compensation, protecting their rights, and minimizing stress during the legal process.
Factors That Influence Liability
Determining fault in pedestrian accidents outside crosswalks involves examining multiple factors.
Liability often depends on the specifics of the incident, including:
Location and visibility: Poor lighting or unclear signage can affect responsibility.
Actions of both parties: Courts consider how both the pedestrian and driver behaved immediately before the accident.
Speed and traffic conditions: Weather, road design, and traffic patterns can influence outcomes.
Evidence quality: Photos, videos, eyewitness testimony, and police reports play a crucial role.
Texas follows a modified comparative fault system. Even if a pedestrian shares some responsibility, they can still recover damages as long as their fault does not exceed 50 percent, which allows victims to pursue compensation for medical expenses, lost wages, pain, and suffering, even when partially at fault.
Insurance and Claim Considerations
Insurance companies play a major role in pedestrian accident claims. Victims need to understand how insurance may impact their personal injury case.
Important points include:
Personal injury protection (PIP): Some policies cover medical expenses regardless of fault.
Liability coverage: Determines what the at-fault driver’s insurance will pay.
Settlement negotiations: Insurance adjusters may try to settle quickly, sometimes at below fair value.
Documentation importance: Keeping detailed medical records, bills, and evidence supports a stronger claim.
Handling insurance communication effectively is essential for victims seeking compensation, as it helps prevent undervalued settlements, protects their legal rights, and makes sure all medical expenses and losses are accurately documented.
Moving Forward After an Accident
Pedestrian accidents outside crosswalks can leave victims with physical injuries, emotional stress, and financial burdens. We help victims take the next steps toward recovering damages and addressing the aftermath of a personal injury:
Evaluate liability: Understand who may be at fault and how compensation could be calculated.
Support with documentation: Collect and organize medical records, witness statements, and accident reports.
Negotiate settlements: Advocate for compensation with insurance companies.
Pursue legal action if needed: Represent clients in court if the desired compensation isn’t reached through negotiation.
Pedestrian accidents outside crosswalks can leave victims with physical injuries, emotional stress, and financial burdens. Law offices help victims take action by evaluating liability, organizing important documentation, negotiating with insurance companies, and pursuing legal action when necessary.
Contact a Lawyer Today
For residents of Odessa, Texas, and the surrounding areas, including Midland, Big Spring, Pecos, and Andrews, the Law Office of Steve Brannan offers guidance and support in the aftermath of a pedestrian accident. If you or a loved one has been injured by a vehicle outside a crosswalk, take action to protect your rights. Reach out to our firm today.