Pedestrian Accidents: Establishing Liability Against Drivers and Municipalities

You may be crossing at an intersection, walking through a crosswalk, or simply trying to get across the street when a driver fails to stop. After a pedestrian crash, determining responsibility can extend beyond the person behind the wheel. A driver may be liable for unsafe driving, while in some cases a dangerous road, crossing, traffic signal, or other public property condition may raise questions about a city's responsibility. 

At Rodman Law Office, we represent people injured in pedestrian crashes in Austin and throughout Travis, Williamson, and Hays counties. Determining who was responsible may require looking beyond the police report to traffic signals, witness accounts, photographs or video, vehicle damage, and the crash site. Identifying all potentially responsible parties matters because a claim against a government entity works differently from a claim against a driver. Our legal team has the knowledge and experience to analyze your case and fight for the compensation you deserve. Reach out today to learn more.

When Is a Driver Responsible for Hitting a Pedestrian?

A driver may be responsible when unsafe driving causes a pedestrian's injuries. That could include failing to yield, speeding, driving while distracted or impaired, or making an unsafe turn when someone is crossing the road. 

Under Texas pedestrian right-of-way rules, a driver must stop and yield to a pedestrian in a crosswalk when there is no operating traffic signal and the pedestrian is on the driver's half of the road or approaching so closely from the other half that the pedestrian is in danger. Drivers must also follow pedestrian traffic signals and other applicable right-of-way rules. 

Pedestrians have responsibilities, too. For example, you cannot suddenly step from a curb into the path of a vehicle that is too close for the driver to stop. Between adjacent intersections with operating traffic signals, pedestrians generally must use a marked crosswalk. 

That means fault cannot always be determined simply by asking whether you were in the roadway. Where you were crossing, what the signals showed, whether the driver could see you, and what both of you were doing can all matter. 

You Do Not Always Need a Painted Crosswalk to Have the Right-of-Way

The absence of painted lines does not necessarily mean you were crossing illegally. Texas recognizes unmarked crosswalks at intersections, and pedestrians can also cross at some locations outside a crosswalk if they yield to vehicles. 

This distinction is particularly relevant in Austin. The city's Vision Zero program specifically cautions against assuming that a pedestrian was crossing illegally simply because there was no marked crosswalk. Legal crossings can exist without painted lines. 

If you were outside a marked crosswalk when a driver hit you, that fact may be relevant to fault. It does not, by itself, decide whether you were responsible or whether the driver was operating safely. 

What If You Were Partly at Fault?

Being partly responsible for a pedestrian accident does not necessarily prevent you from recovering compensation. 

Under Texas proportionate-responsibility law, you generally can recover if you are 50% or less responsible, although your compensation is reduced by your percentage of fault. If you are more than 50% responsible, you generally cannot recover damages. 

For example, suppose a driver was speeding, but you crossed at an intersection where you were required to yield. Both actions could be considered when responsibility is divided. Through pedestrian accident representation, we can examine the entire sequence of events rather than allowing a single fact, such as where you crossed, to define the entire claim. 

When Could a City Be Responsible for a Pedestrian Injury?

A possible claim against a city can arise when the condition or use of public property contributes to an injury, but the fact that a crash happened on a public street does not automatically make the city responsible. 

Texas government entities generally have immunity from lawsuits unless a claim falls within circumstances in which state law allows liability. The Texas Tort Claims Act permits certain claims arising from a government employee's use of a motor vehicle and from certain conditions or uses of public property. 

For a pedestrian crash, that means the details matter. If you believe a road, crossing, traffic signal, or other public property contributed to what happened, questions may include what the condition was, who controlled the property, and whether the circumstances fall within a claim Texas law permits against a government entity. 

A Claim Against a City Can Have an Earlier Notice Requirement

If a city or another government entity may be responsible for your injuries, identifying that possibility early matters because a separate notice deadline may apply. 

Under the Texas Tort Claims Act's notice provision, a government entity generally must receive notice of a claim within six months of the incident. The notice must reasonably describe the injury or damage, when and where the incident occurred, and what happened. 

The six-month rule is not the whole story. Cities may have valid charter or ordinance notice requirements of their own, and formal notice requirements may not apply when the government already has the type of actual notice recognized by Texas law. 

In practical terms, you should not assume that the usual timeline for a personal injury claim is the only one that matters when a city may be involved. A separate notice requirement could arise much sooner. 

Talk to Rodman Law Office About Your Austin Pedestrian Accident

At Rodman Law Office, we bring more than 30 years of litigation experience to personal injury cases. Our founding attorney, Jim Rodman, is board-certified in personal injury trial law by the Texas Board of Legal Specialization. When fault is disputed, we can examine the circumstances of the crash, the available evidence, and the actions of the parties involved. 

After a pedestrian crash, we can investigate what the driver was doing, examine evidence at the crossing or roadway, address arguments that you shared responsibility, and determine whether another party may also be involved. If the facts point toward a possible government claim, we can evaluate that issue before applicable notice requirements are overlooked. 

As a boutique firm, we provide personalized, one-on-one attention to clients in Travis, Williamson, and Hays counties. If you need Austin pedestrian accident representation, we can help you determine who may be responsible and what options you have for pursuing compensation. Contact us to discuss what happened and your next steps.