Texas Pedestrian Accident Law
Here’s a general overview of the most important laws to understand if you’re dealing with a pedestrian accident injury in Texas. If you have any further questions regarding these laws or how they apply to your unique case, please contact our pedestrian accident attorneys today.
Right-of-Way Rules
In Texas, pedestrians usually have the right of way at all marked crosswalks and intersections with traffic signals. However, if you were crossing the street at a point that is not a crosswalk or against the signal, the law requires you to yield to vehicles. These laws will help determine who might be at fault in the accident (Texas Transportation Code Chapter 552 – Pedestrians).
Comparative Negligence
Texas law uses “proportionate responsibility” in pedestrian accidents (Texas Civil Practice and Remedies Code, Chapter 33). This means that if you were partly at fault for the accident, your compensation might be reduced by your percentage of fault.
For example, say you were crossing the road not using a crosswalk when you were hit by the vehicle. This means you are likely to share fault in the accident. For the sake of the example, let’s say it is determined that you are 25% responsible for the accident. This means your total compensation will be reduced by 25% ($100,000 total compensation, while being 25% at fault, means you would receive $75,000).
If you are found to be 51% or more at fault for the accident, you cannot recover any compensation.
Statute of Limitations
The statute of limitations is the time limit you have to file a lawsuit for your injuries.
In Texas, the statute of limitations for pedestrian accident cases is typically 2 years from the date of the accident (Texas Civil Practice and Remedies Code, Chapter 16). Some exceptions may extend this deadline.
Missing this deadline can prevent you from being able to pursue compensation, so it’s very important to be proactive and file your lawsuit on time. A pedestrian accident lawyer will be able to help ensure your lawsuit is filed correctly and on time.
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