What Happens If You Hit a Pedestrian Who Is Not in a Crosswalk?

Accidents involving pedestrians can be overwhelming, mainly when they occur outside of a designated crosswalk. At TK Injury Lawyers, we understand how confusing these situations can be. What happens if you hit a pedestrian not in a crosswalk? Even if the pedestrian wasn’t using a designated crossing, drivers may still be held partially or fully responsible.

While pedestrians are expected to exercise reasonable caution, drivers also must remain vigilant, especially in pedestrian-heavy areas like Austin, TX. Laws regarding liability in these accidents can vary, so understanding your legal obligations is essential. In this blog, we’ll walk you through what happens in these cases and what you need to know to protect yourself legally.

Understanding Liability When You Hit a Pedestrian Not in a Crosswalk in Austin

In Texas, liability in pedestrian incidents can be challenging to determine, specifically when the pedestrian is not in a crosswalk. Texas law requires walkers to yield the right of way to vehicles if they cross outside a marked or unmarked crosswalk at intersections. However, that does not automatically absolve drivers of responsibility.

Factors that can influence liability include:

• Speeding or reckless driving by the driver.
• Whether the driver was distracted or impaired.
• Visibility conditions at the time of the accident.
• Traffic signals or signage at the location of the event.

Texas follows a comparative negligence rule, which means that both the driver and the pedestrian could share responsibility for the accident. For more on Texas traffic laws, visit Texas Statutes Title 7.

What Happens Legally If You Hit a Pedestrian Not in a Crosswalk?

If you hit a pedestrian not in a crosswalk, the legal situation will be evaluated on a case-by-case basis. The driver and pedestrian can be held accountable, depending on their behavior before the accident. You may be required to pay for the pedestrian’s medical expenses if found partially or fully at fault. On the other hand, if the pedestrian was acting negligently, their compensation could be reduced based on their degree of fault under Texas’ comparative fault rules.

The legal process may involve:

• Police report documenting the accident.
• Insurance claims from both parties.
• Potential civil lawsuits for damages.

It’s fundamental to consult legal professionals to fully understand your rights and obligations. For pedestrian safety tips, see this TxDOT resource.

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When Can a Pedestrian Be At Fault for an Accident in Austin?

While drivers have a duty of care, there are instances where pedestrians can be found at fault for an accident, even if they are injured. Pedestrians can be deemed negligent if they:

• Cross the road unexpectedly outside a crosswalk.
• Fail to follow traffic signals at an intersection.
• Walk in prohibited areas, such as highways or bridges, without walkers access.

The pedestrian’s compensation can be significantly reduced or even eliminated in these cases. Austin’s growing urban landscape has seen increased pedestrian accidents, often tied to crosswalk violations. To better understand hiker safety, review this pedestrian safety poster.

Common Injuries in Pedestrian Accidents Involving Crosswalk Violations

Pedestrian tragedies can result in severe and life-altering injuries. When a walker is hit outside a crosswalk, they are often more vulnerable due to the lack of designated protection. Common injuries in such incidents include:

• Fractures and broken bones.
• Head trauma and concussions.
• Spinal cord injuries may result in paralysis.
• Internal injuries require immediate medical attention.

In most cases, pedestrians suffer significant physical harm, which can lead to prolonged recovery times, medical bills, and emotional distress. Understanding these damages and the potential legal consequences can help you better manage the aftermath of an accident.

Contact Us for a Free Consultation on Your Pedestrian Accident Case in Austin

Contact TK Injury Lawyers today to discuss your case and understand your legal options. Whether you’re facing liability concerns or seeking compensation, our dedicated team is here to assist you every step of the way. Visit our Austin pedestrian accident lawyer page for more information.

Call us at (512) 910-2000 or schedule a free consultation here.