In many cases, when it comes to pedestrian accidents in Dallas, the motorist is often at fault. There is a widely accepted belief that pedestrians always have the right of way, and while this is often true, there are cases where the pedestrian may be at fault or may share in the fault for the accident.
The laws are designed to look at negligence when determining fault in a traffic accident, and it is the duty of both pedestrians and motorists to exercise reasonable care when using public roadways.
One of the duties of a pedestrian or motorist is to obey traffic rules and signals. When a pedestrian is hit by a car but not in a crosswalk, several factors may affect the outcome of a personal injury claim.
Who is at fault if a pedestrian was hit by a car but not in a crosswalk?
In a vehicle vs. pedestrian accident, the following circumstances may be considered.
- Was there a marked crosswalk nearby? While most drivers expect crosswalks to be marked by white lines on the road, there are also legal crosswalks that may not be marked.
- If a pedestrian is crossing at an intersection between streets or even at a place where an alley meets another street, there could be an established unmarked crosswalk area. A judge or insurance adjuster could find the driver liable for not exercising reasonable care in looking out for possible pedestrians in such cases.
- Was the pedestrian jaywalking? When a pedestrian chooses to cross a street at an illegal place rather than using a designated or legal crosswalk, the action can be considered jaywalking. In the case of jaywalking, the pedestrian can be considered to be at fault, fully or partially, for the accident.
- Did the pedestrian walk against a traffic signal? If the pedestrian is outside the crosswalk and walked when the traffic signal indicated “Don’t walk” the pedestrian could again be at fault for the accident.
- Was the pedestrian in a limited access area? There are areas where pedestrian traffic is outlawed, such as highways with limited shoulder areas or bridges. If the pedestrian was crossing any streets where pedestrians are not permitted, the pedestrian could be at fault for the accident.
What do I do if hit by a car but not in a crosswalk?
If you’ve been the victim of a pedestrian accident, you may be entitled to compensation for injuries you sustained. Contact an attorney who specializes in pedestrian accident cases and review your options. If there was a police officer on the scene of your accident, obtain a police report to help prove the other party was at fault and therefore liable for the accident.
Do not assume that you are at fault simply because you were hit by a car but not in a crosswalk. Other factors could come into play.
- if the driver was under the influence.
- if the driver was speeding.
- whether the driver failed to exercise caution.
- or, the driver failed to obey pedestrian traffic laws for drivers.
Provide your attorney with any photographs you have of the accident scene, any medical or other bills you’ve incurred and any witness statements you’ve gathered. Record any lost time at work you’ve had because of time in the hospital or recovery time. Keeping all information related to your accident will help your attorney build your case against the at-fault driver.
Julie Johnson is available to help you take action against a negligent motorist who caused a pedestrian accident in Dallas. Call us at 214-290-8001 or contact us online to set up a consultation about your case.