Who’s at fault if you hit a jaywalker in Texas? The answer may surprise you
While many of us jaywalk in a rush to get from curb to curb, when the tables have turned and we are in the driver’s seat, we can question why someone is walking in front of us when it isn’t their turn to do so.
There is an even more heated question when you don’t see the pedestrian coming or you have to come to an abrupt stop, creating a potentially dangerous situation for the pedestrian. With that, you may be wondering what happens if a driver hits a pedestrian who is jaywalking?
Pedestrian traffic fatalities increased 30% in Texas in the last five years and now account for one-in-five of all roadway deaths, according to the Texas Department of Transportation. In 2022, there were 5,764 crashes involving pedestrians in Texas, resulting in 829 deaths and 1,526 serious injuries. One of the top contributing factors is pedestrians failing to yield the right-of-way to vehicles.
In Texas, jaywalking can lead to a fine of up to $200. If a pedestrian is hit while they are jaywalking, they will likely be found at fault for the accident, according to personal injury law firm The Texas Bulldog. That means the driver will not be held liable for any damages, but as a precaution, check with your insurance company to see if your policy covers jaywalking accidents. Each party will be assigned a percentage of fault, and if one party is found more than 50% responsible, they cannot recover any compensation, per Ramsey Law Group. On the other hand, one party can receive compensation if they are less than 50% responsible for the accident.
“In most situations, a pedestrian who was jaywalking as described by Texas law will be found at least 51% liable, which bars them from making a recovery at all,” writes the Wood Law Firm in Amarillo. “At that point, the driver who is less liable could possibly sue the jaywalker for damages, assuming there are any to pursue.”
There are some exceptions, however, and it is up to the courts to decide who is at fault in a jaywalking accident. While there’s a decent chance the jaywalking pedestrian will be held responsible for causing injuries or property damage if an accident happens, the driver may still be at fault if they have time to slow down and move out of the way and fail to do so, per the Doan Law Firm.
If you were speeding or driving recklessly, you may be found at least partially at fault for the accident. If the pedestrian was crossing at an intersection with a crosswalk, you may be found at fault for failing to yield to them. You may also be held liable if are not in a fit state to drive or if you flee the scene after hitting the pedestrian.
If you are found to be at fault for the accident, you may be required to pay for the pedestrian’s medical expenses, property damage and other damages. You may also be sued by the pedestrian, and in some cases, you may be charged with a crime like vehicular homicide or assault.
“Although jaywalking is illegal, it is ultimately up to the driver to make sure they have done everything they can to stop the car, as they have the car that can do the most damage,” writes Trevino Injury Law.
This story was originally published October 16, 2023 at 2:47 PM.
