Q: I was hit by a car when I was crossing the street. Is the accident my fault or the driver's?
Some pedestrians feel that if they are hit by a car, it is automatically the driver's fault. This is simply not true. Determining whether the accident was your fault or whether it was the driver's fault is not something that's going to be the same for every single case. You really need to speak directly with a Houston car accident attorney before making any big decisions and they will be able to review your case to let you know where the fault lies.
There are many situations in which a pedestrian has the right-of-way in Texas, which means that if you were following the law in this regard, you should not be found at-fault. You were probably doing the right thing if:
- You were facing a "Walk" signal and crossed the street in the direction of the signal.
- You were crossing the street in a marked crosswalk. This does not, however, mean you can suddenly leave the curb and jump into a crosswalk so quickly that a driver is not able to stop for you.
If you had to cross the street in a spot that did not have a signal or crosswalk, it still may not be your fault if the driver was not exercising due care. They need to do everything possible to avoiding hitting a pedestrian on a roadway, give warning by sounding the horn when necessary, and exercise proper precaution on observing a child or an obviously confused or incapacitated person on a roadway.
The only way to know for sure is to speak with Attorney Steve Lee about your case and your injuries. Call today for a free consultation at 800-232-3711.