However, jaywalking does not entirely absolve the driver of liability. Thanks to Texas’ approach to comparative negligence, a jaywalking pedestrian could still be entitled to recover monetary compensation following an accident. If a motorist has struck you, a Texas car accident lawyer might be able to help.
Jaywalking laws in Texas
As noted, jaywalking is illegal per the Texas Transportation Code Section 552.005. Pedestrians are required to yield the right-of-way to vehicles when crossing the road– unless within a marked crosswalk.
Typically, evidence of a party violating the right-of-way can be used as evidence of negligence in a civil lawsuit. However, more than one factor can lead to a pedestrian accident. The law does not automatically prohibit a plaintiff from seeking compensation if they are partially at fault.
How state law approaches shared fault
It’s possible for an injured pedestrian to recover compensation even if they were jaywalking at the time– thanks to a legal doctrine known as modified comparative negligence. Under this, sharing in the fault of an accident will not bar a plaintiff from recovering compensation for their injuries.
Under modified comparative negligence, a pedestrian is only barred from recovering compensation for their injuries if they are more than 50 percent liable for causing the accident. If the driver’s actions primarily contributed to the accident, a jaywalking pedestrian could still be entitled to compensation.
At trial, a jury will assign a degree of fault to every party. In cases where the plaintiff’s degree of fault is 50 percent or less, the jury will enter an award in their favor. The jury is required to reduce the amount by the plaintiff’s percentage of fault, however. A pedestrian accident attorney can advise you on the potential of shared responsibility or fault– in your case.
Contact us following a Dallas pedestrian car accident
The question of whether or not you are entitled to compensation following a pedestrian accident is best left to a Dallas personal injury attorney. You could be entitled to monetary recovery even when you felt partially to blame. To learn more about your potential injury claim, schedule a free case consultation with Angel Reyes & Associates as soon as possible.