If a Pedestrian Is Killed, Is the Driver Always At Fault?

 Posted on December 31, 2024 in Car Accidents

News stories regularly report pedestrian accidents, injuries, and deaths throughout Texas. According to the Texas Department of Transportation, there was a 22 percent increase in Texas pedestrian fatalities from 2019 to 2023. Traditional wisdom may assume that drivers are always responsible for wrecks involving pedestrians. While that is often true, pedestrians can also share the blame.

How is fault determined in car wrecks involving pedestrians? What if the insurance company denies my wrongful death claim? Partnering with an experienced New Braunfels, TX personal injury lawyer can ensure you collect the full compensation you deserve.

Why Do Pedestrian Accidents Happen?

Everyone sharing the roads in Texas, including motorcyclists, car drivers, truck drivers, and pedestrians, has certain obligations. All drivers, regardless of the type of vehicle they operate, have a duty to drive carefully. In many situations, drivers are supposed to yield to pedestrians. However, pedestrians also have responsibilities.

If a crosswalk is available nearby, pedestrians should use it rather than crossing a street elsewhere. They should also use sidewalks whenever possible, wear reflective clothing when walking at night, and pay attention to their surroundings. Young children and others with various limitations, such as cognitive disabilities, may not be bound by these requirements.

Many pedestrian accidents occur because a driver or a pedestrian does not yield the right of way, is distracted, or is otherwise careless or negligent. Many pedestrians are struck by drivers violating the Texas Move Over or Slow Down law.

As with other kinds of traffic accidents, multiple parties can share responsibility. An investigation into the collision is usually required to determine fault. Your attorney will preserve the evidence we uncover in our investigation to support your wrongful death claim.

Why Are Pedestrian Accidents Often Fatal?

In December 2024 alone, there have been multiple pedestrian fatalities in Texas:

• Dec. 15: Two pedestrians died in Arlington in a hit-and-run accident. A driver was later charged with two counts of Collision Involving Death.

• Dec. 22: A driver was charged with intoxication manslaughter in Corpus Christi after a pedestrian died from major injuries sustained in a collision. The pedestrian was reportedly not using a crosswalk.

• Dec. 28: A fatal crash occurred involving a pedestrian on I-10 in El Paso.

While car and truck occupants have multiple protections against the impact of a collision, pedestrians do not. Even a low-speed initial impact can cause pedestrian deaths. In fact, even though only one percent of Texas motor vehicle wrecks involve pedestrians, 19 percent of traffic fatalities are pedestrians.

Will the Insurance Company Pay My Wrongful Death Claim Fairly?

Losing a loved one in a pedestrian accident is tragic. You may think the at-fault party’s insurance company will pay your claim without any hassle, but insurers usually try everything possible to retain their profits. They may accuse the pedestrian of undeserved fault, refuse to address all your eligible damages, or deny your claim altogether.

When you entrust The Bettersworth Law Firm with your wrongful death action, we will not allow insurers to take advantage of you. Instead, we will work tirelessly to achieve the best possible results for your case.

Call an Aggressive New Braunfels, TX Pedestrian Accident Attorney

If your loved one died in a pedestrian accident, you deserve full compensation. Discuss your case with a compassionate Comal County, TX wrongful death lawyer during a free case review by contacting us online or calling 830-606-0404 today.