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Can You Recover Damages in a Pedestrian Accident if You Weren’t Using the Crosswalk?

Pedestrians have the right of way when crossing the street in a crosswalk with a pedestrian control signal displaying “Walk” or when facing a green signal that is not a turn arrow. However, under certain circumstances, pedestrians may be able to recover damages even if they were not using the crosswalk.

According to the Texas Transportation Code, drivers are required to use due care to avoid hitting a pedestrian. This includes honking the horn and being cautious around a child or an obviously confused or incapacitated person. So, if a pedestrian is crossing a street outside of a crosswalk and is struck by a car, the pedestrian won’t necessarily be at fault. They might be able to recover damages if it can be shown that the driver was negligent.

Not every intersection has designated crosswalks, and on some roads, there may not even be a traffic control signal to indicate the right of way. The following are some factors to consider when pedestrians are injured outside of crosswalks:

  • Where did the collision occur?
  • Was there a crosswalk in the area?
  • Were there traffic controls in operation at the time of the collision?
  • If there was no crosswalk, was the victim in an area where pedestrians regularly cross?
  • What was the speed of the vehicle?
  • Was the driver intoxicated?
  • Was the driver distracted?
  • What time did the collision occur?
  • If the collision occurred at night, was there lighting in the area where it occurred?
  • Should the driver have had their headlights on?
  • Was the pedestrian handicapped, deaf or blind?

It’s important to speak with an attorney if you’re injured as a pedestrian, regardless of whether you were using the crosswalk, since there are situations where you still may be able to recover damages for your injuries.

If you’ve been in a pedestrian accident in Texas, contact the Leland Reinhard Law Firm in Cleburne at {PHONE] or use the online contact form to schedule an appointment for a free consultation with a pedestrian accident attorney who will fight for your right to compensation.