Pedestrian accidents are devastating events, and determining who is liable can be a complicated process. If you have been involved in a pedestrian accident or have a loved one who has, it is crucial to understand the key factors that play a role in determining liability. This guide will walk you through the most common parties involved in pedestrian accidents in El Paso, the state’s rules on negligence, and how you can pursue legal action to recover damages for injuries.
Key Factors in Determining Liability for Pedestrian Accidents in El Paso 
In El Paso, liability for pedestrian accidents can rest with different parties depending on the specifics of the incident. Several variables can influence who holds responsibility, including the behavior of the driver, the actions of the pedestrian, and even the condition of the roads. Understanding who may be liable is essential for pursuing compensation and justice. Let’s break down the different factors at play.
1. The Driver’s Liability
The most common scenario involves the driver of a vehicle being at fault. Texas law requires drivers to yield to pedestrians in crosswalks and follow other traffic laws designed to keep pedestrians safe. If a driver fails to adhere to these laws, their actions can lead to a fatal accident or severe injury to a pedestrian. Common forms of driver negligence include:
- Distracted Driving: Drivers who use their phones, eat, or engage in other distractions while driving can cause accidents. Distracted driving is a leading cause of pedestrian fatalities in the U.S. If a driver’s distraction led to the accident, they can be held accountable.
- Speeding: Speed limits exist for a reason, and when drivers fail to obey them, they increase the likelihood of accidents. In pedestrian accident cases, the faster the vehicle, the more likely severe injuries will occur, even if the pedestrian was somewhat at fault.
- Running a Red Light or Stop Sign: Running a red light or disregarding stop signs can place a pedestrian in harm’s way. Pedestrians typically rely on signals to cross safely, and drivers who ignore traffic signs or signals can be found liable for accidents that occur as a result.
- Driving Under the Influence (DUI): A driver under the influence of alcohol or drugs is one of the most obvious cases of negligence. Intoxicated drivers exhibit slower reaction times and impaired judgment, which are a significant risk factor for pedestrian accidents.
In such cases, the driver’s insurance policy should cover the damages, but there may be challenges if the driver does not have adequate coverage or is uninsured.
Enrique Chavez
Texas Trial Attorney
Protecting Your Rights
2. The Pedestrian’s Responsibility
While drivers are often the responsible parties in pedestrian accidents, pedestrians must also follow traffic laws to stay safe. Texas law holds pedestrians accountable for their actions, and in some cases, pedestrians may bear some or all of the responsibility. Examples of pedestrian negligence include:
- Jaywalking: If a pedestrian crosses the street outside of a marked crosswalk or disregards traffic signals, they can be considered partially or fully responsible for the accident. In El Paso, crossing against a signal or in an unmarked area can significantly affect the outcome of a case.
- Distraction: Pedestrians who are texting or otherwise distracted while walking may not be fully aware of their surroundings. If this leads to an accident, the pedestrian may be found partially responsible for their injuries.
- Failure to Yield: Pedestrians should wait for traffic to clear before crossing the road. If they make an unsafe crossing decision, they may bear some responsibility for the incident.
While pedestrians must take steps to protect themselves, drivers still have a duty to act safely and yield the right of way when required.
– Steve Hendrix
– Adriana Solis
– Luis Amador
– Maria Terrazas
3. Property Owners or Government Entities
In certain cases, a property owner or a local government agency may be found responsible for a pedestrian accident. If the cause of the accident is tied to dangerous road conditions or poor infrastructure, the victim may be able to seek compensation from these entities.
- Poorly Maintained Sidewalks: Property owners, especially businesses, must maintain the sidewalks in front of their property. If a sidewalk is cracked, obstructed, or poorly lit, and a pedestrian falls or is hit by a car as a result, the property owner could be held liable.
- Negligent Road Design or Maintenance: Local government entities, such as the City of El Paso, are responsible for keeping public roads, crosswalks, and signage up to code. If an intersection is poorly designed or lacks proper signage, it may be the fault of the government entity overseeing that location.
In these cases, legal action may need to be taken against the government or the property owner to hold them accountable for the damages caused by their negligence.
Comparative Negligence in Texas and How It Affects Liability
Texas follows a comparative negligence rule, which can significantly impact how liability is determined in pedestrian accidents. This rule allows both the pedestrian and the driver to share blame for the accident, and damages are divided according to the percentage of fault assigned to each party.
For example, if a pedestrian is found to be 40% at fault for jaywalking, while the driver is found 60% responsible for not yielding at a crosswalk, the pedestrian will still be eligible to recover 60% of the damages. However, the damages are reduced by the pedestrian’s share of fault.
This comparative negligence system allows victims to recover damages even if they are partially at fault, but it also means that their actions could reduce the compensation they receive.
What to Do After a Pedestrian Accident
If you or someone you love is involved in a pedestrian accident in El Paso, it’s crucial to take the right steps to protect your rights. Here’s what you should do after the accident:
1. Seek Medical Help Immediately
The first step after any accident is to prioritize health and safety. Even if you feel fine after the accident, some injuries, such as internal bleeding or head trauma, may not immediately show symptoms. Seek medical treatment as soon as possible, and follow through with any recommended tests or treatments.
2. Call the Police
A police report is a critical piece of evidence that can help establish fault and clarify the circumstances surrounding the accident. If the police respond to the scene, they will document the incident and gather statements from the involved parties and any witnesses. This report can be invaluable in your case.
3. Document the Scene
If possible, take photos of the accident scene, including the vehicle, the surroundings, any visible injuries, and any traffic signals or road conditions that may have contributed to the accident. Additionally, gather the contact information of any witnesses who can provide statements to support your case.
4. Avoid Giving a Recorded Statement Without Legal Advice
Insurance companies may try to contact you shortly after the accident. Be cautious about providing a recorded statement or admitting any fault at this stage. Insurance companies may use your words against you to reduce the compensation you deserve. Instead, consult with a lawyer before speaking with any insurance representatives.
5. Consult an Experienced Personal Injury Lawyer
A personal injury lawyer specializing in pedestrian accidents can help you understand your legal options and advocate for your rights. An attorney can guide you through the process of filing a claim, negotiating with insurance companies, and pursuing a lawsuit if necessary. They will ensure that you receive the compensation you deserve for medical expenses, lost wages, pain and suffering, and other damages.
Pursuing Compensation for Pedestrian Accident Victims
Victims of pedestrian accidents in El Paso may be eligible for compensation for a range of damages, including:
- Medical Expenses: This includes all costs related to medical treatment, including hospital bills, surgeries, physical therapy, and any future medical needs.
- Lost Wages: If the accident caused you to miss work, you may be entitled to compensation for lost income, both past and future.
- Pain and Suffering: Compensation for the physical and emotional distress caused by the accident, including anxiety, depression, and permanent disability.
- Property Damage: If your personal property was damaged during the accident, such as clothing, a phone, or personal items, you may be able to recover those costs as well.
- Wrongful Death: If the pedestrian loses their life as a result of the accident, the surviving family members may be entitled to compensation through a wrongful death claim.
Liability in pedestrian accidents in El Paso is not always straightforward. Multiple parties can be held responsible, and understanding the specifics of the incident is essential for determining fault. Whether the driver, the pedestrian, or a third party is at fault, it is crucial to seek legal counsel to ensure that you receive the compensation you deserve.
If you’ve been involved in a pedestrian accident in El Paso, Chavez Law Firm is here to help. Contact us today to schedule a free consultation and discuss your case with an experienced attorney.