Protecting accident victims for over 30 years
Experienced personal injury lawyers who are always on your side. We are dedicated to protecting your rights and livelihood.
START MY FREE CONSULTATION
September 2, 2025 | Pedestrian Accidents
A pedestrian accident can lead to devastating outcomes for victims, and seeking fair compensation for your losses is critical. To do so, you must demonstrate who is at fault. To determine fault in a pedestrian accident in Texas, you have to consider the evidence available from all sources. Consider the following factors that determine fault in a Texas pedestrian accident. Talk to an Austin pedestrian accident attorney about your injuries today.
Pedestrian accidents are often complex because they can be challenging to verify. Most often, there are no videos that document what occurred, and instead, witness statements may be necessary. This could include statements from you, other parties who saw what occurred, and even the driver who struck you. Any detail from this information could play a role in determining fault.
Police reports are valuable evidence that most insurance companies will use to make decisions on awarding claims. Police officers typically do a good job of capturing details and documenting everything that occurred without any bias. They document when Texas pedestrian law violations happen.
However, police reports are a component of the process, and not always the whole picture. Often, there are other factors that you do not learn about until after the accident is cleared away. For this reason, your Austin pedestrian accident attorney will use a police report as a starting point to gather additional information.
Accident reconstruction services can take the information available from the accident scene and rebuild what occurred. Using software, they can determine what must have happened, based on the laws of science, to determine what happened. For example, evidence such as:
This information can help to demonstrate what happened based on what the police found at the accident scene. Keep in mind that there are often many factors that contribute to this, including the accuracy of documenting losses.
In some situations, questions may still remain about what occurred and who is responsible. Experts can be called in to offer insight based on their experience. These experts do not take sides but rather explain what they see and what must have occurred to allow the outcome to occur.
With this information available, the next step in determining fault is to show how the driver was negligent. To be careless, a person must have owed the other party a duty of care and violated that. For example, a driver has a legal obligation to stop at crosswalks when someone is present. However, that liability can change somewhat in situations where the driver has no control, such as when a person unexpectedly runs out into traffic. To be negligent, you must demonstrate that the driver should have stopped and could have done so.
To be negligent, the accident must be due to the breach of duty of care, and that accident must have directly caused the injuries you suffer.
Victims facing serious injuries and losses will find that determining fault in a pedestrian accident in Texas is easier with the help of a personal injury attorney. Let your dedicated pedestrian accident lawyer in Austin help you document who caused your injuries and losses, and seek fair compensation. You have the right to recover in these challenging situations.