Pedestrian vs. Auto

Injuries From Pedestrian vs. Auto Incidents Tend To Be Particularly Severe

Given the sheer mass of vehicles and a pedestrian’s vulnerability, pedestrian – auto injuries can be particularly severe, oftentimes causing lifelong injuries and, potentially, death.  Given the extent of these injuries and the potential high dollar damages that accompanies them, insurance companies tend to aggressively fight claims.

What if the pedestrian is also being blamed?

A pedestrian may still be entitled to recovery even if he or she is partially at fault. In California, under the doctrine of Pure Comparative Fault, a pedestrian may still receive compensation even if they played a role in causing their injuries. Under this law, a plaintiff’s recovery is reduced by their percentage of fault for the collision. For example, comparative fault principles will apply to a case where a driver sped through an intersection and collided with a jaywalking pedestrian. At trial, a jury would be asked to apportion fault to both the pedestrian and the speeding motorist. The pedestrian’s recovery would then be reduced by the proportion of the pedestrian’s responsibility. While the pedestrian in those instances may still be at fault, they may still be entitled to significant compensation.

On the other hand, Texas Courts apply the doctrine of Modified Comparative Negligence. Under this rule, a claimant’s recovery will be reduced by a percentage equal to their liability as long as he or she is not more than 50% responsible for the injuries at issue.