Am I Criminally Liable for a Pedestrian Accident in Texas?

 Posted on September 05,2024 in Criminal Defense

Pedestrians get hit by cars in crosswalks more often than many people realize. According to the Texas Department of Transportation, pedestrian accidents resulted in 830 deaths and 1,526 injuries in 2022. If you are the driver, you can be charged with anything from a traffic violation to a serious criminal charge. Having an experienced Austin, TX criminal defense lawyer help you navigate the charges can make a big difference. Read on to learn about some Texas laws that are considered when determining liability for a pedestrian accident.

Right-of-Way Laws

There are guidelines that help determine who has the right-of-way in Texas crosswalks. If there are traffic lights, they need to be followed. Otherwise, pedestrians have the right of way at crosswalks. If a pedestrian ignores traffic lights and is hit in a crosswalk when they are not supposed to be there, the driver might not be found liable.

Negligence Laws

Liability for a pedestrian accident will depend on whether the driver or pedestrian showed negligence at the time of the incident. As a driver, you may not be considered responsible if the pedestrian crossed into the street unsafely and in violation of street signs.

Distracted Driving Laws

In Texas, it is illegal to drive while using your phone, and if you hit a pedestrian while driving with your phone in your hand, you might be liable for damages to the pedestrian and could even face criminal charges. Similarly, if a distracted pedestrian fails to use the crosswalks or sidewalks that are available or does not follow traffic signals and crosses into a street unsafely, that could have a serious impact on your case and the pedestrian might be found liable.

Criminal Charges for Texas Pedestrian Accidents

In addition to civil liability, causing a pedestrian accident means the possibility of facing some serious criminal charges. Depending on the circumstances of the case, you might be charged with:

• Class A misdemeanor: Your jail sentence can be anywhere up to one year and you could face a maximum fine of $4000.

• State-felony conviction: You could be sentenced to anywhere from 180 days to two years in jail and pay up to $10,000 in fines.

Schedule a Free Consultation with an Austin, TX Criminal Defense Lawyer

If you hit a pedestrian while driving, contact a Midland, TX criminal defense attorney immediately. While drivers can often be found liable in such cases, the circumstances of your case might change that. Distracted pedestrians can also be responsible for these accidents. With the potential penalties you could face being so serious, you owe it to yourself to contact Morales Law Office, Attorneys at Law, PLLC. and begin working on a strong defense. Call us at 512-474-2222 to schedule a free consultation.