Can I Be Convicted for Hitting a Pedestrian in a Crosswalk?

 Posted on August 15,2024 in Criminal Law

In Texas, hitting a pedestrian in a crosswalk can have serious legal consequences. Statistics from 2022 show that pedestrian accidents accounted for 830 deaths and 1,526 injuries. These cases can escalate from mere traffic violations to serious criminal charges. This blog will explore the legal implications of crosswalk accidents. If you were involved in one as a driver, speak with a skilled Tarrant County, TX criminal defense attorney to understand more.

Texas Transportation Laws Addressing Pedestrian Accidents

Several factors need to be considered when determining liability when a pedestrian is involved in an accident in Texas. The Texas Penal Code has several laws that apply, including:

• Right-of-way laws: Texas has guidelines for who has priority at crosswalks. Pedestrians have the right of way at crosswalks unless traffic lights say otherwise. If you hit a pedestrian at a crosswalk when you had a green light, this could help your case.
• Negligence laws: In Texas, both the pedestrian’s and driver’s negligence can affect who is found responsible for the accident. If a driver hits a pedestrian who unsafely crossed a street without watching where they were going, the pedestrian is likely at fault for the accident and might not receive compensation for their injuries.
• Distracted driving laws: It is illegal in Texas to use handheld devices while driving. If a driver hit a pedestrian while he was distracted by his phone, he will likely be found liable for the accident. However, there are several laws that pedestrians need to follow. If a distracted pedestrian crosses without paying attention to traffic signals or walks on the street instead of using available sidewalks or crosswalks, he will also have responsibility for the accident and that could impact the driver’s liability.

If you are found liable for a pedestrian accident, the charges you face will depend on the circumstances of the accident. You might be charged with a Class A misdemeanor, in which case you could be sentenced to up to a year in jail and need to pay fines of up to $4000. You might be charged with a state-felony conviction, facing a jail sentence of 180 days to two years and fines of up to $10,000.

Contact a Dallas, TX Criminal Defense Attorney

If you were involved in a pedestrian accident as a driver, you might falsely worry that the pedestrian always has the right of way and you are sure to face serious charges. An experienced Tarrant County, TX criminal defense lawyer can review your case and uncover any factors that could impact your liability. At Law Office of Michelle Poblenz, we are passionate about providing our clients with individualized care to protect their rights. Call us at 469-845-3031 so we can get started.