‍Published by Brooker Law, PLLC — Dallas, Texas | Pedestrian Accident Lawyers

Last Updated: November 7, 2025

TL;DR

If you were hit by a car while walking in Dallas -- even outside a crosswalk -- you still have the right to recover compensation. Brooker Law, a Dallas-based wrongful death and catastrophic injury firm, explains how Texas’s comparative fault law works, why pedestrians are often wrongly blamed, and what evidence matters most in proving a driver’s negligence. Contact Brooker Law for a free, confidential consultation.

‍The "Jaywalker" Myth

It’s one of the most common questions we get from potential clients:

“Can I still file a claim if I wasn’t in a crosswalk when I was hit?”

The short answer is yes -- in most cases, you can. Contrary to popular belief, crossing outside a marked crosswalk does not automatically put a pedestrian at fault. However, defendant drivers, insurers, and sometimes even police reports use the word “jaywalking” to shift blame.

In reality, pedestrian crashes are rarely that simple. The legal system looks at comparative fault, which is a procedural rule that examines how much responsibility each person bears. And in Texas, it’s not all or nothing.

What Comparative Fault Means

Texas follows what’s called "modified comparative negligence" under Civil Practice & Remedies Code § 33.001. Here’s what that means:

  • You can recover damages if you are 50 percent or less at fault for the crash;
  • Your compensation is reduced by your percentage of fault; and
  • If you are found 51 percent or more responsible, you cannot recover damages.

Here's an example. A jury finds that a Dallas driver was speeding and distracted, but you crossed outside a marked crosswalk at night. They assign 80 percent of the fault to the driver and 20 percent to you. If your total damages were $100,000, your recovery would be $80,000 to account for your percentage of responsibility.

This rule exists to ensure fairness — but insurers often try to exploit it by exaggerating evidence in a desperate attempt to increase a pedestrian’s share of blame, thereby reducing their insured's percentage of responsibility.

Why Pedestrians Are Often Blamed (and Why That’s Wrong)

Dallas’s urban design often puts pedestrians in impossible situations. Crosswalks can be a quarter-mile apart on major roadways like Buckner Boulevard or Ledbetter Drive. Sidewalks may end abruptly or be blocked by construction. Lighting and signal timing can make “legal” crossings feel unsafe.

That’s why more than half of severe pedestrian crashes in Dallas happen between intersections. Not because people are careless, but because infrastructure fails them. When someone walks the most direct route to a bus stop or home -- they aren’t being reckless -- they’re adapting to streets that weren’t built with pedestrian safety in mind.

How to Prove the Driver’s Negligence

Even when a pedestrian wasn’t in a crosswalk, Texas law still requires drivers to:

  • Maintain a safe speed for conditions;
  • Control their vehicle;
  • Keep a proper lookout; and
  • Yield when necessary to avoid a collision.

At Brooker Law, we use multiple forms of evidence to prove those duties were breached and negligence committed. For example, we use the following:

  • Surveillance or dashcam footage showing the driver failed to brake or swerve;
  • Black box (EDR) data confirming excessive speed;
  • Crash scene analysis revealing reaction time and sight distance; and
  • Witness testimony about distraction or phone use.

When juries see that a driver solely could have prevented the crash, comparative fault arguments lose power.

What If the Police Report Says It Was My Fault?

Police reports are important — but not the final word. Officers often arrive after the fact and rely on driver statements or incomplete evidence. We’ve represented Dallas pedestrians whose conduct was wrongly listed as a “contributing factor” when video later proved they were already halfway through the crosswalk. A skilled attorney can challenge those findings through:

  • Scene reconstruction;
  • Expert witness testimony; and
  • Public records requests for traffic signal data, design plans, and lighting reports

Remember, being blamed on paper doesn’t mean you were responsible under the law.

The Human Side of Comparative Fault

Numbers aside, every “percentage of fault” represents human pain. A worker crossing at dusk to reach the DART station. A teenager walking home from school. A retiree navigating a dark intersection. Blame doesn’t heal broken bones or bring back loved ones, but understanding fault correctly can help families rebuild. That’s why Brooker Law treats comparative fault not as a legal loophole, but as a tool to show the full truth of what happened.

FAQ: Comparative Fault in Dallas Pedestrian Cases

If I crossed mid-block, can I still make a claim?
Yes. You may still recover damages if you were less than 51 percent responsible. The key is proving driver negligence.

What if both I and the driver broke traffic laws?
Fault is shared proportionally. If you were 40 percent responsible and the driver was 60 percent, your compensation would be reduced by 40 percent.

How does Brooker Law prove comparative fault?
We use physical evidence, expert analysis, and city data to establish driver negligence, poor visibility, and roadway conditions.

Does comparative fault apply to wrongful death claims too?
Yes. The same 51 percent rule applies to wrongful death cases brought by surviving family members.

Contact Brooker Law

Brooker Law, PLLC represents victims and families in Dallas pedestrian accident, crosswalk collision, and wrongful death cases throughout Texas. Our firm’s mission is to make Dallas streets safer by holding negligent drivers and companies accountable. Contact Brooker Law today for a free, confidential consultation.

Disclaimer

This article is for informational purposes only and does not constitute legal advice. Every case is different. For advice about your specific situation, contact Brooker Law, PLLC.