Hit a Pedestrian

[needabreak]

What is the name of your state? TEXAS

Last week I had a accident - I hit a pedestrian -

Time of accident: 6:15 A.M - before sunrise

Intersection: I had GREEN light - making a left hand turn with blinker on.
Intersection DIMLY lit - no CONTROL signal - no marked crosswalk

Pedestrian - wearing black tennis shoes - dark blue jeans - navy blue sweatshirt.

I did not see her until I hit her - I am not saying I'm not at some degree of fault but my question is how much - is she not culpable also ?

I called 911 - the police and ambulance arrived - one officer stated just an accident - she didn't see you and you didn't see her -

I honestly think if she had been wearing something light colored or reflective I would have seen her. I don't believe I was totaly negligent - I was not speeding, my car lights were on. I was not ticketed by the police.

Do persons walking in the dark not have some responsability to make sure they can be seen ?

 

[moburkes]

§ 544.007. TRAFFIC-CONTROL SIGNALS IN GENERAL. (a) A
traffic-control signal displaying different colored lights or
colored lighted arrows successively or in combination may display
only green, yellow, or red and applies to operators of vehicles as
provided by this section.
(b) An operator of a vehicle facing a circular green signal
may proceed straight or turn right or left unless a sign prohibits
the turn. The operator shall yield the right-of-way to other
vehicles and to pedestrians[0] lawfully in the intersection or an
adjacent crosswalk when the signal is exhibited.
********
§ 552.003. PEDESTRIAN[0] RIGHT-OF-WAY AT CROSSWALK. (a) The
operator of a vehicle shall yield the right-of-way to a pedestrian[0]
crossing a roadway in a crosswalk if:
(1) no traffic control signal is in place or in
operation; and
(2) the pedestrian[0] is:
(A) on the half of the roadway in which the
vehicle is traveling; or
(B) approaching so closely from the opposite half
of the roadway as to be in danger.
(b) Notwithstanding Subsection (a), a pedestrian[0] may not
suddenly leave a curb or other place of safety and proceed into a
crosswalk in the path of a vehicle so close that it is impossible
for the vehicle operator to yield.
(c) The operator of a vehicle approaching from the rear of a
vehicle that is stopped at a crosswalk to permit a pedestrian[0] to
cross a roadway may not pass the stopped vehicle.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
********
§ 552.005. CROSSING AT POINT OTHER THAN CROSSWALK. (a) A
pedestrian[0] shall yield the right-of-way to a vehicle on the highway
if crossing a roadway at a place:
(1) other than in a marked crosswalk or in an unmarked
crosswalk at an intersection; or
(2) where a pedestrian[0] tunnel or overhead pedestrian[0]
crossing has been provided.
(b) Between adjacent intersections at which traffic control
signals are in operation, a pedestrian[0] may cross only in a marked
crosswalk.
(c) A pedestrian[0] may cross a roadway intersection
diagonally only if and in the manner authorized by a traffic control
device.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.

 

[ecmst12]

What I think all that means is that even if there was no marked crosswalk, if she was crossing at the intersection, she was legally in the road and you had the greater responsibility to see her.