Texas s a “comparative negligence” state, which simply means the conduct of each party to an accident must be looked at to determine if they contributed to the accident. This means deciding who was “at fault” is often not simply an “either/or” proposition. It is possible a driver may be found at fault, a pedestrian could be at fault, or both the pedestrian and the driver acted in such a way they contributed to the cause of the accident. No one should assume a case may not be brought on behalf of the pedestrian, even if they were found to be “at fault” by those investigating the accident. Nor should it be assumed no case may be brought if law enforcement decided not to file charges against the driver involved in a pedestrian accident. These cases should be examined by a knowledgeable, experienced pedestrian injury lawyer.