It depends on the circumstances.
If the pedestrian ran out in front of the care carelessly, it is the pedestrians fault for endangering their own safety.
If the driver of the car was speeding or not concentrating properly, it is the drivers fault for disobeying the rules of the road.
Police will examine eyewitness reports and CCTV recordings to determine which is to blame.
As listed below, a pedestrian does not always have right of way. They must also yield right of way to vehicles. CHAPTER 552. PEDESTRIANS 552.002. PEDESTRIAN RIGHT-OF-WAY IF CONTROL SIGNAL PRESENT. (a) A pedestrian control signal displaying "Walk," "Don't Walk," or "Wait" applies to a pedestrian as provided by this section. (b) A pedestrian facing a "Walk" signal may proceed across a roadway in the direction of the signal, and the operator of a vehicle shall yield the right-of-way to the pedestrian. (c) A pedestrian may not start to cross a roadway in the direction of a "Don't Walk" signal or a "Wait" signal. A pedestrian who has partially crossed while the "Walk" signal is displayed shall proceed to a sidewalk or safety island while the "Don't Walk" signal or "Wait" signal is displayed. Acts 1995, 74th Leg., ch. 165, § 1, effective. Sept. 1, 1995. 552.003. PEDESTRIAN RIGHT-OF-WAY AT CROSSWALK. (a) The operator of a vehicle shall yield the right-of-way to a pedestrian crossing a roadway in a crosswalk if: (1) no traffic control signal is in place or in operation; and (2) the pedestrian 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 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 to cross a roadway may not pass the stopped vehicle. Acts 1995, 74th Leg., ch. 165, § 1, effective. Sept. 1, 1995. 552.005. CROSSING AT POINT OTHER THAN CROSSWALK. (a) A pedestrian 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 tunnel or overhead pedestrian crossing has been provided. (b) Between adjacent intersections at which traffic control signals are in operation, a pedestrian may cross only in a marked crosswalk. (c) A pedestrian may cross a roadway intersection diagonally only if and in the manner authorized by a traffic control device.
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