Authorities responded to a pedestrian accident around 11:45 p.m. on Saturday, December 4. According to Dallas police, a woman was jaywalking when she was hit and killed by a car at the intersection of Oak Lawn and Maple avenues. The driver of the blue Volkswagen was driving on Oak Lawn in the right lane approaching Maple Avenue when they struck the woman. Police say she was not in the crosswalk. The driver pulled into the Exxon gas station at the corner of the intersection, unharmed. First responders took the woman to the hospital where they pronounced her dead.
Jaywalking in Texas
What is jaywalking? In areas of the country where foot is not a very popular form of transportation, traffic law violations such as jaywalking may not be common knowledge. North Texas places a heavy emphasis on traveling by motor vehicle, but that does not stop pedestrian collisions from occurring.
Jaywalking refers to crossing the street when not permitted or in a non-designated area. Non-permitted may refer to a flashing “Don’t Walk” sign. An unmarked crosswalk is a pedestrian crossing point that is not marked by indicators or painted lines, but can be any corner of intersecting roads.
Jaywalking is considered a minor infraction up to a misdemeanor, accompanied with a small fine, however; in Texas, a pedestrian who was jaywalking may be found at least 51% liable.
Striking a Pedestrian who was Jaywalking
As in any other wreck, there are several steps you must take after a collision. Firstly, do not leave the scene. Pull off to the side of the road and call the police, as well as any other emergency first responders. Just like any other car wreck, exchange personal information. Take any pictures, including damages to the vehicle and the spot where the collision took place. Any details you can take down that prove the pedestrian was jaywalking will ensure the motorist is not liable for the wreck.
Anyone on the road must follow the rules of it, whether they’re operating a motor vehicle, bicycle, or just on foot. Everyone must follow traffic signals, signage, and traffic laws. But drivers are to take extra precaution and do everything possible to avoid a collision with a pedestrian, even one who’s jaywalking. If there was an opportunity to avoid striking a pedestrian, and the motorist did not take it, the majority of the fault may be placed on the motorist.
Other instances where the motorist is found at-fault in a pedestrian accident where the pedestrian is jaywalking may include:
- Hit and Run
- Hit and run felony charge with a potential prison sentence.
- Driving while intoxicated (DWI) or Operating under the influence (OUI)
- This instance may result in higher fines, jail time, or harsher driver’s license penalties.
- Vehicular Manslaughter (also known as involuntary manslaughter)
- Speeding, driving under the influence, or operating the vehicle recklessly may result in criminal charges.
So, what should you do if you were a pedestrian hit by a motor vehicle? Oftentimes, pedestrians are the ones lawfully using the roads or walking along the sidewalk when a negligent driver strikes them.
Angel Reyes – Your Pedestrian Collision Lawyer
Whether you’re operating a motor vehicle such as a car, motorcycle, or truck, or just taking a stroll down the street, each individuals is responsible for keeping themselves aware, as well as others safe. Pedestrians should be able to trust licensed motorists to keep their eyes on the road, and drive to conditions. Motorists should be able to trust pedestrians to not run out into streets, and cross in designated areas.
Our attorneys at Angel Reyes – Reyes Browne Reilley posses the critical knowledge and insight needed to navigate through pedestrian collision law suits. If you or someone you love has recently been involved in a pedestrian collision, you need a lawyer. To learn more, contact us immediately for a 100% free consultation. Tap above to call us or submit a form here now.