Key Texas Laws That Protect Pedestrian Accident Victims
Texas offers a robust legal framework enabling pedestrian accident victims to pursue compensation for the harm they endure due to the negligence or wrongful actions of others. This system ensures accountability and provides a path for victims to recover damages for pedestrian accident injuries, emotional distress, and financial losses.
Common pedestrian accident injuries include traumatic brain injuries (TBIs), spinal cord damage, fractures, broken bones, and soft tissue injuries such as sprains, bruises, or lacerations.
Road users in Texas are required to follow traffic laws, including those related to right-of-way rules, traffic signals, and speed limits. While motorists in Texas are legally required to yield to pedestrians within crosswalks, their responsibility extends beyond that.
Drivers must exercise caution around all pedestrians, whether crossing at marked intersections, unmarked crosswalks, or outside designated areas, especially in situations where the pedestrian is already on the roadway.
The state has strict laws against reckless driving and DUI. If a pedestrian accident happens because of these actions, the driver can face serious consequences. This might include criminal charges, fines, or even jail time.
An important aspect of ensuring pedestrian safety is the enforcement of speed limits. Drivers must adhere to posted speed limits, especially in areas with high pedestrian activity, such as school zones, neighborhoods, and near bus stops. Driving at high speeds not only increases the risk of accidents but also increases the severity of injuries, especially for pedestrians.
Another important law in Texas for pedestrian accidents is related to hit and run, which in legal terms is referred to as Failure to Stop and Render Aid. Those found guilty of fleeing the scene of a pedestrian accident without assisting the victim or reporting the incident face severe penalties. Leaving a pedestrian injured and vulnerable is considered a felony under Texas law. This means that they can face hefty fines, imprisonment, or both.
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Driver Negligence and Comparative Fault Laws in Texas
The state of Texas follows a modified comparative negligence system, which means pedestrian accident victims can still recover compensation if they’re partially at fault for the accident.
However, their share of fault must not be more than 50%.
For example, if the pedestrian was jaywalking while the motorist ran a red light, both parties would be assigned a portion of the fault. If the pedestrian is found to be 40% at fault, they can only recover the remaining 60% of the compensation.
If you’re wondering who decides fault, that depends on the case details. Insurance companies often make the initial determination, but if the case goes to court, a judge or jury will assign fault based on the evidence.
Establishing liability is often one of the most challenging aspects of pedestrian accident cases. Such cases often require piecing together complex evidence and addressing disputes about fault. Several factors may need to be considered to determine fault, including road conditions, traffic violations, or actions taken by both the pedestrian and driver.
Additionally, Texas’s comparative fault system can complicate matters further. To help you navigate the complexities of a pedestrian accident case, including establishing liability, you should consult with a Texas injury attorney who understands the nuances of Texas personal injury law.
Common Causes of Pedestrian Accidents
Unfortunately, most pedestrian accidents are caused by human error, in the form of distraction or negligence by the motorist or the pedestrian. Distracted driving is a common cause of all types of traffic accidents, including those that involve pedestrians. The distraction can be anything from using a cell phone, such as texting or scrolling through social media, to activities like eating, adjusting the radio, or simply losing focus on the road.
For pedestrians, distractions like listening to music through headphones, texting while walking, or failing to observe traffic signals can also contribute to accidents. These seemingly small lapses in attention or concentration can have devastating consequences, especially when pedestrians are involved.
Another common cause of pedestrian accidents is speeding, especially in areas with high foot traffic such as busy streets, intersections, or parking garages. When pedestrians choose not to cross the road at designated crosswalks, that can also increase the risk of an accident.
Your Rights and Legal Options as a Pedestrian Accident Victim
As a pedestrian accident victim, understanding your rights and legal options is crucial for seeking justice and obtaining fair compensation. If the accident was caused by someone’s negligence or wrongdoing, you can file a claim or lawsuit against them. You also have the right to legal representation to protect you from unfair treatment by insurance companies or other parties involved.
Pursuing a personal injury claim is one of the most common legal routes accident victims take. You may have several other legal options depending on the specifics of the case.
A key factor to consider when deciding on the best legal option for your case is to determine who was at fault. If the accident was caused by a defect in the vehicle or its equipment, you may file a claim against the manufacturer or the supplier of the faulty product. Similarly, if the accident was caused by unsafe road conditions or defective signage, you may need to file a claim against the municipality or government agency responsible for maintaining the roads.
What to Do Immediately After Being Hit by a Vehicle
If you suffer a pedestrian accident, your first step should be to prioritize your safety and health. Seek immediate medical attention, even if you believe your injuries are minor, as some injuries may not be apparent right away. Getting timely medical attention is not only important for your well-being but also creates a record that could serve as crucial evidence if you choose to take any legal action later.
If you’re at the crash site and in stable health, you can gather evidence from the crash site. This includes anything that can be used as evidence in a personal injury claim or lawsuit. If you have a cell phone, take photos or videos of the accident scene, road conditions, injuries, vehicle damage, and anything else that you believe could support your claim. If there are witnesses, collect their names and contact information, as their statements might support your case later.
It’s also essential to report the accident to law enforcement. Police officers can file an official report that outlines the facts of the incident, which can serve as important evidence. While you want to cooperate with the police officer and be truthful in what you share with them, you want to avoid sharing unnecessary information.
You may also need to notify the insurance company after the pedestrian accident. However, refrain from discussing the accident with the driver’s insurance company or their representatives without guidance from your attorney.
A personal injury attorney can help you understand your rights and legal options. Ideally, you want to engage an attorney as soon as possible, so they can have maximum impact on your case.
Remember to maintain records of your medical treatments, expenses, and communications related to the incident, as thorough documentation will support any claims or legal actions you pursue. Remaining calm and methodical in following these steps can help protect your safety and legal rights.
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How Evidence Shapes the Outcome of a Pedestrian Accident Case
Evidence plays a key role in pedestrian accident cases, especially in cases where liability is disputed or there are conflicting accounts of the incident. Gathering strong and credible evidence can influence the outcome of the case by helping establish the facts and proving fault. Whether it’s the insurance company, judge, or jury in court, they rely on evidence to understand the circumstances of the accident, determine liability, and evaluate the extent of damages.
Victims aren’t always certain about what evidence they should gather and whether that evidence would be useful in court. You want to focus on evidence that directly relates to the accident and demonstrates its impact on their lives. Whether you can actually use the evidence in your claim or lawsuit, you can discuss it with your attorney later. Your goal in the immediate aftermath of the pedestrian accident should be to gather as much relevant evidence as possible.
If you’re seriously injured and unable to gather evidence, focus on your safety and receiving medical help. Once you’re in stable condition, you can start building your case. In such situations, you may rely on the official police report to provide details about the accident.
Witnesses at the scene may also be able to help by collecting information like photos or videos. Surveillance footage that captured the accident can also help. If you have loved ones or friends you can contact, they can assist in preserving evidence while you recover.
Seeking Compensation: From Insurance Claims to Court
Pedestrian injuries often result from motor vehicle accidents involving oncoming traffic, leading to severe and catastrophic injuries. Victims face significant medical bills and may require guidance under Texas pedestrian laws to pursue compensation for their losses.
Generally, the process of receiving compensation for your pedestrian accident damages starts with filing an insurance claim. However, if the other party is uninsured or if it was a case of hit and run where the driver isn’t identified, you may need to take other legal options. Your attorney can guide you on the best legal options for you to recover compensation for your case.
Most pedestrian accident cases are resolved through negotiation and an out-of-court settlement. However, you need strong negotiation to ensure you get full and fair compensation. After the insurance company reviews your claim, you might receive a settlement offer. It’s important to review any offers with your attorney, as insurance companies may offer an unreasonably low amount.
Your attorney can negotiate with the insurance company to ensure your past, current, and future damages caused by the pedestrian accidents are covered by the settlement. Depending on your case, you may be entitled to compensation for medical bills, including emergency care, surgeries, ongoing treatment, and future medical needs. Lost wages and reduced earning capacity due to long-term pedestrian injuries can also be claimed.
Non-economic damages, such as pain and suffering, emotional distress, depression, anxiety, or PTSD, may further contribute to your compensation. You might also recover damages for loss of enjoyment of life if the accident limits your ability to engage in daily activities or hobbies. In some cases, loss of consortium may apply if your severe injuries have affected close relationships.
Once you accept a settlement, you may no longer be able to recover compensation. You typically waive your right to pursue further compensation for the same incident. This means that you must ensure your settlement reflects all your damages.
If no settlement is reached through negotiations, your attorney can proceed with taking your case to court and will advocate for your rights before a judge or jury. While this process may require additional time and effort, it ensures that every possible step has been taken to achieve a fair resolution.
Schedule your Free Case Evaluation with Angel Reyes & Associates
Take the first step toward protecting your rights and securing the compensation you deserve. Contact us to schedule your free consultation with one of our attorneys at Angel Reyes & Associates. We have four locations in Texas. You can schedule your consultation in any of these locations. To get started, call us or send us a message.
