Can the pedestrian be at fault for a crash if they violate the traffic signal, for instance? In this article, we'll see how pedestrians factor into the equation of traffic laws and duty of care on the road and how a Houston pedestrian accident lawyer may be able to help.
It is widely assumed that the driver is at fault during a pedestrian accident. The pedestrian's fault usually goes unnoticed which can get them injured or force the driver to steer in the wrong way by panicking.
No matter how injured a pedestrian may be, they can still be confirmed as guilty; you should hire a pedestrian accident lawyer in Houston as soon as possible in either case. A competent attorney can help you pursue the damages such as medical expenses, property damage, and pain and suffering.
Following are some scenarios where the pedestrian may be at fault for not showing reasonable care:
The driver may be coming at a fast speed because they were not expecting a pedestrian crossing the street in an area that is not a marked crosswalk.
The influence of alcohol induces a sedative effect on a person, therefore, decreasing the speed of the motor functions even of a reasonable person (and their ability to think fast.)
If the pedestrian runs to cross the run without regarding the incoming driver then the pedestrian is at fault. In these situations, the driver has to prove the accident was inevitable due to the carelessness of the pedestrian and not the driver.
Following are the steps that you should follow during a pedestrian accident to seek fair compensation later on:
Contact the police after checking the severity of the crash. Request an ambulance if needed. Do exactly what the dispatcher tells you on the spot. Later on, you, as the injured pedestrian, can ask for a copy of the police report to continue with the auto accident claim.
The accident victims must examine themselves to see if they are injured. If no one is greatly injured, exit the vehicle. In case someone is severely injured then do not remove them from the vehicle as moving the injured neck or spine may lead to other complications. Seek medical help quickly as possible. Also, check up on the pedestrian as they will be more likely to be injured.
Proving that the driver was innocent is a challenging task. After the accident when you are able, start collecting evidence that can set you free from the upcoming allegations. You may take pictures of the road and your car and the scene where the accident happened as evidence.
Look for the eyewitnesses at the accident scene at the time of the crash. If you see any bystander that was present at the time of the accident, reach out to them. You should take their contact as they will be a key part of proving you innocent (or avoiding inflation in your share of the blame in case of contributory negligence).
Hire a Houston pedestrian accident attorney for your pedestrian-car accident case, even in the case of comparative negligence (if you have a share in the percentage of fault, but not greater than 50%). Do not settle with an insurance company until you have discussed it with your Houston pedestrian accident lawyer as you may lose thousands of dollars in damage compensation otherwise.
Pedestrian accidents sometimes can have disastrous consequences but the most common consequence that the driver has to fave is proving their innocence. They also have to face financial burdens because of the property damage. They may also have to go through emotional stress. On some occasions, they may need to seek medical assistance thus medical expenses.
Even if the pedestrian is at fault, they may also face a lot of problems. The pedestrian is more likely to get injured than the driver. It can be a simple scratch or maybe a broken spine that may lead to paralysis or even death. They might also be burdened with medical expenses or even a lawsuit from the driver (if they are at fault).
Both the driver and pedestrian can be under emotional stress.
The responsible parties for crashes involving motor vehicles must be held accountable and a Houston pedestrian accident lawyer has the legal knowledge to do just that. An experienced pedestrian accident lawyer in Houston can help you recover all of your damages as per the at-fault personal injury law of Texas and make the at-fault driver pay up.
One of the shocking reasons for pedestrian accidents is that the driver fails to notice the pedestrian. If the driver is unable to see you, then he is more likely to hit you. You can try wearing bright clothes and avoiding dark clothes at night. Even if the car’s flashlight is on they might notice you when it's too late. Always wear reflective clothes at night and carry a flashlight with you.
Sometimes, when people are running late, they will tend to cross the street in an area that is not a designated crosswalk. The person driving the car will not expect a pedestrian in such areas. This can cause a serious accident. Either they might hit you or may steer the car in the wrong direction and hit someone else.
The little time you spend on the road, the less chance you will be involved in a pedestrian accident. You should sit on the sidewalk when crossing the road is not required. If the sidewalk is not available, then walk at the end of e road and do not walk in the center of the road.
While driving your eyes must be on the road not on your phone. Your undivided attention should be on your surroundings. Avoid eating, texting, calling, or drinking (especially alcoholic beverages).
People are more likely to be roaming in residential areas. Children might also be playing outside and sometimes they might stumble upon the road. Be extra vigilant when driving through a residential area.
Be careful and patient when the elderly or children cross the road as they might consume more of your time than a normal person, but it's better to be safe than sorry.
You should try making the pedestrian aware that you have noticed them by making eye contact and slowing down for them so they might cross the road and move away from the vehicle.
You are not alone! If you were wronged by the negligence of a reckless driver or an uncaring pedestrian which resulted in damage, you should seek out the services of a highly competent Houston pedestrian accident attorney. Our team of personal injury lawyers will pursue your case with full diligence and see to it that you are compensated as per your losses, not less than that. You can reach us via the Contact Us Page on our website!