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The state of Texas holds several unfortunate records concerning pedestrian accidents. The Texas Department of Transportation (TXDoT) reports a steady rise from year to year in pedestrian fatalities. In 2019, 669 pedestrians died in motor vehicle accidents, a 5% increase from the previous year. Also, an in-depth report prepared by Texas Department of Transportation places Texas in the top 10 list of the most dangerous states for pedestrians. Moreover, two Texas cities are included in the top 20 most dangerous cities. These concerning data make you wonder: is it safe to even cross the road in Texas? We believe it is, if you strive to follow all crosswalk laws. However, if you are hit by a vehicle while crossing or walking along a road, you should contact a personal injury attorney at Calhoun Meredith Law Firm.
Even if you are partly at fault for the accident on a public roadway, there are still possibilities to recover some of your medical care costs and other financial losses. An experienced pedestrian accident attorney will investigate the circumstances of the incident and determine whether you were less than 50 percent at fault for the occurrence that caused your bodily injury, as per the requirements of the comparative negligence rule applicable in the state of Texas.
The fault for collisions with pedestrians is usually attributed to car drivers. However, this is not a general rule. While automobile operators have a duty of care towards everyone sharing the road, including pedestrians, the latter also have a responsibility for their own safety. This is why pedestrian roadway rules exist.
The actual causes for nonfatal and fatal pedestrian crashes, as included in TXDoT campaign a for pedestrian safety, are:
Furthermore, one of the key pieced of advice the campaign offers to pedestrians in crosswalks or walking by the side of the road is to put away their mobile phones. Unfortunately, texting and street crossing is just as dangerous as texting and driving, A distracted pedestrian may fail to see an approaching vehicle and the driver may not be able to prevent a collision.
The legal requirements for pedestrians using a roadway intersection, adjacent sidewalk or any kind of public roadway are included in the Texas Transportation Code Title 7 Subtitle C Chapter 552. These are some of the most important rules you should comply with:
Pedestrians at intersection must look at the traffic control signal displayed by the device:
Alternately, the device may display the pedestrian control signals: "Walk", "Wait", "Don't Walk".
From a legal standpoint, there is no distinction between a marked crosswalk and an unmarked crosswalk when it comes to right of way. Thus, vehicles must give pedestrians the right of way in any of the following situations:
If a pedestrian wants to cross a road in an area with no traffic signals or crosswalk, they must exercise proper precaution. In this situation, vehicles always have right of way. Unsafe road crossing is called jaywalking in legal terms and, if you are hit by a vehicle, you may be found more than 50% at fault for the accident. Thus, you may be ineligible for filing a claim for your pedestrian accident injuries.
Jaywalking is a big factor in pedestrian accidents. Even when exercising proper care and obeying traffic laws, a pedestrian suddenly appearing in the road may cause confusion for drivers, leading to a near miss or a collision. The best option is to look for the nearest crosswalk without or with traffic signals or a pedestrian tunnel.
On the other hand, drivers should always pay attention, especially if the pedestrian in the road is a disabled or incapacitated person or an elderly person (the age group with the highest risk for pedestrian fatalities according to the Smart Growth America report).
If there is a sidewalk accessible, pedestrians should always use it. Otherwise, choose the side of the road that appears safer - where you can find an exit way or a safety island. At any rate, pedestrians should stay away from marked traffic lanes for vehicles or bicycles..
Many people rely on running as a form of physical exercise to stay fit. The scenic landscapes in the state of Texas are certainly a plus point for anyone who wants to enjoy outdoor activities. Manny joggers choose running along roads and in parks. Unfortunately, they may encounter cars, bicycles or motorcycles and suffer serious accidents..
Just like pedestrians, runners must obey all traffic laws, including the use of an overhead pedestrian crossing wherever it is available, following traffic lights signals and giving right of way. In our experience as personal injury lawyers, we have created a list of useful specific precautions for joggers:
If you were hit by a car while crossing or walking along the road, make sure that you call 9-1-1 and ask for medical assistance. A law enforcement team may also arrive at the accident scene to investigate. In the meantime, get the driver's contact and insurance details and take photographs of your injuries the area where the collision happened and the car.
If the ambulance crew recommend going to the hospital, do so. At any rate, you must see a doctor within 24 hours after the accident. Injuries such as internal organ damage, whiplash and neck and back injury may not show symptoms during the first hours after the accident.
At any rate, you will need a medical report that established the extent of your injuries and proves that you suffered these injuries as a result of the collision with the car.
Finally, hire an experienced personal injury attorney to analyze your case and present you the legal options you have: filing a personal injury claim or taking the responsible driver to court.
At Calhoun Meredith we spare no efforts when fighting for our client's rights. Our values are unparalleled work ethics, energy, and the use of innovative techniques to win your case and get you the financial compensation you deserve for your economic losses, pain, and suffering.
We charge no fees until we win your case, so call us now for a free case evaluation: 855-664-0273!