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Pedestrian Accidents in Texas- Know the Law

Pedestrians account for about 20% of all fatal car accident victims.

There are over 4 million people who walk or bike daily in the United States.

More than half of these deaths occur in urban areas.

Fault in Texas Pedestrian Accidents

Pedestrians are often blamed for accidents even though they didn't cause them.

You could be compensated for your injuries, but you'll have to prove negligence.

A pedestrian who walks into an intersection without looking is usually considered negligent.

In some states, judges apply the modified comparative negligence system where the plaintiff gets less recovery if the defendant is deemed more negligent.

This case shows how a simple change in state law could impact an individual's ability to seek compensation.

When a person dies or suffers serious injuries in a car crash caused by another driver, the deceased/injured party’s family members may sue the other driver and claim damages based on the doctrine of liability without fault.

Pedestrian Accident Statistics

Pedestrians account for over half of all traffic deaths.

In 2018, there were 417 pedestrian fatalities across the US.

Cities like Austin, Houston, & McAllen have the highest rates of pedestrian fatality.

What to Know About Pedestrian Accidents

Drivers and pedestrians alike have a legal obligation to follow traffic rules and regulations.

Pedestrians should always walk facing traffic and look for vehicles before stepping into the roadway.

A pedestrian who is struck by a car must prove that the driver was negligent in order to recover damages.

Buspedestrian accidents are common in urban areas where buses and pedestrians travel together.

Injuries sustained in these accidents can be very severe, and the consequences can last a lifetime.

In order to prove your case, you must be able to provide proof of all of your losses.

Common Causes of Pedestrian Accidents

Pedestrians should wear reflective clothing at all times to increase their visibility.

Drivers should always yield the rightof- way to pedestrians.

When crossing streets, pedestrians should follow these guidelines:

Walk on sidewalks or paths if possible.

Cross only at marked crossings.

Always face traffic when crossing.

Always wear reflective clothing when walking at night.

Common Causes of Pedestrian Accidents

There are several causes of pedestrian accidents.

Most pedestrian accidents happen at night.

There are laws in place to help pedestrians if they're injured in an auto accident.

Common Pedestrian Accident Injuries

Pedestrians are completely unprotected.

Most common injuries are spinal injuries, paralysis, and loss of limbs.

Commonly injured areas include legs, arms, and head.

Pedestrian Accident Injury Types

A pedestrian accident injury type can cause many different types of injuries.

People who walk or bike should wear helmets and other safety gear.

Pedestrians should always look both ways before crossing an intersection.

Texas Right-of-Way Laws for Pedestrians

Pedestrians must follow all posted traffic signals and signs, even if they don't think they should.

Drivers must give pedestrians the rightof-way at stop signs, red lights, and crosswalks.

Pedestrians must not block lanes of traffic while waiting for someone else to move out of the way.

There are many different pedestrian rightsof-way rules across Texas.

Pedestrians must obey all posted signs and signals.

Pedestrian Crosswalk Laws in Texas

Pedestrians must obey all traffic laws while crossing streets.

Drivers should yield to pedestrians who are legally within an unmarked crosswalk.

Drivers must stop at red lights or stop signs before entering the crosswalk.

Fault in Texas Pedestrian Accidents

Pedestrians are often victims of motor vehicle accidents.

A pedestrian who is injured in an accident must prove negligence before receiving compensation.

If a pedestrian is more than 50% responsible for his or her own injuries, he/she cannot recover damages.

Fault in Texas pedestrian accidents.

Under the theory of modified comparative negligence, a plaintiff cannot recover damages unless he or she is less than 50% at fault.

In order to determine whether an individual is negligent, there must be proof that the person knew or should have known about a dangerous condition and failed to act reasonably.

Pedestrians account for about 20% of all car accidents in the United States.

There were an average of 16 pedestrian accidents per day in 2017.

More than 1,000 people died in pedestrian accidents in 2016 alone.

Determining Liability for Pedestrian Accidents in Texas | Hill Law Firm

A pedestrian must prove negligence before he/she can recover damages against a negligent party.

In order to sue a defendant, a plaintiff must establish that the defendant owed him/her a duty of care.

When determining whether a pedestrian owes a duty of care to another person, courts will look at several factors including the nature of the parties' relationship, the relative abilities of each party, the foreseeability of harm, and the likelihood of injury if the duty is breached.

How Is Liability Determined in Texas?

In Texas, if someone is injured in an automobile accident caused by another driver's negligence, the victim can sue the negligent driver for compensation.

When determining who is legally responsible for causing an injury, the most important factor is whether the defendant had control over the situation that led to the injury.

There are three ways to determine legal responsibility in a vehicle accident case:

  1. Negligence per se A violation of a statute or regulation constitutes evidence of negligence.
  2. Proximate cause The plaintiff must prove that the defendant's conduct directly resulted in his injuries.
  3. Foreseeability The defendant must have foreseen the risk of harm posed by its actions.
I Was Hit by a Car. Do I Need a Lawyer?

A car accident attorney can help you understand how an auto accident occurred.

Your car accident lawyer can help you decide if you want to sue the other party.

Pedestrian accidents are common in Texas.

A personal injury attorney in in Harris County, Galveston County, Fort Bend County, Montgomery County, Brazoria County, Houston, Sugar Land, Missouri City, Stafford, Texas at Thornton Esquire Law Group, PLLC, can help you understand what happened and help you recover compensation for medical bills, lost wages, pain and suffering, and other damages.

Contact us today for a free consultation.

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