Pedestrian accident personal injury claims address the severe injuries people suffer when struck by motor vehicles while walking. Pedestrians have no protection from vehicle impacts, making these accidents particularly devastating. Pedestrian accident personal injury claims allow those struck by negligent drivers to pursue compensation for medical expenses, lost wages, pain and suffering, and other damages. Understanding how these claims work helps pedestrian accident victims protect their rights.
Pedestrian accident personal injury claims arise when drivers fail to yield to pedestrians, ignore crosswalks, speed through areas with foot traffic, or otherwise neglect their duty to watch for people on foot. The National Highway Traffic Safety Administration reports over 7,000 pedestrian deaths annually in the United States, with thousands more suffering serious injuries. Texas ranks among the most dangerous states for pedestrians.
Urban areas like Austin, Houston, Dallas, and San Antonio see high numbers of pedestrian accidents due to heavy traffic and extensive walking activity. However, pedestrian accident personal injury claims arise throughout Texas in suburban and rural areas as well. Anywhere vehicles and pedestrians share space, the potential for accidents exists.
Common Causes of Pedestrian Accidents
Pedestrian accident personal injury claims typically involve specific types of driver negligence. Several patterns appear repeatedly.
Failure to yield at crosswalks causes many pedestrian accidents. Drivers must stop for pedestrians in marked and unmarked crosswalks. Rolling through crosswalks or failing to check before proceeding strikes pedestrians who have the right of way.
Distracted driving causes pedestrian accidents when drivers look at phones, adjust controls, or focus on anything besides the road. Pedestrians in crosswalks or along roadways go unseen by distracted drivers.
Speeding increases both the likelihood of striking pedestrians and the severity of resulting injuries. Faster vehicles have less time to stop and generate greater impact forces.
Drunk driving affects drivers’ ability to see pedestrians and react in time to avoid collisions. Impaired judgment leads to poor decisions around pedestrian areas.
Failure to check before turning causes pedestrian accidents when drivers make turns without looking for people crossing. Right turns on red present particular dangers when drivers focus only on traffic.
Backing accidents in parking lots and driveways strike pedestrians behind vehicles. Drivers may not see people walking behind as they reverse.
Pedestrian Injuries
Pedestrian accident personal injury claims typically involve severe injuries because human bodies cannot withstand vehicle impacts.
Traumatic brain injuries result when pedestrians strike the ground or vehicle surfaces with their heads. Even relatively low-speed impacts can cause concussions or more severe brain damage.
Spinal cord injuries cause paralysis when the forces of vehicle impacts damage spinal structures. Many pedestrian accident victims suffer permanent disability.
Broken bones throughout the body result from vehicle impacts. Leg fractures from initial impact, arm fractures from landing, and multiple fractures from being run over all occur commonly.
Internal injuries damage organs through blunt force trauma. Internal bleeding may not be immediately apparent but can be life-threatening.
Fatal injuries occur frequently in pedestrian accidents. The human body simply cannot survive high-speed vehicle impacts.
Pedestrian Rights and Responsibilities
Texas traffic laws establish rights and responsibilities for both drivers and pedestrians. Understanding these rules affects liability analysis.
Pedestrians have the right of way in crosswalks when traffic signals permit crossing. Drivers must stop and remain stopped for pedestrians in crosswalks.
Pedestrians must obey traffic signals at controlled intersections. Crossing against signals may constitute contributory negligence.
Jaywalking outside crosswalks requires pedestrians to yield to vehicles. However, drivers still must exercise due care to avoid striking pedestrians regardless of where they cross.
Drivers must exercise due care to avoid striking pedestrians at all times. Even when pedestrians violate traffic laws, drivers who could have avoided hitting them may bear liability.
Comparative Fault in Pedestrian Cases
Pedestrian accident personal injury claims often involve comparative fault arguments. Defendants claim pedestrians share responsibility for their own injuries.
Texas comparative fault rules allow pedestrians to recover damages reduced by their fault percentage as long as they were not more than 50% responsible. A pedestrian 20% at fault recovers 80% of their damages.
Common comparative fault arguments include jaywalking, crossing against signals, wearing dark clothing at night, being intoxicated, and suddenly entering roadways.
Countering comparative fault arguments requires demonstrating that driver negligence was the primary cause of the accident regardless of any pedestrian conduct.
Get Help with Your Pedestrian Accident Claim
The personal injury attorneys at Shaw Cowart represent pedestrian accident victims throughout Texas. We investigate accidents thoroughly, counter comparative fault arguments, and fight for maximum compensation. If a vehicle struck you while walking, contact Shaw Cowart today for a free consultation.
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