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Pedestrian Dangers and Legal Remedies

Walking is good for your health. It is something nearly everyone can do, and it helps people see things and develop relationships that cannot be done while driving.

However, pedestrians face unique hazards from other vehicles on the road. This is especially true in urban areas, on weekends and during the evenings. According to the National Highway Traffic Safety Administration (NHTSA), 72 percent of all pedestrian fatalities occur in urban areas. Nearly one-half (48 percent) of all pedestrian fatalities occur on Friday, Saturday, and Sunday (16, 17, and 15 percent respectively), and a majority of such accidents (70 percent) happen at night (between 4 p.m. and 4 a.m.). The state of Texas was one of the top four states in the nation for pedestrian accidents. In 2009, (the latest year for available statistics) nine fatal accidents involving pedestrians occurred in Corpus Christi.

The NHTSA also reports that children under age 18 accounted for a majority of pedestrian injuries, while senior citizens (over age 65) had the highest fatality rate. 69 percent of all pedestrians killed in 2009 were males.

Despite the risk of injury, pedestrians have legal remedies available should they be injured. Texas law requires drivers to yield the right of way to pedestrians. While it is best for people to cross intersections within crosswalks, injured pedestrians may sue for money damages under a negligence claim. Essentially, if it is found that a driver did not use reasonable care in avoiding a pedestrian, they could be held liable for the resulting injuries, as well as costs and losses stemming from the accident. If a pedestrian is killed in an accident, the surviving family may bring a wrongful death lawsuit against the driver for lost wages, loss of consortium, mental anguish as well as medical and funeral costs

Nevertheless, pedestrians must be careful every time they step in the street. If you have been hit by a car while walking or running, an experienced attorney can help you.

Source: Pedestrian Crash Facts

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The attorneys at Herrman & Herrman, P.L.L.C. serve clients throughout Texas, with a concentration on South Texas and the Rio Grande Valley, including Corpus Christi, McAllen, Victoria, Edinburg, Brownsville, Laredo, Sinton, Kingsville, Alice, Refugio, Harlingen, Falfurrias, Hidalgo County, Nueces County, Kleberg County, Cameron County, Webb County, Starr County, Brooks County, Duval County, Jim Wells County, Refugio County and San Patricio County.

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