TX Pedestrian Accident Lawyer

A pedestrian prior to being struck by a motor vehicle

Walking is the most basic form of transportation. At some point during the day, nearly all of us are pedestrians. While vehicles are getting safer, people on foot remain just as vulnerable to serious or fatal injuries if struck by a car or truck. Unfortunately, pedestrians represent an increasing portion of the total traffic accident injuries and deaths.

At Herrman & Herrman, P.L.L.C., our compassionate attorneys help pedestrians who have been hurt in automobile accidents caused by motor vehicle drivers. Our pedestrian injury lawyers will review the details of the accident and discuss your legal options during a free consultation.

Herrman & Herrman, P.L.L.C. is a highly regarded local law firm with more than 100 years of combined legal experience.

We have served thousands of people across Texas. If we accept your pedestrian accident case, we will handle it on a contingency fee arrangement so that you will not owe any upfront costs.

Whether your pedestrian accident was caused by a drunk driver, a distracted driver, a driver who was speeding or breaking traffic laws, or someone who simply failed to exercise caution, you can count on our experienced pedestrian accident attorneys to be dedicated to advocates for you. Call Herrman & Herrman P.L.L.C. to obtain a free review of your case.

 

What To Do If You Are In a Pedestrian – Involved Car Accident?

Pedestrians face a certain danger level every day, even when they use sidewalks and other designated foot traffic areas. There is always a risk of being in a dangerous pedestrian-involved auto accident.

Pedestrian-involved car accidents are one of the most dangerous types of car accidents possible. Considering that pedestrians are not wearing any safety gear and are not protected by the same safety mechanisms as cars are. In a vehicle-on-vehicle collision, there are safety features to protect the driver and passengers. this includes airbags, seat belts, and anti-lock braking systems. If you’re a pedestrian, you do not have the same kind of safety gear.

What Is The Law Surrounding Pedestrians in Texas?

There are many legalities that prove to be complex and confusing, especially when they are state-specific. Because the United States is orchestrated in such a way that the federal, state, and local governments have the power to influence legislature, it can often feel overwhelming for the average citizen. How does one keep up with all of the laws that impact their existence? One of the most controversial and debated topics of legality in the country is the concept of transportation as it applies to pedestrians. The rule of thumb many have simply adopted out of necessity is to assume that pedestrians have the right of way, but each state may have different regulations. In the state of Texas, a citizen need only look to the Texas Transportation Code Chapter 552 on Pedestrians.

Chapter 552 Restrictions & Regulations

Pedestrians are legally required to adhere to the traffic signals unless they have a specially designated signal. If the light is yellow or red, pedestrians are not legally allowed to cross the road.

If the light is green, the pedestrian has the right of way, especially if there is a WALK signal. Oncoming traffic must yield to the pedestrian.

Pedestrians are not legally permitted to cross the road without a green light or a WALK signal. If there is a WAIT signal or a DON’T WALK signal, then the pedestrian has to remain stationary.

Vehicles are not allowed to pass other cars when they are stopped at a crosswalk.

Pedestrians are required to stay on the right side of the crosswalk.

If crossing at a point that is not a designated crosswalk, then the pedestrian does not have the right of way and must yield to oncoming traffic. Pedestrians are not allowed to walk along roadways when there is a provided sidewalk, and they must stay on the left side of the road facing oncoming traffic if there is no sidewalk provided.

Fatalities & Injuries for Pedestrians Resulting from Illegal Actions

There has been a steady increase in the number of pedestrian fatalities in the state of Texas for the past few years. The entire United States faces a sharp uptake in the number of pedestrian casualties as well, with the average percentage of fatally wounded pedestrians exceeding 14%. Texas is seriously contributing to that standard by boasting a solid 13.5%, which is roughly 476 pedestrians annually.

What Should I Do If I’m In An Accident?

As with all car accidents, the first thing you should do is make sure that the safety of all involved takes priority. Make sure that you, those around you, and the driver or drivers involved are safe. Get everyone out of the danger area. Call 911 to alert emergency medical services and local police or fire personnel of where you are and what your emergency is. You should always cooperate fully with the first responders on the scene.

You should also make sure that you retain a record of as much evidence as possible. Whether through photos or through eyewitnesses who are nearby and can give their account of events. Make sure you comply with police and all their directions and answer any questions they may have. The police responders will help you file an official report of the accident.

If you were a pedestrian involved in an auto accident. Make sure that you get into contact with a pedestrian-car accident attorney after you tend to any injuries. A skilled attorney who has experience in vehicle and pedestrian-car collisions can help you win compensation for any injuries or other costs you may have incurred. If you have been severely injured or lost out on income from your pedestrian-car accident injury, this is especially important.

Common Causes of Texas Pedestrian Accidents

Pedestrian accidents can happen at any time and anywhere. They represented nearly one of every five traffic fatalities in Texas in 2016. A total of 678 pedestrians died in traffic accidents in Texas in 2016. That represents a 21.5% increase compared to the previous year.

Motorists should always be on the lookout for people on foot. Many accidents occur because drivers are not looking for pedestrians and fail to see them crossing the street, entering an intersection crosswalk, or walking along the road. The common causes of pedestrian accidents include:

speed limit sign
Speeding—There is a strong relation between vehicle impact speed and the severity of pedestrian injuries. An estimated 5 percent of pedestrians will sustain fatal injuries when struck by vehicles traveling 20 miles per hour or less. By comparison, 40 percent of pedestrians will be killed if hit by a car traveling 30 miles per hour and 80 percent will be fatally injured by a vehicle traveling 40 miles per hour, according to the U.S. Department of Transportation.
yield sign
Failure to Yield— Drivers in Texas are required to yield the right-of-way to pedestrians in a number of situations. Drivers must give the right-of-way to pedestrians at an intersection that does not have traffic signs or signals.  Drivers must yield if the pedestrian has a WALK signal or on a green light if there is not a pedestrian crossing signal. Drivers pulling out of driveways, alleys or private roads should yield to pedestrians on sidewalks.

Drivers should look out for yellow signs indicating areas where large numbers of pedestrians cross the street and slow down. Motorists should be alert for any blind or partially blind pedestrians guided by a service dog or using a white cane. When a driver fails to yield, a pedestrian may be seriously or fatally injured.


icon of a person holding a phone
Distraction—Distraction is a factor in many pedestrian accidents. A driver who is preoccupied with a cell phone, food, cigarettes, the radio, a navigation system or talking with passengers poses a danger to pedestrians and other motorists. A distracted driver is more likely to fail to see a pedestrian and cause an accident.
icon of alcohol to represent drinking and driving
Alcohol—Texas has among the highest number of drunk driving accidents in the nation, and alcohol is a contributing factor to many pedestrian accidents. Fifteen percent of pedestrians struck and fatally injured are hit by drunk drivers, according to the Governor’s Highway Safety Commission, while a third of pedestrians who are killed are legally intoxicated. Some pedestrians under the influence of alcohol walk in the road or even sit or lie down in the road.
icon of a moon to represent lack of visibility while driving
Lack of Visibility—About three fourths of fatal pedestrian accidents occurred in the dark, according to the National Highway Traffic Safety Administration. Pedestrians are more difficult for drivers to see at night, particularly if the person on foot is wearing dark clothing.

Common Injuries in Pedestrian Crashes

pedestrian accidentsA pedestrian accident is more likely to involve severe injuries. The impact of being struck by a vehicle can cause trauma to the head, legs, pelvis, and torn ligaments in the knee. The seriousness of the pedestrian’s injuries depends on a number of factors including the vehicle speed, the angle of impact, and the body part first struck.

In pedestrian crashes involving adults, the vehicle will typically hit the legs of the individual on foot, causing the person’s legs to be pushed forward and the upper body and head to hit the car windshield or hood. At higher speeds, the pedestrian may be tossed into the air onto the car hood or thrown onto the ground, causing secondary impacts.

The most common injuries in pedestrian accidents involving children are traumatic brain injuries and musculoskeletal injuries frequently involving muscles and ligaments in the upper and lower legs, which can cause long-term disabilities.

A pedestrian accident can involve a lengthy recovery and leave a person unable to work for months and facing sizable medical bills. Serious injuries may leave an accident victim unable to return to work.

If you or your loved one has been seriously injured in a pedestrian accident anywhere in Texas, you should seek the help of an experienced injury lawyer.

What to Do If You Are Hit by a Car While on Foot

The following steps are important to take to protect your rights after a pedestrian accident caused by a motorist:

Medical Treatment—If you did not need emergency medical care after being injured in a pedestrian accident, you should still see a doctor and have a medical evaluation. If you were struck by a car traveling at low speed, you may not feel injured immediately afterward. But you may be very sore the next day. It’s important to be evaluated by a doctor to be screened for injuries. Some potentially serious injuries such as concussions may not be readily apparent. A doctor’s evaluation describing your injuries will be useful if you need to pursue a pedestrian accident injury claim.
Call Police—If you were struck by a car, summon the police to the scene of the accident if you are able or have someone else report the accident to police. Do not let a driver talk you out of calling the police, even if the driver promises to pay your damages out of pocket. A police accident report describes how the pedestrian accident occurred and offers an official record. The law enforcement officer may make a determination of fault in the accident and cite the driver for failure to yield or another traffic violation. A police accident report can serve as a starting point for an attorney’s investigation of your pedestrian accident. Without a police report, it will be your word against the driver’s word.
Obtain Motorist’s Insurance Information—Obtain the insurance and registration information of the driver who hit you or have someone else do so. The insurance company representing the at-fault driver may try to contact you. You should not give any statements to the other driver’s insurance company or discuss your injuries with the insurance adjuster until you have sought the guidance of a personal injury lawyer. An insurance company may twist any statements you make to minimize or deny your claim for compensation.
Consider Your Legal Options—You should schedule a free consultation with an experienced pedestrian accident lawyer at Herrman & Herrman. If you have serious injuries, it is very important to have an experienced pedestrian accident attorney review your accident and discuss your legal options. You may face significant medical debt as a result of your injuries. Our aggressive attorneys will fight for your rights to be compensated fully for your hospital bills, rehabilitation, lost wages, pain and suffering resulting from a driver’s negligence.

Contact Our TX Pedestrian Accident Attorneys

Call Herrman & Herrman, P.L.L.C. to schedule an appointment with an experienced personal injury lawyer and receive an explanation of your legal options after a spinal cord injury caused by another person’s negligence. There is no charge for the consultation.

Our firm is equipped with over 100 years of combined experience handling personal injury cases across Texas. Our outstanding record of favorable settlements and verdicts includes over 20,000 successfully resolved cases. Once we take on a case, we are relentless, and you can rely on us to pursue full compensation for you.

  • You can trust our attorneys to be compassionate and professional.
  • We will fight hard to obtain a fair settlement for you.
  • Our firm represents the injured and families who have lost a loved one due to others’ negligent acts.
  • We serve as counsel in a range of injury cases – including car, truck, motorcycle, bicycle, pedestrian accidents, premises liability cases, product liability cases, and medical malpractice claims.
  • We have the ability to dispatch the Herrman & Herrman Accident Investigative Team to the crash scene to start an investigation and preserve critical evidence.

 

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