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.
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.
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. Contact the personal injury law office of Herrman & Herrman, P.L.L.C. to speak with an experienced attorney. Call 361-882-4357 to schedule your free consultation today!