In a pedestrian accident, the pedestrian is usually injured far worse than the negligent driver. When a pedestrian is involved in a traffic accident, he or she can sustain lifelong injuries. Common injuries associated with pedestrian accidents are traumatic brain injury, internal bleeding, and leg and pelvis injuries.
If the injured pedestrian survives the accident, he or she has to cope with medical expenses, temporary or permanent disability, lost wages, lost earning capacity, and immeasurable pain and suffering. If you or a loved one is the victim of a pedestrian accident, you have the right to sue the negligent party to obtain financial compensation for these damages.
Common Causes of Pedestrian Accidents
Most pedestrian accidents occur between 6 p.m. and midnight, when nighttime vision impairment, increased pedestrian traffic, and alcohol consumption (by the driver and pedestrian) may cause a collision. Common causes of pedestrian accidents include:
- Driver distraction
- Driving while intoxicated
- Speeding drivers
- Poor city planning
- Lack of crosswalks and/or signage
Children under the age of 16 are the most common victims of pedestrian accidents. Between lack of parental supervision and lack of road awareness, children are likely to run into the road without checking for vehicles. Often, risky driving contributes to these accidents, such as drivers speeding through school zones or residential neighborhoods.
Older pedestrians are also at increased risk of a pedestrian accident. Due to physical limitations concerning vision, hearing, and reflexes, the elderly may not be aware of oncoming traffic. Accidents involving the elderly have worse consequences than other pedestrian accidents and often result in permanent disability or death.
In most pedestrian accidents, the driver was negligent in his or her duties to drive safely and attentively. Distracted driving is common throughout Texas, as more and more people check their mobile devices on the go. Driver error (such as DUI) is also common, especially at night. Many accidents, however, could have been prevented with proper roadside signage and crosswalks.
Poor city planning, such as a lack of proper sidewalks or failing to provide a crosswalk at an intersection, contributes to a percentage of pedestrian accidents in central Texas. In large cities such as Houston and Dallas, pedestrian accidents occur more frequently—often because a driver does not realize a pedestrian is crossing.
Failure to maintain sidewalks and road signs can lead to pedestrians crossing the road when they should not, without realizing that oncoming traffic is not stopping. In these situations, the victim may sue the city or those responsible for maintaining the roadway. Whether driver negligence or a property defect caused your injury, you may be able to recover damages.
The main step in a pedestrian accident case is proving which party’s negligence caused the accident. Texas has a comparative negligence system, in which the courts can split liability between two parties. For example, if a pedestrian was intoxicated and the driver was not paying attention, the courts may allocate a percentage of fault to both parties.
To win compensation, the plaintiff must prove the defendant failed to provide his or her legal duty to the plaintiff under the circumstances and that this breach caused an injury. Victims in pedestrian accidents need to hire a skilled Killeen personal injury lawyer to help them with these cases if and when they go to court.
Fort Hood Pedestrian Accident Attorneys You Can Trust
When Ted Smith Law Group, PLLC, takes on a client involved in a pedestrian accident, we anticipate moderate to severe injuries, permanent disability, and even wrongful death. Our law group is equipped to handle the most complex pedestrian accident cases and is proud to be the firm of choice for injured pedestrians throughout central Texas. If you need legal representation for your case, contact us today for a free consultation.