Are you a victim of a pedestrian accident? If so, hire a McAllen pedestrian accident lawyer to help you fight for just compensation. The Kenny Perez Law Firm is available to answer all of your questions and help you through the complex legal process. As you focus on your recovery, we will diligently and aggressively fight on your behalf to make sure you receive every dollar you deserve.
Typically, pedestrian accidents are among the most severe traffic accidents. Pedestrians do not have anything to shield their bodies upon impact, unlike a person inside a vehicle who has a steel frame protecting them. Therefore, pedestrians are more susceptible to severe or catastrophic injuries and even death.
That means higher medical bills. We can help recover the compensation to pay for them.
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Auto-Pedestrian Accidents in Texas
In Texas, auto-pedestrian accidents happen regularly. In many cases, the pedestrian has the right of way. The Texas Transportation Code § 552.008 clarifies that drivers must show a significant level of care to avoid hitting pedestrians.
All vehicles should completely stop for pedestrians when using the crosswalk. However, when pedestrians use unmarked crosswalks, this may confuse drivers. Some drivers may not be aware that they should give pedestrians the right of way no matter what crosswalk they use.
All people on the road: pedestrians, drivers, cyclists, etc., must observe crosswalks and traffic signals that grant them the right of way. Pedestrians have the right-of-way when crossing a street or roadway at a crosswalk, regardless if it is marked or unmarked. Pedestrians do not have the right of way to cross at a traffic signal when the sign clearly states that pedestrians are not allowed to walk.
According to the Texas Department of Transportation, the top factors contributing to pedestrian auto accidents in Texas are:
- Pedestrians do not allow motorists the right-of-way.
- Drivers do not allow the right-of-way for pedestrians.
- Distracted driving.
In Texas, there is a significant rise in pedestrian accidents. Many of these accidents are fatal or result in catastrophic injuries. While everyone is responsible for avoiding these accidents, motorists should ensure that they do not hit pedestrians.
Determining Liability in Texas
In Texas, car accidents are tort-based. This means that those guilty of wrongdoing are liable for the accident. Common tort violations include breaking laws such as speeding, driving under the influence, distracted driving, and breaking other roadway rules.
The at-fault party in a pedestrian accident is responsible for paying compensation. Usually, this is the insurance company of the at-fault party.
More often than not, drivers are responsible for pedestrian accidents in Texas. Busy intersections are the most common places where these accidents occur. Every Texas driver must carry at least the minimum insurance liability plan to pay for the damage they cause.
Most people do not realize that a pedestrian can also cause or contribute to an auto-pedestrian accident by not obeying traffic laws. If a pedestrian ignores the crosswalk signals, jaywalks, or walks while distracted, they can cause an accident. It will depend greatly on the circumstances of the accident as to whether or not the pedestrian will be fully liable for the incident. In many cases, the driver will also share the responsibility.
In some accident situations, the government can also be accountable. The government may be the responsible party in pedestrian accidents primarily caused by poorly designed intersections, road hazards, or improperly maintained roadways.
Texas uses a comparative fault law. What does this mean? If the victim is partially at fault for the accident, their financial compensation is reduced accordingly.
For example, a pedestrian is 50 percent at fault for an accident. The courts can then reduce their compensation value to half of what it would be. Or, if the victim is more than 50 percent at fault, they may not be able to recover any compensation for their injuries.
If an auto-pedestrian accident occurs, it is vitally important to connect with a reputable and experienced law firm to get the compensation you deserve. The lawyers at Kenny Perez Law fight aggressively for our clients and strive to get them every dollar they deserve.
Proving Fault in an Auto-Pedestrian Accident
The injured party must prove that the other party was at fault. The injured party must fulfill the burden of proof with clear and convincing evidence that the other party is most likely responsible for the pedestrian’s injuries.
Evidence often comes from eyewitness testimony, videos, pictures, police reports, accident reconstruction, and medical records. The lawyers at Kenny Perez Law work to ensure our clients aren’t blamed for the accident. Insurance companies will often try to pass off blame to the other party and do whatever is necessary to paint this picture. Kenny Perez Law’s aggressive representation deters anyone from manipulating our clients. We build a compelling case asserting our client is the victim deserving compensation.
What happens when a pedestrian accident occurs?
The courts may determine that the behaviors that led to the pedestrian’s injury or death are criminal. If the at-fault party is found guilty, the criminal penalties can range from completing community service to serving jail time depending on the severity of the pedestrian’s injuries and the driver’s “percentage of fault.”
What happens when a jaywalker gets hit in Texas?
If a pedestrian is jaywalking and gets hit by a vehicle in Texas, the law will find the pedestrian to be at least 51 percent liable. This liability level voids the pedestrian’s right to seek financial recovery.
Do pedestrians have the right of way in Texas?
The short answer is yes, in most cases. However, all pedestrians and cyclists must observe common roadway laws.
What about bicyclists? Are they considered pedestrians?
In Texas, bicyclists have the same rights and responsibilities as motor vehicle drivers, not pedestrians. This treatment means that bicyclists must yield to pedestrians and adhere to the road rules, like every other vehicle. In some areas of Texas, bicycles can travel on sidewalks, but they must yield to pedestrians. In other areas of Texas, it is illegal for bikes to use the sidewalks.
Contact us today at (956) 544-9292 so we can assess your accident claim. Our experienced team can fight to get you the compensation you deserve.
Kenny Perez Law
1900 N Exp 77. Suite A,
Brownsville, Texas 78521
“Definitely a law firm that you can trust! Professional, reasonable, and knowledgeable. The legal team has great customer service skills. They were able to help and guide us every step of the way after our accident.” – Cynthia Barrera
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