According to the National Highway Safety Traffic Administration (NHTSA) statistics for 2017, nearly 6,000 pedestrians lost their lives in accidents with vehicles nationwide, and Texas has the third-highest pedestrian fatalities at 607. The term pedestrian
refers to any person on foot who does not use another apparatus, such as roller skates or a skateboard, for mobility. Pedestrians include any seated individual, as well as:
If a negligent driver caused the pedestrian accident that resulted in your injuries or the loss of your loved one, a pedestrian accident lawyer serving El Paso might be able to help you determine if you have a case. Contact D. Miller & Associates, PLLC today at (713) 850-8600 to discuss the details of your accident with our team.
Pedestrian Laws in Texas
Texas has laws in place to protect pedestrians from harm. Texas Transportation Code Title 7 Subtitle C outlines the rights of pedestrians, which include:
- Crossing at an intersection when a signal deems it safe.
- Crossing at a marked or unmarked crosswalk when a driver has a reasonable amount of time to reduce speed.
- Crossing a road as directed by a police officer or other traffic control personnel.
- Walking along the shoulder of a highway on the side facing oncoming traffic in the absence of a sidewalk.
- Soliciting charitable contributions when authorized by local authorities.
Section 552.008 adds that regardless of the circumstances, drivers must exercise caution to avoid collisions, particularly in the presence of a child or a person who seems confused or otherwise incapacitated, and sound their horns to warn pedestrians if they anticipate the potential for an accident.
Injuries to Pedestrians in Accidents with Vehicles
Pedestrian-related traffic accidents continue to increase in the United States. According to the Centers for Disease Control and Prevention (CDC), a pedestrian suffered fatal injuries in a traffic accident every 88 minutes in 2017, and approximately 137,000 pedestrians received emergency treatment for non-fatal injuries the same year. Older adults suffer the greatest impact, as fatal pedestrian accidents account for at least 1 in 5 traffic fatalities among people over 65.
In 2018, Texas ranked among the top five states that accounted for nearly half of all pedestrian accident fatalities. If you lost a spouse, child, or other loved one in an El Paso pedestrian accident, our attorneys might be able to help you seek financial awards and hold the driver who caused the accident accountable for their negligence. Contact D. Miller & Associates, PLLC today at (713) 850-8600 to discuss your case with our legal team.
Causes of Pedestrian Accidents
Pedestrian accidents occur for many reasons, and drivers often hold at least partial responsibility for the accident. Because pedestrians lack the protection afforded by vehicles, the CDC notes that pedestrians have a greater chance of suffering an injury in a car accident than vehicle passengers.
While certain conditions or circumstances in El Paso may make navigating roadways for both pedestrians and drivers challenging, everyone on the road must take special care to avoid the primary causes of pedestrian accidents.
In a National Public Radio (NPR) article, experts say that distracted driving, particularly due to the use of cell phones, remains among the top contributors to pedestrian accidents. According to the NHTSA, distracted driving causes 400 pedestrian fatalities in the United States each year. Distracted driving includes:
- Talking on the phone
- Eating or drinking
- Using the radio or other electronics
- Having conversations with passengers
If you were struck by a distracted driver in a pedestrian accident and suffered injuries, a pedestrian accident lawyer serving El Paso might be able to help you seek financial recovery for your losses.
Many researchers agree that an increase in larger vehicles, particularly SUVs, on the road contributes to the increase in pedestrian accidents. The bigger and heavier nature of these vehicles helps to protect passengers, but it presents a greater danger for pedestrians.
The National Safety Council reports that in 2017, alcohol played a role in over 40% of all pedestrian fatalities, and accidents involved an impaired driver in 1 out of every 10 cases. However, the pedestrians were intoxicated more often than drivers. Intoxication can alter your judgment and slow your reaction time, making walking along roadways dangerous. Even with the best intentions, serious injury can occur.
Most pedestrian accidents occur at night, making visibility a major factor. In 2017, more than one-quarter of pedestrian accidents in the United States occurred between the hours of 6 p.m. and 8:59 p.m., when evening rush hour and sunset can make for a deadly combination.
At dark, drivers must avoid distractions and pay close attention to the road to avoid these incidents. A pedestrian accident lawyer serving El Paso can help you gather the evidence you need to prove that a driver’s negligent behavior caused your injuries.
How the Attorneys at D. Miller & Associates, PLLC Can Help You
Victims of pedestrian accidents may find it difficult to take their case to court without legal assistance. The lawyers at D. Miller & Associates, PLLC can help you by gathering the information you need to prove the driver’s liability and seek the financial awards you deserve for your injuries.
Even if you maintain partial fault for the accident, you may still have a case. In personal injury cases, Texas uses a proportionate responsibility rule, in which the court determines the percentage of liability of each involved party. If they find the driver to hold a greater level of responsibility for the accident, you may receive a portion of the financial awards the court grants.
If you suffered injuries or lost a loved one in a pedestrian accident, our attorneys can help you seek financial awards to get you back on the road to recovery. Contact us today at (713) 850-8600 to talk to our team about your case evaluation.
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