When drivers fail to pay attention to the road and obey traffic signals, their negligent actions can cause injury not only to other drivers and passengers but also to pedestrians. The National Highway Traffic Safety Administration (NHTSA) calculated that an accident took the life of a pedestrian in the United States approximately every 88 minutes in the United States in 2017, accounting for some of the total traffic fatalities that year.
The size and power of vehicles make collisions significantly dangerous for pedestrians, who often suffer long-term conditions because of these accidents. If a driver hit you while you attempted to safely cross the street, you may hold them accountable for the injuries they caused. Contact D. Miller & Associates, PLLC today at (713) 850-8600 to discuss your case with us.
Your Rights as a Pedestrian
Texas law details the rules of the road and outlines the safe practices for both pedestrians and drivers, who must both take special precautions while traveling. While pedestrians must yield the right-of-way to vehicles outside of crosswalks, use a sidewalk when possible, and walk along the right side of the road in the absence of a sidewalk. The state requires drivers to know the law regarding pedestrian rights. Drivers must yield to walkers, runners, and others traveling on foot who:
- Cross an intersection when the “Walk” signal illuminates, even if the signal changes before they reach the other side of the road.
- Cross a road at a marked or unmarked crosswalk.
- Enter the roadway at the instruction of police officers, school crossing guards, or escort flaggers directing the flow of traffic.
If you suffered injuries in a collision with a vehicle while abiding by Texas pedestrian laws, a pedestrian accident lawyer serving Midland can help you determine if you have a case.
Types of Pedestrian Accidents
Pedestrian accidents often occur when a driver fails to stop at an intersection, but many other circumstances can contribute to pedestrian injury in Midland. Reuters recently reported an increase in pedestrian accidents due to texting. In addition to accidents that occur at crosswalks, they also take place when:
- Drivers do not abide by posted speed limits and crossing guard instruction in school zones.
- Drivers maneuver parking areas unsafely, particularly in parking garages with limited visibility and lots without supervision.
- Public transportation drivers do not exercise enough caution in operating their vehicles or ensuring the safety of those around them before braking or accelerating.
Even when pedestrians adhere to safety rules and pay close attention to their surroundings, its many areas of heavy traffic and insufficient levels of pedestrian resources make walking around Texas particularly dangerous.
If you or a loved one experienced a pedestrian accident that resulted in injury or fatality, a pedestrian accident lawyer serving Midland at D. Miller & Associates, PLLC™ can help. Contact us at (713) 850-8600 to get started on your potential case.
Causes of Pedestrian Accidents
A driver who holds responsibility for causing a pedestrian accident may face consequences for any type of negligence or unlawful act that led to the collision. Several elements may contribute, but the following factors often cause pedestrian accidents in Texas:
Speeding accounts for many traffic collisions, including pedestrian accidents. This violation also remains entirely preventable. The potential dangers of speeding include:
- Loss of vehicle control
- Inability to stop in time
- Increased accident severity
In our digital world, technology continues to make advances in the way we live, work, and play. While it offers many benefits, it also lends to instances of distracted driving. Despite Texas cell phone ordinances that prohibit sending messages on a mobile phone while operating a vehicle, many drivers become distracted by emails, texts, and calls on the road. The Texas Department of Transportation (TxDOT) reports that distracted driving results in one in five accidents throughout the state.
Drug or Alcohol Use
The NHTSA provides information on the involvement of alcohol in traffic collisions, including those that occur with pedestrians. These accidents involve a driver with a blood alcohol concentration (BAC) of .08 or higher. All 50 states maintain a legal limit of .08 BAC.
Financial Recovery for Your Case
Seeking financial recovery for your injuries or loss can present a challenge, but a pedestrian accident lawyer serving Midland can help you establish liability and pursue your case in court. Depending on the nature of the accident, the severity of your injuries, and the losses you suffered, you may qualify for one or more types of recovery.
Your attorney may help you seek economic recovery to cover measurable losses and non-economic recovery for your mental anguish. These may include payment for:
- Emergency medical care and related healthcare expenses
- Property damage for personal belongings damaged in the accident
- Lost wages or loss of future earnings due to inability to work
- Pain and suffering
If you lost a loved one as the result of an accident, you may also qualify for the recovery of funds for funeral expenses and/or loss of consortium.
D. Miller & Associates, PLLC™ Can Help You With Your Claim
Filing a claim for a pedestrian accident case requires the victim to prove the driver’s responsibility, gather documentation as evidence, and take on insurance companies that often hesitate to pay victims their fair share.
At D. Miller & Associates, PLLC™, we handle pedestrian accident cases, and we can pursue a fair recovery for clients. Contact us today at (713) 850-8600 for your case evaluation.
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