Pedestrian Accident Lawyers in Pearland Assisting Clients Injured in a Pedestrian Accident Caused by Someone Else

According to the Texas Department of Transportation, there were 5,366 crashes involving pedestrians in the state in 2021. It is estimated that 1,470 people were seriously injured, and 841 others died after a pedestrian accident. This means one out of every five traffic-related fatalities is a pedestrian accident. Learn the facts about pedestrian accidents in Texas and see why working with an attorney is the right choice when you are seeking compensation for your injuries.

Are There Laws Protecting Pedestrians in Texas?

In Texas, there are specific laws designed to protect both pedestrians and drivers and reduce the number of accidents. For example, pedestrians are supposed to use crosswalks whenever they are available, and drivers should yield to pedestrians on a crosswalk even when the crosswalk is unmarked, and blocking crosswalks is not permitted. A pedestrian has the right-of-way while on a crosswalk as well as when walking past a driveway or alley.

If a vehicle has stopped for a pedestrian, other drivers are not allowed to pass that vehicle until the pedestrian has completed the crossing. However, pedestrians must yield to vehicles when crossing the street away from a crosswalk. Crossing the street diagonally or between two traffic lights where a mid-block crosswalk is not marked is prohibited. Certain high-speed roadways and highways are also off-limits to pedestrians. Sidewalks must be used whenever available. If no sidewalk is available, pedestrians must walk as far to the left as possible and in the direction facing traffic.

Who Is Financially Responsible for Damages Resulting From a Pedestrian Accident?

If you were hurt in a pedestrian accident, determining who is mostly at fault for causing the accident is key, as that person would likely be responsible for covering your damages as well. In many pedestrian accidents, the driver of a motor vehicle who strikes a pedestrian is typically at fault – when, for example, the driver decides to pass a vehicle that was stopped for a pedestrian and ends up striking that pedestrian at a crosswalk. This situation would likely require the pedestrian to file a claim through the driver’s auto insurance.

In other cases, both the driver and the pedestrian may share responsibility for the accident. Suppose the pedestrian was making an illegal crossing mid-block between two traffic lights when they were struck by a vehicle. The driver of the vehicle was distracted and looking at his phone and did not try to avoid the collision. In this case, both parties may be at fault, and the amount of compensation the pedestrian may be entitled to receive depends on the percentage of responsibility assigned to them.

How Much Time Can You Wait Before Filing a Pedestrian Accident Claim?

A pedestrian accident is considered a category of personal injury. Because of that, the Texas statute of limitations is applicable. A statute of limitations is a legal deadline to initiate your claim. In Texas, the statute of limitations says you have two years to take action, counting from the date of the accident. If you wait too long and allow the statute of limitations to expire, your pedestrian accident claim may be barred. It is best to take action and reach out to a pedestrian accident attorney right away.

Why Should You Work With a Pedestrian Accident Lawyer?

In a collision between a car and a pedestrian, the pedestrian is certain to be the most affected party. Injuries can occur as a result of the primary collision against the vehicle, and more injuries can occur if the pedestrian ends up being thrown against the pavement or a hard obstacle due to the force of the impact.

If you are fortunate to survive your injuries, you may quickly discover that getting compensated for your damages is not as simple as it should be. At the Kahn Law Firm, P.C., clients in Pearland and all over Texas can get the help they need to recover compensation after a pedestrian accident. Contact us at 713-999-6549 to see how we can assist you.