Walking around town should be a safe activity. Yet, far too often, pedestrians in Harris County are struck by vehicles due to driver negligence. If you’ve been injured in a pedestrian accident, you may be facing a significant financial battle to cover medical expenses, lost income, and emotional distress.
At Tracey Fox & Walters, we understand the devastating impact of a pedestrian accident. Our experienced team is dedicated to advocating for your rights and ensuring you receive the compensation you deserve.
Common Scenarios Leading to Pedestrian Accidents in Spring, TX
Car accidents involving pedestrians can happen in the blink of an eye. The severity of a motor vehicle colliding with a pedestrian is often catastrophic, leading to severe injuries, long-term disabilities, and even fatalities. When these accidents occur, they are frequently the result of driver negligence.
Common pedestrian accidents causes include:
- Distracted Driving: Texting, talking on the phone, eating, or simply taking your eyes off the road for even a second can have tragic consequences. Distracted drivers are less likely to see pedestrians, especially those crossing the street or walking along the side of the road.
- Speeding and Reckless Driving: Excessive speed significantly reduces a driver's ability to react and avoid a collision. Reckless driving behaviors, such as aggressive lane changes or running red lights, also increase the risk of pedestrian accidents.
- Failure to Yield: Drivers have a legal and moral obligation to yield the right-of-way to pedestrians at crosswalks, intersections, and in other designated areas. Failure to yield is a common cause of pedestrian accidents.
- Poor Visibility: Adverse weather conditions, such as rain, snow, or fog, can significantly reduce visibility for both drivers and pedestrians.
- Drunk Driving: Driving under the influence of drugs or alcohol can impair a driver’s judgment, reaction time, and coordination. This combination significantly increases the risk of a pedestrian accident.
Rights of Pedestrians Under Texas Law
Motorists in Texas have an obligation to share the road and yield the right-of-way to pedestrians in designated areas. Texas prioritizes the safety of pedestrians and has created several laws to keep them safe.
Key protections include:
- Marked Crosswalks: Motorists must yield to pedestrians in marked crosswalks unless the pedestrian signal indicates "Don't Walk."
- Unmarked Crosswalks: Pedestrians have the right-of-way at unmarked crosswalks, which exist at any intersection without marked crossings.
- Crosswalks at Driveways: Motorists must yield to pedestrians crossing driveways, private roads, buildings, or alleys.
- Crossing Traffic Lanes: Motorists must stop and allow pedestrians to finish crossing if the pedestrian is approaching from the opposite side of the roadway.
Pedestrians also have the responsibility of adhering to traffic laws, as well. Obeying traffic signals, only crossing in designated areas, and staying vigilant while walking could help prevent a pedestrian accident.
Why Hire a Lawyer for a Pedestrian Accident Claim
If you’ve been injured in a pedestrian accident, the legal process can be daunting, especially while you’re focused on recovering. Hiring an experienced lawyer can make all the difference in securing the compensation you deserve. At Tracey Fox & Walters, we are dedicated to providing the comprehensive support and experienced advocacy you need during this difficult time.
Damages You May Recover in a Pedestrian Accident Case
Confusion often arises regarding right-of-way, particularly at unmarked crosswalks. However, motorists are ultimately responsible for knowing and obeying traffic laws. When a driver's negligence results in a pedestrian accident, they must be held accountable for their actions.
When a pedestrian is injured due to a driver’s negligence, the victim may be entitled to recover significant compensation for the physical, emotional, and financial toll of the accident. Pedestrian accidents can result in devastating injuries, and victims often face challenges in rebuilding their lives.
Speak with Tracey Fox & Walters for Assistance
Negligent drivers who fail to yield, speed, or violate traffic laws impose devastating consequences on pedestrians. Holding these motorists accountable isn’t just about financial recovery; it’s about seeking justice and standing up for your rights as a victim. Compensation serves to alleviate your hardships while also encouraging better behavior on the road to prevent similar accidents in the future.
At Tracey Fox & Walters, we know navigating the claims process on your own can be overwhelming, especially when faced with uncooperative insurance companies. A skilled personal injury attorney can fight for the maximum compensation you’re entitled to by helping you gather evidence, monitor deadlines, and construct a well-supported case.
If you’ve been injured in a pedestrian accident, it’s crucial to understand your rights and the damages you may claim. By pursuing compensation, you can begin to put your life back together and ensure that the at-fault party is held accountable for their actions. Contact us today to get started.
Pedestrian Accident FAQs
What should I do immediately after a pedestrian accident?
If you’re involved in a pedestrian accident, your first priority is your safety and well-being. Take the following steps:
- Seek medical attention, even if your injuries seem minor.
- Call the police to file an official accident report.
- Gather evidence at the scene, including photos of your injuries, the vehicle involved, and the surroundings.
- Obtain contact information from the driver and any witnesses.
- Avoid discussing fault or making statements to insurance companies without consulting an attorney.
How is fault determined in a pedestrian accident?
Fault is usually determined by examining whether the driver or pedestrian was negligent. Evidence such as police reports, witness statements, traffic camera footage, and expert analysis can help establish who was at fault. Drivers are often held responsible when they fail to yield, speed, or violate traffic laws. However, if a pedestrian also acted negligently (e.g., jaywalking), comparative fault laws may apply.
What types of compensation can I recover from a pedestrian accident claim?
Victims of pedestrian accidents may be eligible for several types of compensation, including medical expenses, lost wages, pain and suffering, property damages, and loss of enjoyment of life.
How long does the claims process take?
The timeline for resolving a pedestrian accident claim varies depending on factors like the severity of injuries, the complexity of the case, and the willingness of insurance companies to negotiate a fair settlement. While some claims may settle in a few months, others could take longer, especially if litigation becomes necessary. A skilled attorney can help streamline the process and advocate for a timely resolution.
Why should I hire a lawyer for my pedestrian accident claim?
Hiring an experienced lawyer can significantly improve the outcome of your pedestrian accident claim. A lawyer can ensure your rights are protected and relieve you of the stress of navigating the legal process on your own.
When should I contact an attorney after a pedestrian accident?
It’s best to contact a personal injury attorney as soon as possible after your accident. Early legal guidance can help preserve critical evidence, meet important deadlines, and ensure your claim is filed correctly. Prompt action increases your chances of achieving a favorable outcome.
If you’ve been involved in a pedestrian accident, don’t face the claims process alone. Reach out to Tracey Fox & Walters to protect your rights and pursue the compensation you deserve.
