What Causes Pedestrian Accidents?
As with any serious car wreck, pedestrian accidents can have a variety of causes. Those causes are often used to determine the at-fault party of the accident and apportion blame between all people involved in the wreck. The ability of a pedestrian to receive significant compensation can be reduced depending on the cause of the wreck as well, which can include factors like distracted driving, the failure of motorists or pedestrians to abide by traffic regulations, equipment malfunctions, and more.
If you are in a pedestrian accident, you may be able to pursue compensation from the other party in your case. The attorneys at our firm have worked with many people who were injured in pedestrian accidents. We know how to protect your rights and advance your interests. Pedestrian accidents can involve serious injuries that require significant compensation, such as the following.
- Traumatic Brain Injuries (TBIs)
- Lost limbs
- Spinal cord injuries
Get in touch with our experienced pedestrian accident attorneys to learn more about how you and your family can get justice.
Typical Causes of Pedestrian Accidents
There are common causes of these incidents that can determine who is responsible for the injuries sustained. By gathering evidence at the scene of the accident, including a police crash report, eyewitness testimony, traffic camera or surveillance camera footage, and more, a skilled attorney can help build a strong case for your compensation.
In some situations, the pedestrian may be at fault for causing a collision with a vehicle. Usually, this occurs when the pedestrian fails to abide by regulations. For example, crossing a street outside of a crosswalk (also known as jaywalking) can be a cause for pedestrian accidents. Others include walking on the roadway or in areas in which pedestrians are prohibited.
One of the most common ways that pedestrian accidents occur is because the driver of the vehicle was distracted. The National Highway Traffic Safety Administration (NHTSA) lists distracted driving as a serious problem. Whether the driver is eating food, texting on their cell phone, dealing with a GPS system, talking to friends, or even adjusting the radio, their attention can be taken away from the important task of adapting to changing road conditions. In some cases, the NHTSA says that distractions can take a driver’s attention from the road for as long as a football field’s length.
Another common cause of pedestrian accidents is driving while intoxicated. A driver who is under the influence of drugs or alcohol may have severely impaired reaction speeds, leading to devastating accidents at high speeds. Often, pedestrians involved in these car wrecks can experience injuries that alter the course of their lives, including paralysis, severe disfigurement, and even death. Since courts view drunk driving as a particularly egregious act, people injured by drunk or impaired drivers may be able to recover additional compensation called punitive or exemplary damages. These are meant to punish the offending driver for their severe negligence and deter them from committing similar acts in the future.
Poor Road Conditions
In a few cases, a pedestrian accident can be the fault of the entity responsible for maintaining safe roadways. Improperly marked crosswalks, an absence of proper signage, and other conditions may be factors that cause a pedestrian accident or aggravate the damages suffered in a pedestrian accident. In these cases, it may be possible for a skilled pedestrian accident attorney like those at our firm to sue the government or entity responsible for that roadway. If that is the case in your situation, it is greatly advisable for you to seek help from professional lawyers, as additional requirements are necessary in cases involving the government.
Important Information for Pedestrian Accident Claims
If you are injured in a pedestrian accident, there are several procedural rules and regulations that you should familiarize yourself with. Of course, the knowledgeable attorneys at our firm are available to help you with your claim and keep you up to date on all requirements at every step of the way.
A pedestrian accident claim is a form of personal injury claim, which has a specific deadline by which the paperwork must be filed. Throughout Texas, this statute of limitations is set at two years from the date of your accident, according to Texas Civil Practice and Remedies Code §16.003. Failing to file your claim by that date will result in you losing your ability to recover any compensation at all, so it is crucial to ensure that all paperwork is filed on time.
Fault and Compensation
Another important factor to keep in mind, and a reason that it is so important to determine the cause of your pedestrian accident, is that fault in a personal injury claim directly affects the amount of compensation awarded to the injured person. In court, a percentage of blame will be attributed, based on the presented evidence and arguments, to each party. Texas uses a system called proportionate responsibility, or modified comparative fault, to adjust compensation in accordance with the amount of fault attributed to each party.
For example, let’s say you suffer $200,000 in damages in your pedestrian accident, and the court finds you to be 25% responsible. In that case, your compensation will also be reduced by 25% to a grand total of $150,000. That is a significant reduction, and it underscores how important it is to have a skilled attorney on your side to ensure the best possible compensation package.
Speak to an Attorney for FREE
our firm offers a FREE consultation to our clients, and we work on a contingency basis as well. That means you pay nothing up front to speak to our attorneys, and we do not collect a fee at all unless and until we win you the compensation you deserve.
To schedule your appointment today, call us at 469-998-4069 or fill out the form on our contact page.