Featured Article
Pedestrian accidents can lead to devastating injuries and complex legal battles. At The Law Office of David M. Kennedy, we understand how critical it is for injured pedestrians to secure compensation for medical bills, lost wages, and pain and suffering. If you or a loved one has been struck by a negligent driver in Texas, knowing your rights and how to establish fault can be crucial to recovering damages.
Pedestrian Rights in Texas and Oklahoma
Under both Texas and Oklahoma law, pedestrians have specific rights and responsibilities when using roads and sidewalks. In general, drivers must yield to pedestrians in crosswalks, and pedestrians must obey traffic signals and avoid suddenly stepping into traffic. However, even if a pedestrian is partially at fault, they may still be eligible for compensation under Texas’s modified comparative negligence rule, as long as they are not more than 50% responsible for the accident. The same rule applies in Oklahoma.
Establishing Driver Negligence
To pursue a personal injury claim, it is necessary to prove that the driver was negligent. In Texas, negligence is established by demonstrating the following elements:
- Duty of Care: The driver had a legal obligation to operate their vehicle safely and follow traffic laws.
- Breach of Duty: The driver acted negligently, such as speeding, failing to yield, driving under the influence, texting, or being distracted for some other reason.
- Causation: The driver’s negligence directly caused the accident and injuries.
- Damages: The pedestrian suffered actual harm, such as medical expenses, lost income, or emotional distress.
Common Causes of Pedestrian Accidents
Pedestrian accidents often occur due to driver inattention or reckless behavior. Common causes include:
- Distracted Driving: Texting, talking on the phone, or using in-car entertainment systems can cause a driver to miss a pedestrian crossing.
- Speeding: Drivers going above the speed limit have less time to react and stop for pedestrians.
- Failure to Yield: Many pedestrian accidents happen when drivers fail to yield at crosswalks or intersections.
- Driving Under the Influence: Alcohol and drugs impair judgment and reaction times, making it more likely for a driver to hit a pedestrian.
Statistics on Pedestrian Accidents
According to the Texas Department of Transportation (TxDOT), pedestrian fatalities have been on the rise in recent years. In 2022, over 5,000 pedestrian-related crashes occurred in Texas, resulting in more than 800 deaths. Nationally, the National Highway Traffic Safety Administration (NHTSA) reports that approximately 17% of all traffic-related fatalities involve pedestrians.
Insurance, Compensation, and Liability
Texas and Oklahoma both follow an at-fault insurance system, meaning that the driver’s insurance is responsible for covering damages if they are found negligent. If you are hit by a negligent driver, you may seek compensation for:
- Medical expenses (emergency care, surgeries, rehabilitation)
- Lost wages and lost earning capacity if you are unable to work due to injuries, whether it be temporary or permanent, complete or partial impairment
- Pain and suffering for physical and emotional distress
- Property damage if personal belongings were destroyed in the accident
If the driver lacks sufficient insurance, pedestrians may also seek compensation through uninsured/underinsured motorist coverage, if they carry this policy on their own auto insurance.
Steps to Take After a Pedestrian Accident
If you are hit by a vehicle, taking the right steps can protect and strengthen your claim:
- Seek Medical Attention Immediately: Even if injuries seem minor, medical records are crucial for your case.
- Call Law Enforcement: A police report will document key details and help establish liability.
- Gather Evidence: Take photos of the accident scene, injuries, and vehicle damage. Get contact information from witnesses.
- Consult a Personal Injury Attorney: A skilled attorney like David M. Kennedy can help navigate the legal complexities and fight for maximum compensation.
Contact The Law Office of David M. Kennedy
Pedestrian accidents can have life-altering consequences, but you don’t have to face the legal process alone. The Law Office of David M. Kennedy has extensive experience representing accident victims across North Texas and Oklahoma. If you or a loved one has been injured in a pedestrian accident, Contact Us for a free consultation. Let us help you secure the justice and compensation you deserve.
