Texas is famous for a lot of great things like BBQ, two-stepping, and gorgeous sunsets. Unfortunately, the state is also becoming infamous for its high number of accidents involving pedestrians.
The Lonestar State isn’t exactly pedestrian-friendly, which is highlighted by 825 pedestrian fatalities in Texas in 2021. This doesn’t mean giving up your neighborhood strolls or walks to work.
Thankfully, following some common sense tips can help you stay safe. If an accident does occur, a personal injury attorney can help you recover compensation for your damages.
Most Common Causes of Pedestrian Accidents
When you think of a pedestrian, someone strolling around on foot typically comes to mind. However, the term pedestrian is rather broad.
Joggers, runners, cyclists, roller skaters, skateboarders, and people on Segway are all considered pedestrians. Yes, Texas still has Segway riders even though the two-wheelers are losing some of their popularity.
Even though pedestrian accidents can happen anywhere, downtown areas and neighborhoods typically see a majority of these incidents. Some of the common causes of pedestrian accidents are:
- Failing to come to a complete stop at an intersection
- Reckless and aggressive driving
- Speeding, especially in heavily populated areas
- Driving under the influence of drugs and/or alcohol
- Passing a stopped school bus
Pedestrians can also be the primary cause of an accident. Not all pedestrians pay attention to their surroundings when they’re out and about. Some pedestrians presume all drivers will follow Texas’s traffic laws. For example, giving pedestrians the right of way in an intersection.
Tips on Staying Safe as a Pedestrian
Yes, Texas isn’t one of the best states in the country when it comes to pedestrian safety. However, this doesn’t mean you’re going to be involved in an accident every time you decide to go for a walk or bike ride. Go ahead and hop on your Segway or take that afternoon stroll through the neighborhood. There are some ways you can minimize your risk of being in an accident:
- Wear light or reflective clothing when out at night. When the sun sets, it’s a great time to go for a walk or bike ride. The temperature is comfortable and you may even be able to feel a slight breeze off of the water. Don’t forget, drivers are also out at night and may have trouble seeing you. Wearing light-colored or reflective clothing can help make you more visible. Another good idea is to carry a light. The goal is to make yourself as visible as possible. During the day, wear bright colors so you stand out. Sometimes, the best way to catch a motorist’s attention is by wearing bright colors like hot pink and neon green.
- Never take the right of way for granted. Yes, pedestrians have the right of way in crosswalks. Most drivers are also aware of this traffic law but they’re not always paying attention. Don’t wander out into the crosswalk or an intersection without checking in all directions for oncoming traffic. If there’s a car waiting to go, try to make eye contact with the driver. This is a great way to help ensure they know you’re getting ready to cross in front of their vehicle.
- Don’t dart out between vehicles. Sometimes, the crosswalk is further away from where you want to cross the street. You may think there’s no harm in crossing between passing vehicles. After all, you can always pick up your pace if a vehicle is approaching at a fast rate of speed. This is never a good idea. You may not be able to see all incoming vehicles, and drivers may not be able to stop in time to avoid hitting you. Taking a few extra steps to the crosswalk is an effective way to prevent becoming an accident statistic. At the crosswalk, always follow the traffic light signal. This means yielding on yellow and waiting for the light to turn green.
Often, the best way of avoiding an accident is to take your time, use common sense, and obey all traffic laws.
Steps to Take If You’re Involved in a Pedestrian Accident
Unfortunately, pedestrian accidents typically result in serious injuries. Some injuries can even be life-threatening. Under Texas law, if you’re injured in a pedestrian accident you may be able to file a personal injury lawsuit. However, Texas is also a comparative negligence state and this can affect your injury claim.
Comparative negligence basically means you may be able to receive compensation even if you’re partially responsible for the accident. As long as you’re not found to be more than 50% to blame, you can file a personal injury claim. You’ll also need to prove your injuries are severe. In other words, if your injuries only consist of skinned knees and elbows, you’re probably not eligible for compensation.
If you plan on going ahead with a personal injury claim there are a few steps you can take to help support your case:
- Contact the authorities and report the accident. You’ll need a copy of the accident report to support your injury claim. If you don’t report the accident, the insurance provider can say your injuries occurred elsewhere and the accident didn’t happen. Unfortunately, your word isn’t going to be enough to support your accident claim.
- Seek immediate medical attention. You’ll need your medical records to support your injury claim. The insurance provider will require documentation in the form of medical records. Don’t throw any receipts away, even ones for prescribed medications. You never know what your insurance provider may ask you to submit.
- Document the accident scene if possible. Okay, don’t go overboard and start wrapping crime scene tape around the accident scene. Instead, document your injuries, take some pictures of the area with your smartphone, and get contact information from any witnesses.
- Go ahead and contact your insurance provider. This will help get the ball rolling on your injury claim. However, don’t accept a settlement offer until you consult with an accident attorney.
You May Be Eligible for Compensation for Your Pedestrian Accident
No matter how hard we try to be safe and do our best to avoid them, accidents are an inevitable part of being on the road for many people out there. If you’re injured in a pedestrian accident, contact a Texas personal injury attorney. You may be eligible for compensation to help cover your damages.
