Pedestrian accidents can be devastating, leading to severe injuries or even fatalities. Understanding the factors that contribute to these accidents, your legal rights and the steps to take afterward can make a significant difference in protecting yourself and securing fair compensation.
Below, we address some of the most common and important questions pedestrians face when involved in an accident with a vehicle.
1. What Are the Most Common Causes of Pedestrian Accidents?
Pedestrian accidents are frequently caused by driver negligence. Distracted driving, where a driver is focused on their phone, navigation or something else, can prevent them from noticing pedestrians crossing the street. This lack of attention often results in tragic consequences, especially in high-traffic areas.
Another common cause is speeding. Vehicles moving at high speeds have less time to react to unexpected obstacles, like a pedestrian crossing the road. The faster the car, the more severe the impact. Speeding in pedestrian-heavy areas, such as school zones or residential streets, drastically increases the likelihood of an accident and the severity of injuries.
Failure to yield at crosswalks is another major issue. Pedestrians have the legal right of way in designated crosswalks, but many drivers either ignore or fail to see pedestrians, causing dangerous collisions.
2. What Should You Do Immediately After a Pedestrian Accident?
If you’re involved in a pedestrian accident, your top priority should be ensuring your safety and seeking medical help. Call 911, even if you don’t feel seriously injured, as some injuries, like concussions or internal damage, might not present symptoms right away.
It’s also crucial to preserve evidence. If you’re able, take photos of the accident scene, the vehicle involved and your injuries. Gather witness contact information and take note of any traffic cameras or nearby businesses that might have captured footage of the incident. All this information will be valuable if you decide to pursue an insurance claim or legal action.
3. How is Liability Determined in a Pedestrian Accident?
Liability in pedestrian accidents is often determined by reviewing evidence from the accident scene, including police reports, witness statements and any available video footage. Both law enforcement and insurance companies will assess whether the driver was speeding, distracted or failed to yield, as well as whether the pedestrian followed traffic laws, such as using a crosswalk.
Pedestrian fault can impact liability as well. In cases where the pedestrian was not following traffic rules—such as crossing outside a designated crosswalk or against a signal—the pedestrian might be considered partially at fault. However, this doesn’t necessarily bar them from receiving compensation, as liability is often shared in such situations.
4. Why Should Pedestrians Involved in an Accident Seek Legal Representation?
Pedestrians who have been injured in an accident often face a complex legal and insurance landscape. Insurance companies might try to minimize payouts or shift blame onto the pedestrian. This is why seeking legal representation is essential.
At Westbrook Law, we can help by negotiating with insurance companies and ensuring that the injured pedestrian receives fair compensation for medical bills, lost wages and pain and suffering. Without legal guidance, pedestrians are at risk of having their claims denied or undervalued, leaving them without the financial resources needed to recover.
5. Can a Pedestrian Be Partially at Fault for an Accident?
Yes, a pedestrian can be partially at fault for an accident. This typically occurs when the pedestrian is found to have violated traffic laws, such as jaywalking, crossing outside a crosswalk or crossing against a traffic signal. Under Texas’ modified comparative negligence system, the amount of compensation a pedestrian can recover is reduced by the percentage of fault. However, if they are found to be 51% or more at fault, they cannot recover damages.
For example, if a pedestrian is found to be 20% at fault for an accident, their compensation may be reduced by 20%. Even in such cases, injured pedestrians can still receive compensation, though the amount may be adjusted.
6. How Important is Seeking Medical Attention After a Pedestrian Accident?
Seeking immediate medical attention after a pedestrian accident is crucial, even if you believe your injuries are minor. Some injuries, like concussions, internal bleeding or soft tissue damage, may not present symptoms until hours or days later. Delaying medical care could worsen your condition and weaken your injury claim.
Additionally, seeking prompt medical attention provides a formal record of your injuries, which can be essential evidence if you need to file a claim or lawsuit. Insurance companies may try to argue that your injuries are unrelated to the accident if there is no clear medical documentation from the immediate aftermath of the incident.
We are here to help
Pedestrian accidents can be life-changing events and understanding your legal rights is essential for ensuring your safety and obtaining fair compensation. By knowing the common causes of these accidents, how liability is determined and why medical attention and legal representation are so important, pedestrians can better navigate the complexities of these situations.
If you or someone you know has been involved in a pedestrian accident, don’t hesitate to take action—preserve evidence, seek medical care and contact Westbrook Law for a consultation.
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