A large number of people around Texas get where they need to go as a pedestrian. A pedestrian is someone who travels on foot to get from one location to another. As stricter guidelines and increased patrols have worked to decrease the number of motor vehicle accidents, the number of accidents involving pedestrians has increased.
As a pedestrian, you are not protected so the injuries suffered can be much more serious and even life-altering. If you have been hit as a pedestrian in Texas, you might be able to file a personal injury claim against the driver of the vehicle to recoup compensation for the damages that you suffered as a result of the crash. You should consult with a personal injury attorney regarding your claim for damages.
Texas Pedestrian Laws
Pedestrian safety in Texas is enforced by state legislation which applies to the way pedestrians behave near and on public highways and to vehicle drivers who may at some point interact with pedestrians who may be crossing in front of them.
Most Texas pedestrian laws may appear to be commonsense laws, but infringements may lead to significant fines and other penalties, such as community service.
Texas laws that apply to pedestrians themselves include the following:
- must use a sidewalk if one is available;
- must use the left shoulder of a highway or the side of the highway facing oncoming traffic;
- must use a crosswalk if one is available to cross a road;
- must obey directions of traffic controllers when crossing roads;
- must not start to cross a road at a controlled crosswalk if the sign opposite says ‘Don’t Walk’ or ‘Wait’;
- must only start to cross a road at a crosswalk if the sign says ‘Walk’;
- must proceed to the nearest sidewalk or safety island if when crossing at a crosswalk the opposite sign switches to ‘Wait’ or ‘Don’t Walk’;
- must yield the right of way to a driver if crossing a highway where there is no crosswalk provided.
Texas laws that apply to drivers when encountering pedestrians include:
- must stop for any pedestrian on a controlled crosswalk when the pedestrian has the right of way, i.e. when the sign shows ‘Walk’;
- must stop for any pedestrian on an uncontrolled crosswalk when the pedestrian is on the driver’s half of the road or about to shortly enter that half of the road;
- if emerging from a driveway, alley, private road or building must stop and yield the right of way to a pedestrian approaching on a sidewalk;
- give warning using the horn if necessary;
- observe caution in the near presence of children or visibly disabled or confused pedestrians.
How Negligence Impacts Being Hit As A Pedestrian in Texas
The old saying the "pedestrian always has right-of-way" is not true, and the pedestrian has duties and responsibilities according to the law when crossing the street or walking in or near traffic. A pedestrian must adhere to traffic ordinances and traffic signals. When possible, the pedestrian should keep to the right when using a crosswalk. When they are available, sidewalks should be used.
Often, the driver of the vehicle is negligent and contributes to the accident or is altogether responsible for it. A driver might be distracted, speeding, or violating traffic laws. If you are 51% or less to blame for the accident, you can proceed with a claim against the driver because Texas is a modified comparative negligence state. Get statements from any eyewitnesses and keep a copy of the accident report.
Damages That Might Be Suffered When Hit As A Pedestrian in Texas
Being hit as a pedestrian can lead to very serious injuries. You will have mounting medical bills. You might require ongoing medical care so you will have future medical expenses as well. While you recover, you will be unable to work. Document any lost wages. Consider the future loss of income. Injuries cause pain and suffering.
You might suffer long-term disabilities, scars, or disfigurement. All of these are damages that can result from being struck by a vehicle when on foot. Keep medical records, bills for medical treatment, proof of lost wages, and statements from any witnesses. Take photos of the accident scene and of any visible injuries that you might suffer.
Consult With A Personal Injury Attorney
If you have been hit as a pedestrian in Texas, you should consult with a personal injury attorney who has experience handling such cases. With the help of an accident lawyer, you can significantly improve your odds of a successful personal injury claim against the driver of the vehicle.
Your attorney will investigate the cause of the crash, determine what damages were suffered, and calculate a fair dollar value for your compensation for the accident. You will not have any upfront expenses, so schedule a free case evaluation with a Texas personal injury lawyer today.
