Texas continuously ranks as one of the most dangerous states for pedestrians in the United States. Many individuals' daily commute, particularly in larger cities, is on foot and requires them to encounter life-threatening situations to access work, shopping, and social outlets.
The ability to travel safely as a pedestrian in Texas is important to us. Pedestrian accidents can be devastating and often fatal, because the human body was not made to withstand the injuries that can be caused by the impact of an automobile impact. Farah Law is concerned about pedestrian safety and provides free consultations in English and Spanish where we can listen to you and then explain how we can help you recover the compensation you deserve after a pedestrian accident.
Pedestrian Accidents in Texas
Looking at statistics of Texas pedestrian accidents might make you pause to look both ways before you set off on foot. Texas has a Texas-sized problem with pedestrian accidents. What can we learn from recent statistics?
- Texas ranks thirteenth in the country for its number of pedestrian fatalities when factoring in its population size.
- Overwhelmingly, Harris County is the most dangerous county in Texas for pedestrian fatalities, with the latest annual statistics documenting 136 deaths.
- National data showed 687 pedestrian deaths in Texas, but the Texas Department of Transportation (TxDOT) found 826 in the same year, indicating discrepancies.
- In Houston, 32 percent of the most recent annual traffic fatalities were pedestrians. Only two percent of people walk as a means of commuting to work, putting a spotlight on the inequality in safety for pedestrians.
- In the same statistical year, 209 El Paso pedestrian accidents occurred. Thirteen pedestrians were fatally injured, and 33 were incapacitated by their injuries.
- Economically disadvantaged Texans are most often the victims of pedestrian accidents.
Common Causes of Pedestrian Accidents in Texas
Both driver and pedestrian actions contribute to auto pedestrian accidents. What are some of the most common causes of pedestrian accidents in Texas?
- Failure to yield the right-of-way
- Driver inattention or distracted driving
- Driving while impaired or under the influence
- Ignoring traffic signals
In addition to driver and pedestrian actions that can cause car accidents, communities and municipalities should become more aware of high pedestrian traffic areas. Implementing plans to make transportation for all commuters better can keep pedestrians safer, such as:
- Accommodating sidewalks are needed for multi-commuter use, providing space for wheelchairs, bicyclists, and pedestrians. Street crossings should incorporate signs, signals, and crosswalks.
- Pedestrian pathways ending abruptly increase the incidence of accidents. Providing continuous traveling networks to businesses, healthcare facilities, schools, and transit locations gives pedestrians safe access to critical destinations.
- Pedestrians require adequate time to cross busy highways and intersections.
- Visibility on pedestrian corridors is essential to prevent walking into traffic.
Complicating Factors for Texas Pedestrian Accident Victims
Drivers are required to act with caution to prevent pedestrian accidents. But drivers are not always to blame. To receive compensation for your pedestrian accident injuries, you must prove that the driver who caused the crash was negligent.
It is also possible that both the pedestrian and the driver are to blame for the accident. Texas uses a modified comparative fault law, meaning that fault percentages are assigned in an accident. If the court determines that you are more than 50 percent at fault, you cannot obtain compensation for your injuries.
An experienced Texas pedestrian accident attorney will know how to collect the evidence necessary to prove responsibility for a pedestrian's injuries. Proving the elements of negligence is required to receive compensation for your injuries. It will be up to the pedestrian to demonstrate the following details:
- Duty of care: This requires the driver to act in a particular way. For example, a driver should not be programming their GPS while moving, risking the potential for a wreck.
- Breach of duty: The driver's actions, such as programming a GPS while in motion, led to the accident.
- Causation: The accident would most likely not have happened if the driver had not acted a certain way. Here, we use programming a GPS while driving as an example.
- Damages: There must be proof that you experienced hardships or injuries due to the actions of the at fault party. The pedestrian can produce evidence, such as medical bills, that resulted from the accident.
The Driver is Not Always at Fault in a Pedestrian Accident in Texas
It seems that fault would be assigned to the driver in in an auto pedestrian accident. But in addition to the potential fault of the pedestrian, there may be other at fault parties that are not initially so obvious. Determining responsibility for an accident can be discouraging when the answers are unclear and require additional evidence gathering.
A pedestrian may be injured by a driver who is on duty at work. An employer's negligence in properly maintaining vehicles, setting realistic state law-guided expectations, and hiring safe drivers may cause the accident. Proving that an employer is negligent is challenging but possible.
A Government Body
City, county, and state government entities are responsible for designing and maintaining safe roadways. When roads are damaged or intersection designs contribute to car accidents, a government entity can potentially also be held liable.
Most Common Pedestrian Accident Injuries
Pedestrians lack any protection from injuries caused by an automobile. Very often, the consequences are life-altering or deadly. Treatment for these injuries can be ongoing which can exacerbate financial hardship.
If you are involved in a pedestrian accident, always seek medical attention at the incident scene to document any instant or delayed injuries. Some of the most common pedestrian accident injuries we see in our law practice include:
- Spinal cord injuries, including paralysis
- Brain injuries, including traumatic brain injuries
- Arm and leg amputation
- Broken bones
Commitment to Texas Pedestrian Accident Victims
Exceptional representation for pedestrian accident victims is the objective of Farah Law. We believe in our ability to pursue compensation for you effectively. We provide free consultations in English and Spanish. We only get paid if and when we secure compensation for your injuries. You owe us nothing out of pocket. We are committed to your right to receive compensation and can provide trusted guidance today, so contact us.