Pedestrian Accident Attorneys of Houston, Texas
Have you been the victim of a pedestrian traffic accident? Don't hesitate to contact Neal Davis for help getting the compensation you deserve. If we don't win, you don't pay. That's our No Fee Guarantee.
Although pedestrians usually have the right of way while walking by or across the street, pedestrian accidents are a real possibility. This danger is especially prevalent in a bustling city like Houston where vehicles and other hazards can endanger a pedestrian before they are able to react.
Injuries associated with pedestrian accidents can include anything from minor bruises and abrasions to broken bones, fractures, and even serious organ damage or death.
Filing a claim of compensation for these injuries can help victims receive monetary aid for medical bills, lost wages, and general pain and suffering associated with the injury.
Don't leave your compensation up to chance.
Let Neal Davis fight for your compensation.
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The Statistics on Pedestrian Injury & Wrongful Death
According to the National Highway Traffic Safety Administration (NHTSA), in 2013, 4,735 pedestrians were killed across the United States from cars and an additional 150,000 individuals were hospitalized for the injuries they received in pedestrian accidents. Of Texas' total traffic accidents, pedestrian fatalities make up around 12.3%.
Locally, Houston has consistently proved to be a particularly dangerous metro area for pedestrians. Houston was recently ranked as the ninth most dangerous city for pedestrians, with 1.7 deaths per every 100,000 residents.
What is a Pedestrian?
A "pedestrian" is described as any person on foot (whether walking, jogging, running or otherwise) either on a road or within a developed area. When one of these people is hit by a car, truck, motorcycle or other motor vehicle, it is referred to as a pedestrian accident.
The demographics most at risk for pedestrian accident are the elderly and young children. According to the NHTSA, one in every 5 children (under the age of 14) killed in traffic accidents were pedestrians. In addition, seniors 65 and over made up 19% of all pedestrian deaths in 2013.
How Pedestrian Accidents Happen
Pedestrian accidents can be particularly devastating. Pedestrians lack any protection from oncoming vehicles or other hazards. If a pedestrian is failing to use crosswalks or isn't paying attention, they may be held partly liable for their injuries should an accident occur. However, the majority of pedestrian accidents can be attributed to a negligent driver. Most negligent drivers at the time of a pedestrian accident are guilty of:
- Failing to give proper right of way to pedestrians
- Driving distracted (texting, eating, tuning the radio, etc.)
- Speeding or ignoring traffic signals and rules
- Driving under the influence of drugs or alcohol
Texas "Right of Way" Law
In the majority of situations, pedestrians do have the right of way while walking along the street or sidewalk. According to Texas law, situations where the right of way should be yielded to pedestrians include:
- When a pedestrian is walking on the sidewalk
- Children getting on and off a schoolbus
- Whenever a pedestrian is crossing a street by using the crosswalk properly
However, if a pedestrian is jaywalking, doesn't give vehicles the proper amount of time needed to yield, or is otherwise negligently disobeying pedestrian traffic laws, he or she could easily be held partly liable for the accident.
Proving Fault in a Houston Pedestrian Traffic Crash
Texas is what is called a "modified comparative fault state." What this means is that the amount of compensation a pedestrian receives directly correlates with how much responsibility the pedestrian has for the accident. The more a pedestrian is responsible, the less compensation they may receive once the case is settled. Texas holds a 51% rule for these types of accidents. This means that if a pedestrian is held responsible for more than half of the damages, he or she forfeits the right to compensation.
Whether you were involved in an accident as a pedestrian or a driver, you should seek out an expert pedestrian accident attorney to discuss your legal rights in this situation.
If you've been involved in a pedestrian accident in Houston, personal injury attorney Neal Davis is fully prepared to take on your case and help you receive compensation for your injuries. Contact us today to get started. Our consultation is free.