Personal injury law encompasses several areas involving traffic and roadway accidents. This includes pedestrian accidents. As of late, texting while driving has been one of the most staunch campaigns when it comes to traffic accidents. The “It Can Wait” campaign, a national campaign that encourages drivers to abstain from texting while driving launched September 19, 2013. What does this campaign have to do with pedestrian accidents you ask? Well, texting is one of the leading causes of roadway accidents involving pedestrians. This act links back to an inattentive driving violation as noted in the Texas Transportation Code. However, it is a single cause among a myriad of others.
Often times, when investigating these accidents, the question of fault enters the mix. For just as drivers are responsible to be on the lookout for pedestrians, pedestrians are equally responsible to be aware of oncoming traffic and suspicious driving. It becomes a question of who violated the law. The answer to this question is the basis of personal injury law cases.
Who’s To Blame in a Pedestrian Accident?
Texas is a comparative-fault state. This principle still applies to accidents involving pedestrians. Depending on the circumstances surrounding the accident, a pedestrian may still be held partially to wholly responsible for the injuries they sustained. Fault is the first piece of the puzzle in personal injury law.
In order for a pedestrian to have a case against a driver, they have to be less than 50% responsible for the accident. If you can prove that fact under the law, then your case has legal merit. From this point on, you have to supply a burden of proof. The first step in finding that proof is to revisit the location where the accident occurred.
There are consistencies and personal injury law cases. One of those consistencies is that the majority of pedestrian-related roadway accidents happen near destinations within walking distance of homes or schools. The list includes:
- Parks
- Playgrounds
- Schools and school zones
- Driveways
- Crosswalks
- Residential streets
There are specific guidelines a pedestrian must follow when entering high-traffic areas. These guidelines are used to ensure their safety.
How Can I Prove Negligence In a Pedestrian Accident?
In personal injury law, it’s not enough to prove that a driver was reckless; you have to prove that the recklessness came from negligence.
There are cases where pedestrian injuries and fatalities resulted not from a violation, but as collateral damage brought on by another driver. Once again, this is why fault in the intentions behind at fault are very important to establish in personal injury law cases.
Texas law is very clear about the regulations pedestrians have a responsibility to follow. They are held to following the directions of traffic signals and law enforcement at all:
- Intersections
- Crosswalks
- Sidewalks
- Directives outside of public buildings like parks and schools
It is the responsibility of the pedestrian to demonstrate reasonable awareness of their surroundings as well. Pedestrians must pay attention to the signals provided by crosswalks and signs, for example. If a pedestrian does not have the right of way and is struck by a vehicle, the pedestrian may not necessarily get compensation. On the other side of the spectrum, if a driver disregards a traffic light with a crosswalk and hits a pedestrian who did have the right of way, the pedestrian may be entitled to compensation. A driver’s path may be hindered by debris, for example, causing the driver to swerve and hit a pedestrian. In that case, who’s to blame? There are many intricacies and delicate factors involving pedestrian accident cases. That’s why expert counsel from a personal injury attorney is highly recommended.
Given the amount of gray area associated with personal injury law, you can probably see why you will need expert representation to prove your pedestrian accident case. It is true older adults and the elderly are more prone to pedestrian accidents, but children playing in a neighborhood, an adult taking a casual stroll or a teenager walking to school can also be victims of pedestrian accidents. The personal injury lawyers Stockard, Johnston, Brown, Netardus & Doyle, P.C. in Amarillo, Texas have years of experience clarifying and proving pedestrian personal injury cases. Whether you are on the driving or pedestrian end of an accident, contact this Amarillo law firm for a consultation today and let these qualified attorneys help you get the compensation you deserve.