Pedestrians are the most vulnerable road users in Texas. This means they are prone to serious and catastrophic injuries in motor vehicle collisions because they do not have safety equipment protecting them. All vehicle drivers in Texas are responsible for preventing potentially deadly encounters with pedestrians.
If a pedestrian gets hit by a vehicle in Texas, the injured victim or surviving loved ones have legal rights. They may be able to receive financial compensation from the driver or party who is responsible for causing the accident. To learn more about your options contact the Austin personal injury lawyers at FVF Law.
Texas Pedestrian Accident Statistics
A pedestrian is someone who travels by foot, such as a person walking, jogging, or running in Texas. A pedestrian accident occurs when a pedestrian is struck by a car, motorcycle, or another motor vehicle. Texas is consistently one of the top states in the country in terms of pedestrian accidents, injuries, and deaths.
In 2022, 1 person was killed in an automobile accident every 2 minutes 9 seconds in Texas, according to the Department of Transportation. From 2018 to 2022, the number of pedestrian traffic fatalities in Texas increased by 30 percent. They now account for approximately one in five of all traffic deaths.
A total of 828 pedestrians were killed in Texas in 2022, which represented an increase of 0.24 percent from 2021. Overall, there were 1,442 suspected serious pedestrian injuries, 2,227 suspected minor injuries, and 5,751 total reported pedestrian accidents. Pedestrian accidents are most common in major cities, such as Houston, Dallas, and San Antonio.
Why Do Pedestrian-Vehicle Collisions Happen?
Motor vehicles may hit pedestrians in Texas for many reasons related to human error. Negligence, which means the failure of a person to exercise reasonable care, is behind the majority of pedestrian accidents. Motor vehicle drivers can make many mistakes behind the wheel that jeopardize the safety of people walking and jogging in the community.
Common examples include:
- Distracted driving
- Texting and driving or other cell phone use
- Drowsy driving
- Driving under the influence of alcohol
- Speeding, especially in school zones or residential zones
- Failing to yield the right-of-way at crosswalks and intersections
- Making unsafe or illegal turns
- Ignoring traffic signs and roadway rules
While it is not always possible to prevent pedestrian accidents, pedestrians can decrease crash risk by improving their visibility. Pedestrians should wear bright colors and carry flashlights if they have to walk at night. They should only cross the road at designated crosswalks and intersections and walk on sidewalks or pedestrian paths when available.
Common Injuries Suffered in Pedestrian Accidents
Pedestrians are at risk of suffering catastrophic and disabling injuries when hit by motor vehicles in Texas. Without airbags, seat belts, a metal shell, or helmets to protect them, pedestrians may suffer life-changing injuries in collisions.
Some of the most common pedestrian injuries are:
- Brain injuries
- Broken bones
- Crush injuries
- Internal injuries
- Losses of limbs
- Scrapes, lacerations and road rash
- Soft-tissue injuries
- Spinal cord injuries and paralysis
- Wrongful death
Virtually any part of a pedestrian’s body can get injured if struck by a motor vehicle. Injuries can happen when the vehicle initially impacts the pedestrian’s body as well as when the pedestrian lands on the asphalt or road surface.
Pedestrian Right-of-Way Laws in Texas
A common reason behind pedestrian accidents in Texas is a driver breaking the state’s right-of-way laws. If a driver fails to stop and properly yield to a crossing pedestrian, the driver can cause an accident.
In Texas, pedestrians are given the right-of-way in the following places:
- Designated crosswalks
- Marked and unmarked intersections
- Traffic control-signaled intersections when the “Walk” sign is on
Pedestrians cannot suddenly leave a curb or place of safety and enter the path of a vehicle when the driver does not have enough time to stop. It is also against the law for a pedestrian to cross the road at a place between two adjacent intersections other than a crosswalk (jaywalk).
Who Is Liable for a Pedestrian-Vehicle Collision in Texas?
In Texas, the fault-based car insurance law states that the person or party at fault for causing a pedestrian-vehicle collision will be held liable (financially responsible) for the victim’s injuries, bills and losses. Injured pedestrians must prove that someone else is to blame to receive compensation from that party’s insurer. Establishing grounds for a claim requires proof of negligence.
Proving negligence takes evidence that the driver or another at-fault party owed the pedestrian a duty of care, breached this duty, and caused the collision. An example is a motor vehicle driver who failed to exercise due care by texting while driving, leading to the driver striking a pedestrian in a crosswalk.
Some pedestrian accident cases in Texas involve the legal doctrine of comparative negligence. This is when an insurance company alleges a pedestrian contributed to the accident. If comparative negligence is established, the pedestrian can still receive an award reduced by his or her percentage of fault, as long as the percentage of fault is less than 51 percent.
What to Do After Getting Injured in a Pedestrian Accident in Texas
If you get hurt in a pedestrian accident in Texas, try to stay calm and remember to take the following actions:
- Seek medical attention. Your physical health and safety are top priority. Request an ambulance in an emergency or go to the nearest hospital.
- Call 911 to report the accident immediately. Put as much detail as you can into the report, as it can serve as valuable evidence during your injury claim.
- Limit your movements until paramedics arrive. If you move the incorrect way, you could exacerbate an injury.
- Exchange information with the motor vehicle driver. Write down his or her full name, phone number, car insurance information, and a description of the vehicle.
- Collect evidence and document the scene. Take photographs while you are still at the scene of your crash, including pictures of the vehicle and traffic signs. Speak to any eyewitnesses.
After taking these initial steps, you can start the insurance claims process. However, you should contact an attorney first.
What Can a Pedestrian Accident Lawyer Do for You?
An Austin pedestrian accident attorney can protect your rights during an insurance claim, personal injury lawsuit or a wrongful death lawsuit. You can trust your lawyer to fight for maximum financial compensation on your behalf while you focus on healing from your injuries.
For more information about filing a pedestrian accident claim in Texas, contact FVF Law to request a free consultation with an attorney. Our lawyers have over 100 years of combined legal experience. Call (512) 982-9328 today.
