In Texas, pedestrian accidents can have serious, life-altering consequences. Whether a pedestrian is hit by a car while crossing the street, walking on the sidewalk, or in a crosswalk, the legal, medical, and financial implications can be significant. If you or a loved one has been involved in a pedestrian accident, consulting a car accident lawyer Houston can help protect your legal rights and ensure you receive proper compensation.
In this blog, we will explore the steps you should take if you are hit by a car as a pedestrian in Texas, the potential legal consequences, and how Texas law handles pedestrian accidents.
Texas Pedestrian Laws
In Texas, both drivers and pedestrians have legal obligations to ensure the safety of everyone on the road. While drivers must be aware of their surroundings and follow traffic laws, pedestrians also have their own set of rules to follow when navigating public spaces.
Driver’s Responsibility
- Yielding to pedestrians in crosswalks: Under Texas Transportation Code §552.003, drivers must yield the right-of-way to pedestrians in marked crosswalks.
- Stopping for pedestrians: Drivers are also required to stop for pedestrians at unmarked crosswalks at intersections.
Pedestrian Responsibility
- Crosswalks: Pedestrians should cross streets within crosswalks when possible.
- Obey traffic signals: Pedestrians must also follow traffic signals when crossing at intersections.
If a pedestrian is hit by a car, liability may depend on whether the driver or the pedestrian violated these laws. Consulting a qualified lawyer in Houston can help you understand your rights and take the right steps to protect your case.
What to Do If You Are Hit by a Car as a Pedestrian
Being involved in a pedestrian accident can be terrifying and overwhelming. It’s important to know what steps to take immediately after the incident to protect your health and legal rights.
1. Seek Medical Attention
- Immediate care: Even if you don’t feel injured at first, it’s essential to seek medical attention after being hit by a car. Injuries from pedestrian accidents can worsen over time, so documenting your injuries is vital.
2. Call the Police
- File a report: Always call the police after an accident. The police report will contain important details about the accident, including driver information, witness statements, and potential citations. The report can be crucial when determining fault.
3. Document the Scene
- Take photos: If you’re able, take pictures of the scene, the car, any injuries, and the surrounding areas. This documentation can help your case if legal action is necessary.
- Get witness information: If there were any witnesses to the accident, get their names and contact information for potential testimony.
4. File an Insurance Claim
- Pedestrian injury claim: If you have auto insurance, your insurer may cover medical expenses, depending on the circumstances. You can also file a claim through the at-fault driver’s insurance policy if they are identified.
5. Contact a Lawyer
Seek legal guidance: Consulting a Houston lawyer early can protect your rights, help you navigate insurance claims, and ensure you receive fair compensation for medical expenses, lost wages, and pain and suffering. A lawyer can also handle negotiations or potential lawsuits if the case becomes complex.
Legal Rights for Pedestrians Hit by Cars in Texas
When a pedestrian is hit by a car, the legal consequences vary based on fault, whether the pedestrian was following traffic laws, and other factors like negligence. Understanding your rights is crucial, especially if you are injured or face medical bills.
1. Pedestrian Accident Liability
- Driver’s fault: In most cases, if a driver hits a pedestrian, they are liable for the accident, especially if they were driving recklessly or not yielding the right-of-way.
- Pedestrian’s fault: If a pedestrian jaywalks or crosses the street without following traffic signals, they may share some or all of the fault for the accident. In such cases, the pedestrian may be partially responsible for their injuries.
2. Comparative Negligence in Texas
- Texas follows modified comparative negligence laws (under Texas Civil Practice and Remedies Code §33.001), meaning if a pedestrian is partially at fault for the accident, their compensation may be reduced by their percentage of fault.
- For example, if a pedestrian is found to be 30% at fault for not using a crosswalk, their compensation for damages will be reduced by 30%.
Potential Damages in a Pedestrian Accident
If a pedestrian is hit by a car, they may be entitled to compensation for their injuries. In Texas, the damages a pedestrian can receive will depend on the severity of their injuries and whether the other party is found to be at fault.
1. Medical Expenses
- Current and future medical bills: Compensation can cover the cost of emergency medical care, hospitalization, rehabilitation, therapy, and any future medical expenses related to the injury.
2. Lost Wages
- Time off work: If the pedestrian is unable to work due to their injuries, they may be entitled to compensation for lost wages, including future lost earnings if the injury results in permanent disability.
3. Pain and Suffering
- Emotional distress: In addition to physical injuries, pedestrians can receive compensation for pain and suffering, emotional distress, and the loss of enjoyment of life.
4. Property Damage
- If the pedestrian’s personal belongings were damaged in the accident (e.g., a cell phone, glasses, or clothing), they may be entitled to compensation for those items.
Legal Process After a Pedestrian Accident
If you decide to pursue a claim after being hit by a car, there are several steps you will need to follow, including working with an attorney and potentially filing a lawsuit.
1. Hire a Personal Injury Attorney
- Legal representation: A Houston personal injury attorney can help you navigate the legal process, deal with insurance companies, and ensure that your case is properly documented.
- Contingency fees: Many personal injury attorneys work on a contingency fee basis, meaning they only get paid if you win your case.
2. Negotiating with Insurance Companies
- Insurance claims: The at-fault driver’s insurance company will typically be responsible for paying the damages. However, insurance companies often try to minimize payouts, so having legal representation can help ensure that you receive fair compensation.
3. Filing a Lawsuit
- If a fair settlement cannot be reached, your attorney may advise you to file a lawsuit against the driver or other liable parties. This process can take months or even years, depending on the complexity of the case.
Get Legal Help After a Pedestrian Crash
Pedestrian accidents in Texas can be devastating for the individual involved. Whether you were crossing the street legally or not, it’s important to understand your legal rights after being hit by a car. Texas law provides certain protections for pedestrians, but liability and compensation depend on the specific circumstances of the accident.
If you or a loved one has been hit by a car, seeking immediate medical attention and contacting The Law Office of Michael Bates is crucial for navigating the complex legal and insurance processes. A Houston lawyer can help ensure that you receive the compensation you deserve for your injuries, lost wages, and pain and suffering.