Pedestrian accidents are more frequent than most people realize. A moment’s distraction—by drivers or pedestrians—can lead to a collision. The driver does not need to be going fast to cause substantial harm. Since pedestrians are entirely exposed, they are vulnerable even to low-speed impacts. These accidents frequently result in severe trauma or even fatalities.
If you have been injured in a pedestrian accident, you may be eligible for financial compensation. Auto insurance liability policies typically cover pedestrian accidents. Even if you contributed to the accident, contributory negligence laws may qualify you for compensation. Identifying the common causes of pedestrian accidents in Seguin can assist a seasoned lawyer in determining if the driver was liable in your case.
Pedestrians are less likely to be in auto accidents than other drivers. Despite that advantage, pedestrians are far more likely to experience injuries or fatalities than most people in auto accidents.
A vehicle hitting a pedestrian causes at least two forceful impacts. Initially, the vehicle striking the pedestrian causes trauma—possibly leading to broken bones, internal injuries, and more. The second impact is when the pedestrian hits the ground. Using their hands to try to break the fall leaves pedestrians vulnerable to broken wrists, arms, and shoulder injuries. Failing to break the fall is even riskier. Hitting the ground increases the risk of injuries to the head, back, neck, and spine.
Understanding the common causes of these accidents in Seguin allows pedestrians to avoid many accidents. However, pedestrians have no control over driver error, making drivers responsible for reducing the number of these accidents.
Driver errors are responsible for the majority of pedestrian accidents. Speeding, driving under the influence, distracted driving, failing to check for pedestrians before making a left turn, not yielding, driver fatigue, and aggressive driving are some of the leading causes.
However, negligent driving is not the sole cause of every pedestrian accident. Faulty traffic signals, unmarked crosswalks, poor road conditions, and defective vehicles are some other contributing factors. If negligence plays a role, a third party may be at least partially responsible for the injuries.
Sometimes, pedestrians are responsible for the accident. While drivers must watch out for pedestrians, they cannot always avoid them. Jaywalking, wearing dark clothing at night, and distracted walking all increase the risk of an accident.
Failing to yield the right of way is another common problem. Many pedestrians mistakenly believe that pedestrians always have the right of way. While pedestrians have the right of way in marked crosswalks, unmarked crosswalks at intersections, and when following pedestrian traffic signals, drivers have the right of way in almost every other scenario. Disregarding traffic rules can make a pedestrian at fault in an accident.
In Seguin, the fault for causing a pedestrian accident is not all or nothing. Instead, Texas Civil Practice and Remedies Code § 33.001 dictates a modified comparative negligence approach. It assigns proportionate responsibility to the parties. An individual cannot recover damages if they are more than 50 percent responsible for their injuries. Additionally, damage awards are reduced based on the percentage of fault.
The aftermath of a pedestrian accident can be overwhelming. Recovering from serious injuries or coping with the loss of a loved one is complex and requires your focus and attention. The unexpected costs and time away from work can add to the burden, especially if you face a prolonged recovery. These accidents happen so quickly that you may even wonder how they happened.
Analyzing the evidence and determining what caused your injuries is an attorney’s job. Starting with the common causes of pedestrian accidents in Seguin, an attorney can assess whether the evidence supports any of those causes. Schedule a consultation to learn more about the potential remedies available to you.