Attorney Brian White Personal Injury Lawyers | November 23, 2023 | Car Accidents

Many times, accidents where pedestrians get hurt are caused by drivers who are not paying attention, are careless, or have had too much to drink. But sometimes, a pedestrian can be the reason for a big car crash. 

Even safe drivers might have to suddenly turn their car to avoid hitting a pedestrian who shouldn’t be on the road. This sudden move can lead to serious accidents.

How Do Pedestrians Cause Car Accidents?

Many car accidents involving pedestrians occur in the late afternoon and evening hours. This is a busy time when people are either heading home from work or out for errands. Accidents that result in serious injuries or fatalities to pedestrians tend to happen later, often at night, when it’s more difficult to spot someone walking on the road.

While crosswalks are common sites for these accidents, most of them actually occur elsewhere. This is often because pedestrians cross the road unsafely, particularly in areas without traffic lights or crosswalks, and especially during nighttime. 

Unsafe pedestrian behaviors include:

• Crossing the street where they’re not supposed to (jaywalking)
• Walking into the street when they’re drunk
• Not noticing a car is coming
• Being distracted by their phone or something else
• Running after a shopping cart or baby stroller that rolls into the street
• Running after a pet that goes into the street
• Not understanding the rules of the road
• Running or walking in the street

These actions can cause accidents, and it’s not the driver’s fault. If someone gets hurt because a pedestrian wasn’t being careful, the injured person might be able to take legal action against the pedestrian.

Figuring Out Who Is to Blame for the Accident

It can be tricky to figure out who is at fault in accidents because it’s not always clear who caused it. But, we can use rules about being negligent to help find out who is responsible. For example, if you get hurt in a car crash, you might take legal action against a negligent driver or motorcyclist. If you win the case, you could receive compensation from an at-fault party.  

Understanding Texas Pedestrian Laws for Your Case

Pedestrians must follow traffic rules. 

There are several ways pedestrians can break these rules, including:

• Walking on bridges where they shouldn’t
• Crossing busy roads without a traffic light
• Using headphones while crossing streets
• Not wearing clothes that can be easily seen at night
• Not yielding the right of way

These factors help determine who’s at fault in a pedestrian accident. 

What Happens in a Shared Fault Case?

In a shared fault case, both the driver and pedestrian share some blame for the accident. This happens when one person is careless while the other isn’t. For instance, if a car doesn’t give way to a pedestrian, the driver is at fault. But if a pedestrian walks into traffic without looking and gets hit, they’re at fault too.

In these cases, the law says both sides played a part in the accident. So, the money they get as compensation might be less. To get money for damages, you need to show that you were less than 51% responsible for the accident. 

Types of Financial Recovery After a Texas Accident

When you’re in a car accident in Texas, there are different ways you can get compensation for what you lost. 

You can pursue the following economic damages after a Texas car accident:  

• Medical costs: Money for any treatment you need because of the accident.
• Lost money from work: If you couldn’t work and lost your salary because of the accident.
• Property damage: For any of your things, like your car, that were broken in the crash.
• Funeral expenses: If the accident sadly resulted in someone’s death.

But accidents don’t just hurt your wallet; they can also cause emotional and physical pain. 

You might be able to get money for the following non-economic damages: 

• Pain and suffering: This is for the actual physical pain from your injuries.
• Emotional stress: If the accident left you feeling very upset, stressed, or fearful.
• Physical Changes: Like scars or any lasting marks from your injuries.

Also, if the accident happened because someone was being very reckless, like driving drunk, you might request punitive damages. This is extra money meant to punish the person who caused the accident.

How a Houston Car Accident Attorney Can Help After a Pedestrian Causes an Accident 

Car accidents are often terrifying and overwhelming. The injuries can be catastrophic and traumatic when pedestrians are involved. A skilled Houston car accident lawyer can help guide you through this challenging experience.

Contact the Houston Car Accident Lawyers at Attorney Brian White Personal Injury Lawyers for Help

For more information, contact the Houston car accident law firm of Attorney Brian White Personal Injury Lawyers at (713) 500-5000.

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About the Author Brian White

Brian White earned his J.D. from South Texas College of Law in Houston and is licensed to practice in Texas. He is a Board-Certified Personal Injury Trial Lawyer.

Dedicated to giving back, he actively supports local charities and community initiatives.

Client testimonials highlight Brian’s compassion, open communication, and dedication to achieving the best outcomes for those he represents.

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