Walk the Road to Legal Victory After a Pedestrian Injury in Texas!
Have you been hit while crossing the street or walking on a sidewalk in Texas? Getting hurt as a pedestrian can throw your life into chaos. Suddenly, you’re faced with injuries, medical bills, and the question: what now? Knowing the legal rights of pedestrian injury victims in Texas is the first step toward getting your life back on track.
The legal process can be tricky, but with guidance from an experienced pedestrian accident attorney in Houston, Texas, who understands your struggles, you can get the compensation you deserve. Don’t go it alone; learn how to stand up for your rights and what to do next after a pedestrian injury.
Quick Summary:
- Traffic Control and Pedestrian Actions: Texas law requires pedestrians to follow traffic signals just like drivers. Pedestrians can cross the road on a green signal unless it is a turn arrow, and they must stay out of the roadway on red or yellow lights. These rules help reduce accidents and maintain traffic flow.
- Right-of-Way and Crosswalks: Pedestrians have the right-of-way at crosswalks, whether signals are present or not. However, they should not enter the crosswalk suddenly or unsafely. To avoid accidents, drivers must yield to pedestrians who have the right of way.
- Liability and Negligence: Liability in Texas pedestrian accidents is based on negligence. A driver or pedestrian may be held liable depending on who acted carelessly. If both share fault, Texas’s modified comparative fault rule will reduce the compensation based on the percentage of responsibility.
- Damages Available: Depending on the severity and circumstances of the accident, victims may be eligible for economic (medical expenses, lost wages), non-economic (pain and suffering, emotional distress), and punitive damages. If the accident results in a fatality, wrongful death damages are available.
- Statute of Limitations and Legal Support: Pedestrian accident claims in Texas must be filed within two years from the accident date. Seeking support from a knowledgeable attorney helps ensure the claim is filed appropriately and that all potential damages are considered within the required timeframe.
Understanding Texas Pedestrian Laws and Regulations
In Texas, pedestrians must follow traffic signals just like drivers. A pedestrian facing a green signal can proceed across a marked or unmarked crosswalk, but only if the green light is not a turn arrow. If a red or yellow light is displayed, pedestrians must stay out of the roadway, ensuring they do not interrupt traffic flow or put themselves at risk.
Traffic Control Signals and Pedestrian Actions
As defined by Texas Transportation Code Sec. 552.001, traffic control signals regulate pedestrian and vehicle interactions at intersections. Texas law outlines specific guidelines for pedestrians when responding to green, yellow, and red traffic signals and pedestrian control signals. These regulations ensure safety and organization at intersections, reducing the likelihood of accidents in busy areas.
- Pedestrian Response to Green Signals: Under Sec. 552.001(b), pedestrians can cross the road on a green signal, whether marked or unmarked, unless the green light is specifically a turn arrow. This ensures that pedestrians only proceed when traffic is halted or safely controlled.
- Pedestrian Response to Red and Yellow Signals: According to Sec. 552.001(c), pedestrians should not enter the roadway when facing a red or yellow signal. These signals indicate that traffic is either about to move or already in motion, making crossing dangerous.
Pedestrian Right-of-Way and Crosswalks
Establishing the right-of-way at crosswalks is addressed under Texas Transportation Code Sec. 552.002 and Sec. 552.003, which helps create safer conditions for both pedestrians and motorists. The law outlines clear guidelines on when pedestrians have the right-of-way and how drivers should respond. This section also addresses specific rules for pedestrian behavior at crosswalks to avoid sudden movements that could endanger themselves and others.
- Right-of-Way with Signals: When a “Walk” signal is displayed, pedestrians can proceed across the crosswalk, as Sec. 552.002(b) noted. Vehicles must stop and yield to allow pedestrians to cross safely. If the signal changes to “Don’t Walk” or “Wait,” pedestrians should not start crossing.
- Right-of-Way without Signals: According to Sec. 552.003(a), drivers or motorists must yield to pedestrians in the crosswalk when no traffic signals are present. Pedestrians must, however, avoid entering a crosswalk suddenly if it puts them in the direct path of oncoming vehicles.
Proper Crossing and Sidewalk Use
Understanding the designated areas for pedestrian movement is essential for safety. Texas Transportation Code Sec. 552.005 and Sec. 552.006 specify where pedestrians should cross and how sidewalks should be used to avoid vehicle conflicts. This section highlights appropriate crossing behavior and the importance of using sidewalks when available.
- Crossing Rules: As stated in Sec. 552.005 (a), only designated crosswalks or intersections should be used by pedestrians to cross and yield to traffic if crossing outside of these areas. At intersections where traffic control signals are operational, pedestrians must cross only within the designated crosswalk.
- Sidewalk Regulations: When a sidewalk is available, pedestrians must use it rather than strolling along the street, as stated in Section 552.006(a). If there is no sidewalk, pedestrians should walk on the left side of the road, facing oncoming vehicles, for visibility and safety.
Who is Liable in a Texas Pedestrian Accident?
In Texas, determining liability in pedestrian accidents primarily revolves around negligence. The party that neglect to exercise reasonable care and causes the accident is typically found liable. Depending on the circumstances of the incident, both the driver and pedestrian may be held partially or fully liable.
Determining Negligence
Negligence is established when a person’s actions fall below the standard of care expected in a given situation. For drivers, this may include:
- Failing to yield at a crosswalk.
- Running a red light or stop sign.
- Driving while distracted, such as texting or using a GPS.
- Speeding or failing to observe traffic control signals.
On the other hand, pedestrians may also be deemed negligent if they:
- Cross the street outside of designated crosswalks (jaywalking).
- Disregard pedestrian signals such as crossing during a “Don’t Walk” signal.
- Walk along the road when sidewalks are available or cross at an unsafe distance from a vehicle.
Shared or Comparative Fault
Texas follows a modified comparative fault rule, which means that a pedestrian’s ability to recover damages is reduced based on their percentage of fault. If the pedestrian is found to be 51% or more at fault, they may not recover any damages.
For example, if a pedestrian crosses against a “Don’t Walk” signal and is hit by a speeding driver, both parties might share liability. The compensation would be adjusted according to their respective degrees of fault.
When is the Driver Liable?
Drivers are generally liable when they violate traffic laws or fail to exercise due care in areas with heavy pedestrian traffic. This includes not yielding at crosswalks or stopping for pedestrians legally crossing. The law also places additional responsibility on drivers when children or visibly impaired individuals are present.
What Damages Can I Recover in a Texas Pedestrian Accident Case?
Victims of pedestrian accidents in Texas are entitled to several sorts of compensation depending on the incident’s circumstances and the severity of their injuries. It’s important to know what kinds of damages are possible when submitting a claim:
Economic Damages
Economic damages refer to tangible, out-of-pocket costs incurred directly from the accident. These damages are often easier to quantify because they involve actual financial expenses and losses. They include:
- Medical Expenses: Economic damages related to medical expenses include the costs for immediate emergency care, hospital stays, surgeries, prescription medications, physical therapy, and any future treatments needed for ongoing recovery. Victims should keep detailed records of all medical bills and receipts to ensure they receive full compensation for these expenses.
- Lost Income and Wages: If the victim cannot work due to injuries sustained in the accident, they may be eligible for compensation for their lost wages. This also includes any future loss of income if the injuries prevent them from returning to their previous job or limit their ability to work as they did before.
- Property Damage: Property damage compensation covers the costs to repair or replace personal items damaged during the accident, such as bicycles, clothing, electronic devices, or other belongings. This ensures that losses to their property do not financially burden the victim.
- Reduced Earning Capacity: If the injuries result in permanent disabilities or impairments, the victim may receive compensation for the diminished ability to earn income. This type of damage is often calculated by considering factors such as the victim’s age, occupation, and skill set.
Non-Economic Damages
Non-economic damages are awarded to compensate victims for the non-monetary effects of an accident, which are often more challenging to quantify. These damages address the emotional and physical impact the accident has on the victim’s life and overall well-being.
- Pain and Suffering: Pain and suffering damages cover the physical discomfort and ongoing pain caused by the accident. This compensation also considers the extent and duration of pain and any disfigurement or scarring that may result from the injuries.
- Mental Anguish and Emotional Distress: Victims who experience emotional trauma, anxiety, depression, or post-traumatic stress disorder (PTSD) due to the accident may be entitled to compensation for mental anguish. These damages acknowledge the emotional toll serious accidents can have on an individual.
- Wrongful Death Damages: When a pedestrian accident results in death, surviving family members may pursue wrongful death damages. These damages include compensation for the loss of companionship, emotional suffering, and financial support that the deceased would have provided.
Punitive Damages
Punitive damages serve as a punishment to the defendant and are meant to deter similar reckless or negligent behavior in the future. These damages are not awarded in every case but are considered when the defendant’s actions are especially dangerous or malicious. This type of compensation is intended to penalize the defendant and send a strong message to prevent similar behavior in the future.
How Long Do You Have to File a Pedestrian Accident Claim in Texas?
The statute of limitations for pedestrian accident claims in Texas is two years from the accident date. This means that victims must file a lawsuit within this time frame to seek compensation for their injuries. Failing to file within the statutory period may result in losing the right to recover damages entirely. Consulting a legal professional early in the process ensures that your claim is filed within the required time limit and that all necessary documentation is prepared.
Steps to Take Immediately After a Pedestrian Accident in Texas
Following a pedestrian accident, taking the right steps can significantly affect your recovery and legal options. By following a few key actions, you can gather the necessary information and ensure your safety. Here’s what you should do:
- Move to Safety and Call 911: Get out of harm’s way and call 911 to report the accident and seek emergency medical help, even if injuries are not immediately visible.
- Document the Scene: Using pictures or videos, record the accident scene, your injuries, and any property damage. These will be essential proof if a claim is made.
- Gather Information: Exchange contact and insurance details with the driver and collect information from any witnesses. This includes names, phone numbers, and license plate numbers.
- File a Police Report: Ensure that an official report is filed with law enforcement. This document will be necessary for any insurance or legal claims.
- Seek Medical Evaluation: Get a thorough medical examination to identify any injuries that may not be apparent immediately. Keep records of all expenses and medical treatments.
- Contact an Experienced Attorney: A skilled attorney can evaluate your case, help navigate complex legal processes, and advocate for your rights. They ensure that all damages are considered and that your claim is filed within Texas’s statute of limitations.
Still Unsure How to Protect Your Legal Rights for Pedestrian Injury Victims in Texas? Contact Us Now!
In Texas, understanding your rights after a pedestrian injury can be a maze of confusion. We’re here to light the way for you. Our practice is built on helping everyday people, just like you, recover from challenging situations. Our dedicated team offers support in areas like Family Law, Criminal Defense, Personal Injury, and more – so we are ready to handle the unique challenges of your case.
Whether you’re dealing with the aftermath of an injury, facing a family law matter, or needing criminal defense, we can offer the advice and representation you deserve. At Scott M. Brown & Associates, your well-being is our top priority. We work tirelessly to achieve the best possible outcome for you and your family.
Don’t wait to get the help you need. Contact us today and take the first step toward getting your life back on track.
