Questions After A Pedestrian Accident?
Pedestrians have the right of way under Texas traffic laws, however, pedestrian accidents per day is on the rise. These are some of the most dangerous traffic crashes that may leave you and your family facing various uncertainties.
As the oldest personal injury law firm in Austin, Byrd Davis Alden & Henrichson, LLP, understands the questions you may have after a pedestrian accident, including:
What if I was involved in a hit-and-run accident?
Unfortunately, pedestrian accidents often involve a hit-and-run situation. A negligent driver will flee the scene, leaving behind the person they have hit.
This may seem like a problem, since injury claims often depend on charging the driver with reckless behavior. And it is often the negligent driver’s insurance company that covers your rightful compensation. However, there are still steps you can take to obtain compensation.
If you were involved in a hit-and-run, call the police. They will create an accident report and are also extremely helpful in tracking down the negligent driver with access to eyewitness accounts and possible camera footage.
Even if the police cannot identify the driver who hit you or your loved one, you still have options. It is possible that your own insurance plan will cover you. You can also file a claim if you have uninsured or underinsured motorist coverage.
It is always important to have an experienced lawyer on your side after a pedestrian accident, but it is even more important to have an advocate who will protect your rights and best interests after a hit-and-run.
Is the driver always at fault in a pedestrian accident?
Since pedestrians have the right of way, motorists are often the parties held accountable for pedestrian accidents. However, that does not mean it is impossible for a pedestrian to carry some fault.
A pedestrian may be partially at fault for an accident if they:
- Did not follow traffic signals
- Were jaywalking or crossing outside of a sidewalk
- Were under the influence of drugs or alcohol
Even if these conditions applied to the accident, the motorist is likely to be more at fault than the pedestrian. Pedestrians have the right of way in Texas.
Under the Texas statute of modified comparative negligence, even if the pedestrian was partly at fault the courts will measure each party’s’ percentage of fault. As long as the pedestrian is less than 50 percent at fault for the accident, they can still recover compensation.
What if my child was injured in a pedestrian accident?
Pedestrian accidents involving children are dealt with differently than those involving adults. This is mainly because drivers have an increased responsibility toward pedestrian safety in areas where children are present.
For example, speed limits decrease near schools to protect children. Even if a motorist follows the speed limit laws but they hit a child, they are most likely still going to be held responsible for negligent driving.
Because of their age and development stage, children do not often share fault for an accident, even if they ran into the street and were hit by an oncoming car. So, families can file an injury claim to recover full compensation for their child’s:
- Past and future medical costs
- Pain and suffering
Contact Our Attorneys Today
If you have more questions about your case and would like to discuss your accident with an attorney, call our office today at 512-593-7650 or contact us online for a consultation. Our Austin pedestrian accident lawyers are prepared to help you.