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Pedestrian accidents
often occur at slow speeds but can cause life-threatening damage and injuries. In the United States, an average of sixteen people die daily in pedestrian accidents. Unfortunately, while thousands die annually in auto collisions, many more are left with permanent bodily injuries.
Many injured individuals have legitimate personal injury claims. Even if you weren’t using the crosswalk when injured, consulting with a skilled attorney is essential to determine your eligibility to pursue compensation. Understanding the importance of crosswalks in Sugar Land pedestrian accident cases is more accessible with the help of Lone Star Injury Attorneys.
Sugar Land courts apply the modified contributory negligence rule when determining the crosswalk’s role in pedestrian incident cases. The plaintiff or injured party cannot be more than 50 percent responsible for the accident to receive compensation from the driver who hit them. The jury determines who is to blame for the accident and in what proportion. Your lawyer’s presented evidence during trial helps the jurors make their decision.
Does not using a crosswalk at the time of the collision mean that the pedestrian was over 50 percent responsible for the accident? The answer is not a straightforward yes or no and depends on the surrounding evidence of the crash. Was the driver speeding? Was the pedestrian visible from a distance? Would a reasonably safe driver have stopped in time?
The answers to these questions help the jury decide how much fault to attribute to the driver or the pedestrian. Your attorney’s job is to emphasize the most helpful evidence. In cases where fault is unclear and damages are severe, it is crucial to have qualified legal counsel on your side.
The relevant authorities in Sugar Land and throughout Texas have taken measures to safeguard the lives of both drivers and pedestrians, aiming to reduce these accidents.
Increased road safety awareness campaigns and improved infrastructures educate road users on defensive driving and proper crosswalk use to prevent accidents. However, despite these efforts, the number of pedestrian deaths from traffic accidents remains high. Pedestrians often have the right of way in these accidents.
If a driver hits a pedestrian at a designated crosswalk, the driver is usually at fault. Motor vehicle operators should recognize the importance of a crosswalk and reduce speed, coming to a complete stop when approaching a crosswalk with visible pedestrians. In such a scenario, fault is clear when an accident occurs.
However, accidents may occur at non-designated pedestrian crossing points. These areas may lack designated crossing points or have impractical distances between them. In these cases, the pedestrian may be partly responsible. Your attorney must demonstrate that the driver is primarily at fault.
You may be eligible for compensation if the defendant in your case failed to fulfill their legal obligation to drive safely. Drivers are responsible for avoiding pedestrians as road hazards, particularly at crosswalks. Similarly, pedestrians must avoid crossing roads carelessly or jaywalking.
If the driver who hit you was drunk, reckless, or speeding, it is more likely that you will succeed in your claim for damages. However, proving these facts may be difficult. Evidence like photos of alcohol bottles removed from the vehicle, police reports stating the driver was careless or speeding, or eyewitness testimony can help prove your case.
Pedestrian accidents are often very serious, as victims have no protection when being hit by a 2,000+ pound vehicle. Your medical needs after being struck by a car may be substantial. Our Lone Star Injury Attorneys are here to help. If you have questions about the significance of crosswalks in Sugar Land pedestrian accident cases, please reach out to our office to speak to an attorney. Schedule a free consultation today.
Lone Star Injury Attorneys, PLLC
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