Pedestrian accidents often occur at slow rates of speed, but the damage and injuries could be life-threatening. Every day in the United States, an average of sixteen people are killed in pedestrian accidents. Sadly, while thousands of these pedestrians are killed in auto collisions every year, even more are left with permanent bodily injuries.
Many of those injured have valid personal injury claims. Even if you weren’t using the crosswalk at the time of your injury, you should reach out to a skilled attorney to determine whether you are eligible to pursue compensation. Understanding the significance of crosswalks in Sugar Land pedestrian accident cases can be made easier with the help of Lone Star Injury Attorneys.
Sugar Land courts apply the modified contributory negligence rule when determining the role that a crosswalk may have played in pedestrian incident cases. This means that the Plaintiff, or the injured party, cannot be more than 50 percent responsible for the accident to receive compensation from the driver who hit them. In other words, the jury will have to decide who is to blame for the accident and in what proportion. The evidence presented by your lawyer during trial will help these jurors make their decision.
Does the fact that you were not using a crosswalk at the time of the collision mean that you were over 50 percent responsible for the accident? The answer is not a hard yes or no, but it depends on the surrounding evidence of the crash. Was the driver speeding? Were you clearly 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. Emphasizing the most helpful evidence is the job of your attorney. When fault is not clear and the damages are serious, it is important to have qualified legal counsel on your side.
In an effort to mitigate these accidents, the necessary authorities in Sugar Land and throughout Texas have stepped up measures to safeguard the lives of both drivers and pedestrians.
From increased road safety awareness campaigns to improved infrastructures, road users should be educated in how to drive defensively and properly use crosswalks to prevent accidents. While this education is commendable, the numbers are not promising, as more pedestrians die each year from traffic accidents. Pedestrians often have the right of way in these accidents.
If you are hit by a car while crossing the road at designated pedestrian crossing, blame will likely be on the driver. This is because motor vehicle operators are expected to understand the significance of a crosswalk and slow down. Drivers are to come to a complete halt when approaching a crosswalk if a pedestrian is visible. In such a scenario, fault is clear when an accident occurs.
However, there are other cases where pedestrians cross the road at other points without a crosswalk. It is possible that the local municipality never designated pedestrian crossing points, or maybe they were too far from each other to be practicable for a pedestrian. Whenever an accident occurs at such a point, you as a pedestrian become part and parcel of the potential parties to be blamed. It is the duty of your lawyer to show that the majority of the fault is on the driver.
You may be eligible for compensation if the defendant in your case went against their legal obligation to drive reasonably safe. Pedestrians are viewed as road hazards that must be avoided at all costs. Drivers are, therefore, often expected to be on the lookout to avoid such pedestrian accidents – especially at crosswalks. On the other hand, pedestrians also have an obligation to see to it that they do not cross the road carelessly or jaywalk.
If the driver who hit you was drunk, reckless, or speeding, this evidence makes it much more likely that you will succeed in your claim for damages. However, proving these facts may be more difficult. For example, you can produce photos of alcohol bottles removed from the vehicle, introduce police reports asserting that the driver was careless or speeding, or have eyewitnesses testify as to what happened.
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.