- December 9, 2024
- Personal Injury
Texas is among the states with the most fatal car and truck accidents occurring annually, and though laws are in place to keep drivers and pedestrians safe, a combination of situation-specific circumstances can lead to accident, injury, and damage beyond repair. Though all parties may face the possibility of injury, it goes without saying that pedestrians face a higher likelihood that injuries obtained in an accident will be life-altering and/or fatal in nature. In today’s blog, your Dallas, TX catastrophic injury attorneys explain the protections in place for pedestrian safety rights and explore the difficulties that accompany traffic-related incidents as a pedestrian.
Accident Statistics In Texas
As the second largest state in the United States, there is a lot of ground to cover if you are traveling through or across Texas. According to data collected by the Texas Department of Transportation, in 2023, one person was killed every two hours and three minutes in a car accident. Moreover, one person was injured every two minutes and six seconds, and one reportable crash occurred every 56 seconds. This data was based on reportable crashes in the calendar year 2023.
Other interesting findings in the Texas Department of Transportation’s report was that Texas did not experience a single deathless day, a total of 250,335 persons were injured in motor vehicle traffic crashes in 2023, and pedestrian fatalities totaled 807. These numbers are shockingly high, and though some categories have experienced a slight decrease from 2022, the statistics are still uncomfortably high.
Historical Impacts
An analysis of pedestrian vehicle/road accident trends has indicated an increase in pedestrian fatalities over the last decade. Not only that, but individual deaths occurring as a result of being struck by a motor vehicle has risen 68 percent overall nation-wide since 2011. Indeed, a growing share of all traffic deaths are people outside of vehicles, and this number has only risen since the first reported motor vehicle fatality of pedestrian Henry H. Bliss in 1899. For more information about the historical examples and influences of vehicle-related accidents, do not hesitate to contact our team today.
Additional Concerns for Pedestrians
Though strolling on the sidewalk, sightseeing while out on vacation, and walking to work should all be safe activities, for a growing number of people, this is not the case. Moreover, car and other vehicle accidents can be deadly, and it is important to recognize that there is nothing separating a pedestrian and a large vehicle moving toward them at a fast speed other than the open air. When you’re hit by a vehicle weighing thousands of pounds, you’re also highly vulnerable to serious injury. Don’t take the risk, and do everything in your power to practice appropriate road safety.
The 51/50 Rule
In theory, if a person is injured or perishes as a result of another person or party’s negligence, the person who acted with negligence should be held accountable. Except most situations are hardly that black and white, and fault may reside with more than one party. In the state of Texas, comparative negligence and the 51% Bar rule applies. This means that if the pedestrian is found to be 51% or more at fault in an accident, he or she cannot receive any compensation for injuries or damages obtained as a result. Of course, the outcome of your legal matter will depend largely on the facts surrounding your case, so if you or a loved one became injured as a pedestrian, contact our office to receive individualized information and advice.
Texas Transportation Code Chapter 552
Laws exist to protect individuals, and the Texas Transportation Code chapter 552 helps set certain rules of the road, including pedestrian rights. It discusses the right-of-way laws with respect to crosswalks, sidewalks, highways, and more, in addition to rules that both pedestrians and vehicle operators must follow to ensure individual safety. To learn about the implications of the law, how it is applied, and what it may mean for your case, pick up the phone and call our office.
Other Causes of Injuries
While pedestrians have a duty to pay attention to their surroundings and yield right of way when necessary, in many cases, accidents and injury may arise from driver-related causes. For instance, some of the most common include driving under the influence of drugs or alcohol, speeding, distracted driving such as sightseeing and checking one’s phone, and reckless driving.
Another cause may include factors outside both that of the driver and the pedestrian. Examples of this may include improper road signage, mechanical/manufacturing issues with the vehicle, or even poor road conditions. There is no exhaustive list of factors affecting pedestrian-vehicle accident collisions, and due to the wide range of possibilities, only individualized and experienced advice will be able to help.
The Bottom Line
Pedestrian accident claims can be quite difficult to prove, and that is why it is imperative you seek the advice of and work with only a competent and experienced law firm. The Crain Brogdon team will take care to listen to all of the facts surrounding your case and ask clarifying questions to create a strong and sound case. We will also provide the pros and cons of filing a claim, discuss what laws apply, and what your next steps would look like to move forward with our team.
Schedule Your Free Consultation
Pedestrians involved in traffic accidents have a higher likelihood of sustaining serious, life-threatening injuries, and knowing your rights and protections is crucial to obtain what you are owed should you become injured in such a manner. Contact Crain Brogdon LLP in Dallas, TX by calling (214) 522-9404 to schedule your free initial consultation with our team and learn more today.
Attorney Quentin Brogdon
Quentin Brogdon has over thirty years of experience and expertise in the field of personal injury trial law. He is board certified in both personal injury trial law and civil trial advocacy. Quentin has received an AV rating from Martindale-Hubbell, the highest possible rating. This rating reflects an attorney’s ethics and abilities according to reviews from fellow attorneys. [ Attorney Bio ]
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