In Texas, drivers owe a duty of care to other drivers, pedestrians, bicyclists, motorcyclists, and any other road user. According to the Texas Transportation Code Sec. 552.008, drivers are expected to:
- Exercise due care to avoid colliding with a pedestrian on a roadway
- Give warning by sounding the horn when necessary
- Exercise proper precaution on observing a child or any obviously confused or incapacitated person on a roadway
- Yield the right-of-way to a pedestrian crossing a roadway in a crosswalk if there are no traffic control signals or the pedestrian is on the half of the roadway
If a driver's failure to exercise due care results in a pedestrian accident or injury, he or she may be found negligent.
Pursuant to Texas Transportation Code Sec. 552, pedestrians also have responsibilities when on or near a roadway including:
- A pedestrian may not start to cross a roadway in the direction of a "Don't Walk" signal or a "Wait" signal.
- A pedestrian facing a steady red signal alone or a steady yellow signal may not enter a roadway
- A pedestrian may not suddenly leave a curb or other place of safety and proceed into a crosswalk in the path of a vehicle
- A pedestrian shall proceed on the right half of a crosswalk if possible
- A pedestrian shall yield the right-of-way to a vehicle on the highway if crossing a roadway at a point other than a crosswalk
- A pedestrian may not walk along and on a roadway, if an adjacent sidewalk is provided and is accessible to the pedestrian
What Expenses Can My Damages Cover?
Texas uses a modified form of comparative negligence meaning that a victim will only receive compensation if it’s determined that the other individual (driver) was 51% or more responsible for the accident.
The available damages that may be recovered include:
- Medical bills associated with the accident, including future medical treatment
- Past and future lost wages, income, or other benefits
- Disability expenses
- Damaged property repair or replacement
- Reduced earning capacity
- Emotional distress or mental anguish
- Damages for physical pain and suffering
- Legal fees
- Punitive damages
- Wrongful death damages, when applicable
Hire Experienced Legal Counsel Today
Pedestrian accidents can have a significant impact on your physical, emotional, and financial health. However, you don't have to go through it alone. It is important to retain an experienced Texas personal injury attorney immediately to protect your rights and for proper guidance.
At The Fostel Law Firm, I have dedicated my career to providing outstanding legal services and compassionate representation in matters of personal injury and pedestrian accidents. As your legal counsel, I can help you:
- Review your case and carry out a thorough investigation
- Collect all required information, pieces of evidence, and gather the necessary documentation
- Establish fault and liability
- Determine and establish case-value
- Handle all communication and negotiations on your behalf while you recover
- Negotiate a fair financial settlement with the insurance company
- Provide experienced representation in your personal injury or wrongful death lawsuit
I will fight passionately to protect your rights and ensure that the right people are held responsible.