Austin Pedestrian Accident Lawyer
On one tragic Wednesday morning in 2014, a woman and child died in two separate accidents in Houston. Both victims were pedestrians.
Unfortunately, pedestrian accidents are all too common in Texas. In fact, the U.S. Department of Transportation’s Federal Highway Administration has designated five Texas cities – Fort Worth, Houston, Dallas, San Antonio, and Austin – as “Pedestrian Focus Cities.” That means each of those cities has either an average of 20 pedestrian fatalities each year or a pedestrian fatality rate in excess of 2.33 per 100,000 people.
Even when pedestrian accidents aren’t fatal, they can cause serious, debilitating injuries. Often, these accidents occur due to negligent drivers – people who are intoxicated, speeding, or simply not paying attention. If you or a loved one has been injured in a pedestrian accident due to driver negligence, you might be entitled to compensation.
Texas law follows a proportionate responsibility statute, also known as comparative negligence. That means accident victims may still be awarded damages, even if they are partly at fault for the accident, so long as their share of the blame does not exceed 50 percent. In cases where a victim is found to be partly at fault in a vehicle accident, damages are reduced by a corresponding dollar amount or percentage.
This statute is especially beneficial for victims of pedestrian accidents. Because even if a pedestrian makes an error in judgment when crossing a road, that wouldn’t absolve a drunk driver of responsibility. Still, a pedestrian who shares fault in an accident needs an experienced attorney to achieve the best possible settlement.
The Evans & Herlihy Law Firm has successfully represented many victims of negligence. Regardless of whether you believe you are partially responsible for personal injuries you sustained as a pedestrian, you may have a case.
Pedestrians sometimes put themselves at risk inadvertently. For example, even though most of us learned at an early age to cross streets only at intersections or crosswalks, who hasn’t ignored those rules once or twice and darted across a busy street?
According to the City of Austin 2012 Traffic Fatality Report, of the city’s 26 pedestrian fatalities in 2012, 24 percent occurred in areas where pedestrians should not be: crossing Interstate 35, US Route 290, Texas State Highway 71, and Texas State Highway Loop 1 (otherwise known as the MoPac, or MoPac Expressway). The report goes on to say that these pedestrians did not seem to be on foot due to stranded vehicles, but were crossing these highways for other purposes, and five of them were intoxicated. Most pedestrian fatalities, however, occur on local streets.
The Centers for Disease Control and Prevention reports that in 2012, people age 65 and older accounted for 20 percent of nationwide pedestrian accident deaths. The CDC also studied six years of accident data, finding that, on average, 17 percent of non-fatal pedestrian accidents in this age group involve tripping over or falling off a curb.
Parents may be able to reduce the risk of their children’s being injured in pedestrian accidents by teaching them how to cross the road safely, and also about the dangers of playing in driveways, around cars, or too close to the street.
The Evans & Herlihy Law Firm knows from experience that a pedestrian accident can occur at any time, anywhere – even in your own neighborhood. We represented a Harris County woman run over by a neighbor who was not paying attention while backing out of her driveway. We represented a Collin County woman who suffered serious knee and lower leg injuries when she was run over in a parking lot outside of a high school football game. And if you’ve been the victim of a pedestrian accident, we want to help you.
There’s no guarantee that pedestrians injured in an accident will be awarded damages. But the chances of a favorable outcome – one that compensates you for medical expenses, lost wages, and pain and suffering – improve significantly, with the help of an experienced legal team. Find out whether you have a case. Call the Evans & Herlihy Law Firm today, toll free, at 855-414-1012.