When you are hurt in an accident where you are a pedestrian, not another driver, you may have questions about whether or not your car insurance will help pay for your injuries. Why the accident occurred and the type of insurance that you carry are two of the biggest factors that will affect whether or not—and how much—your insurance will cover you in a pedestrian accident.
In the entire year of 2014, there were 22 reported pedestrian fatalities in the city of Dallas, six more than the previous year. However, these numbers pale in comparison to the fact that we are only three-quarters of the way through 2015 and pedestrian deaths have surpassed previous yearly totals.
According to an article in the Dallas Observer, as of August 31, 2015, our city has already seen 31 pedestrian deaths. With three more months left in the year, and totals from September not yet reported, at this rate, we could very well see more deaths this year than the past two years combined.
The state of Texas has strict right-of-way laws. While many pedestrians assume that they always have the right of way, this is not always the case.
Following a pedestrian accident, whoever had the right of way at the time the incident occurred may be an important factor that affects liability. If liability is shared, then a claimant’s damages amount may be reduced.
Pedestrian accidents aren’t always the driver’s fault when a car is involved. Sometimes, a pedestrian’s own actions contribute to the occurrence of a collision. One thing that can affect liability and the ability to recover damages in a pedestrian accident claim is if the pedestrian was drunk at the time of the accident.
At the scene of an accident, the Dallas motorists, bikers, or pedestrians involved have a duty to stop and alert emergency services if there is an injury. The parties must also exchange contact information. If a motorist fails to do so and simply drives away from the scene of the accident, s/he is guilty of a hit and run.
If you now have injuries because of a pedestrian hit and run accident in Dallas, you are probably wondering how you will possibly recoup your expenses. Just because the motorist is missing, this doesn’t mean that the case is hopeless.
First, the police will do their part:
- Conduct an investigation
- Look for eyewitness statements
- Analyze surveillance camera footage
The media frequently spotlights the dangers of distracted driving. However, the disturbing new phenomenon of distracted walking is making headlines. Pedestrian inattention is an increasing problem, especially with the growing use of smartphone technology, and other forms of electronic media.
It is fairly common now to see pedestrians texting and walking, having conversations on their cell phones, or listening to music on their portable music devices. These are all very real dangers to pedestrian safety.
Their smaller frames and minimal walking experience make child pedestrians some of the most vulnerable users of our roads. According to the Centers for Disease Control and Prevention (CDC), auto accidents contribute to one out of every five fatalities involving children between the ages of one and 14 in the United States.
Pedestrians account for approximately 25 percent of those fatalities. Read on to learn more about pedestrian accidents involving children and some tips to prevent them.
In many cases, when it comes to pedestrian accidents in Dallas, the motorist is often at fault. There is a widely accepted belief that pedestrians always have the right of way, and while this is often true, there are cases where the pedestrian may be at fault or may share in the fault for the accident.
The laws are designed to look at negligence when determining fault in a traffic accident, and it is the duty of both pedestrians and motorists to exercise reasonable care when using public roadways.
One of the duties of a pedestrian or motorist is to obey traffic rules and signals. When a pedestrian is hit by a car but not in a crosswalk, several factors may affect the outcome of a personal injury claim.
One of the most injuries to sustain from a pedestrian accident is a spinal cord injury. According to the Centers for Disease Control and Prevention (CDC), the number one cause of spinal cord injuries is motor vehicle accidents. In fact, 46 percent of spinal injuries occur from crashes. They also report that in 25 percent of the cases, alcohol is a major factor.