What is a Pedestrian Accident?

A pedestrian accident occurs when a person on foot is struck by a motor vehicle. These accidents can happen in various settings, from busy urban streets to quieter residential areas. Pedestrian accidents are often severe due to the lack of protection for the person walking. Injuries can range from minor bruises to catastrophic head trauma or fatalities.

If you’ve been involved in a pedestrian accident, it’s essential to understand your rights and options for pursuing compensation for your injuries, medical bills, and other damages. At Loncar Lyon Jenkins, we help victims of pedestrian accidents fight for fair compensation, guiding you through the process and advocating on your behalf.

Common Locations for Pedestrian Accidents in Texas

Pedestrian accidents can happen anywhere, but certain locations are more prone to these types of accidents due to high foot traffic, traffic congestion, or a lack of safety infrastructure. In Texas, pedestrian accidents commonly occur in the following locations:

Urban Intersections

High traffic density and frequent pedestrian crossings make urban intersections some of the most dangerous places for pedestrians. These intersections often have a high volume of vehicles, and pedestrians may face challenges in crossing safely, particularly during rush hours or in areas with heavy vehicle congestion.

Downtown Areas

Downtown regions are bustling with both vehicle and pedestrian traffic, creating an environment where pedestrians may be at greater risk. The mix of traffic, construction zones, and poor visibility in certain areas increases the chances of accidents.

Near Public Transit Stations

Public transportation hubs, such as bus and train stations, are common areas where pedestrian accidents happen. Pedestrians often cross streets quickly or unexpectedly while heading to or from transit stations, sometimes without paying full attention to traffic.

Non-Intersection Areas

Pedestrian accidents can occur away from intersections, particularly in areas where crosswalks are not present, or where pedestrians may not expect vehicles to stop. Drivers may not anticipate pedestrians crossing in these areas, leading to accidents.

Mid-Block Crossings

Pedestrians crossing mid-block, without using designated crosswalks, may be harder for drivers to see. These unmarked crossings often contribute to accidents because both drivers and pedestrians may be less cautious in such situations.

Between Parked Cars

Pedestrians walking between parked cars can be difficult to spot for drivers. In these situations, pedestrians may step out suddenly into the path of a moving vehicle, leading to accidents.

Parking Lots and Driveways

Parking lots and driveways are other common locations for pedestrian accidents. Drivers may be distracted or not expecting pedestrians, leading to collisions when pedestrians are walking between parked cars or entering and exiting parking spaces.

Shopping Centers

Shopping centers and malls are crowded areas where pedestrians frequently interact with moving vehicles, especially in parking lots. With vehicles reversing, pedestrians walking in multiple directions, and busy parking lots, these areas can be dangerous for those on foot.

Residential Complexes

Pedestrian accidents can also happen in residential complexes or neighborhoods. Drivers may not be as vigilant in residential areas, and pedestrians may be walking near or in the street, increasing the risk of accidents.

Factors Contributing to Pedestrian Accidents in Texas

Several factors contribute to the high number of pedestrian accidents in Texas. Some of these factors are related to infrastructure, while others are linked to human behavior, including distracted driving and jaywalking.

High Traffic Volumes

Areas with high traffic volumes, such as busy intersections or urban streets, are more likely to see pedestrian accidents due to the sheer number of vehicles on the road and increased risk of collisions.

Rush Hour Congestion

Rush hour brings a significant increase in vehicle and pedestrian traffic, making it harder for pedestrians to cross streets safely. Drivers may be more focused on getting through traffic than on watching for pedestrians, leading to accidents.

Tourist Areas with Heavy Foot Traffic

Tourist areas often have high foot traffic, with pedestrians walking distracted or unfamiliar with the local area. This can lead to more pedestrian accidents, particularly in areas where there are limited or poorly designed pedestrian crossings.

Lack of Pedestrian Infrastructure

Absence of sidewalks, crosswalks, or pedestrian bridges in some areas makes it more dangerous for pedestrians to navigate busy streets. The lack of pedestrian-friendly infrastructure increases the likelihood of accidents.

Absence of Sidewalks

In rural or suburban areas, sidewalks may be absent or poorly maintained, forcing pedestrians to walk in the street, increasing the risk of an accident with a passing vehicle.

Inadequate Crosswalks and Signals

The lack of adequate crosswalks, pedestrian signals, and clear signage can create confusion for both drivers and pedestrians. Poorly marked crossings and confusing traffic lights are major contributing factors to accidents.

Driver and Pedestrian Behavior

Distracted driving is one of the leading causes of pedestrian accidents. Drivers who are texting, talking on the phone, or otherwise not paying attention to the road may not see pedestrians until it’s too late.

Jaywalking and pedestrian distraction (such as using a phone while walking) can also contribute to accidents, as pedestrians may step into traffic unexpectedly or without checking for oncoming vehicles.

Preventative Measures for Reducing Pedestrian Accidents

While pedestrian accidents are unfortunately common, there are several preventive measures that can reduce the risk of these accidents in Texas.

Improved Crosswalks and Pedestrian Signals

Installing better-marked crosswalks and pedestrian signals can make it easier for pedestrians to safely cross streets. These improvements can provide both drivers and pedestrians with clearer guidance on where and when to cross.

Audible Signals for Visually Impaired

Audible signals can help visually impaired pedestrians cross streets more safely by alerting them when it’s their turn to cross.

Countdown Timers

Countdown timers at traffic signals can help both pedestrians and drivers understand how much time is left to cross, reducing confusion and the likelihood of accidents.

Public Awareness Campaigns

Public awareness campaigns that focus on pedestrian safety and educate both pedestrians and drivers can reduce risky behavior and increase caution on the roads.

Pedestrian Safety Education

Promoting pedestrian safety education programs can help people become more aware of safe walking habits, such as using crosswalks and looking both ways before crossing.

Distracted Driving and Walking Initiatives

Distracted driving initiatives and walking campaigns can help reduce risky behaviors like texting while walking or driving, both of which are common causes of pedestrian accidents.

Enforcement of Traffic Laws

Strict enforcement of traffic laws, including penalties for distracted driving and speeding in pedestrian-heavy areas, can help prevent accidents.

Speed Limit Enforcement in High Pedestrian Areas

Speed limit enforcement in areas with heavy pedestrian traffic, such as near schools, shopping centers, and residential areas, can help prevent accidents by slowing down drivers.

Penalties for Distracted Driving

Stronger penalties for distracted driving can deter drivers from engaging in dangerous behaviors that put pedestrians at risk.

How the Pedestrian Accident Lawyers at Loncar Lyon Jenkins Can Help

If you’ve been involved in a pedestrian accident in Texas, the pedestrian accident lawyers at Loncar Lyon Jenkins understand the challenges pedestrians face when injured in accidents. Our legal team is dedicated to helping you recover the compensation you deserve for your injuries, medical expenses, lost wages, and pain and suffering.

Our experienced attorneys will:

Investigate your case thoroughly to determine the cause of the accident and gather evidence.

Work with insurance companies to ensure you receive the full compensation you are entitled to.

Advocate for you in court if necessary, fighting for your rights and holding negligent parties accountable.

Don’t Wait – Schedule Your Free Consultation Today!

At Loncar Lyon Jenkins, we offer free consultations to discuss your pedestrian accident case. Our goal is to make sure you understand your legal options and how to move forward. Don’t wait—contact us today to schedule your free consultation and take the first step toward securing the justice and compensation you deserve.

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7,388 people died in fatal pedestrian accidents in 2021. The National Highway Traffic Safety Administration (NHTSA) explains that this was a 13% increase in pedestrian deaths compared to 2020. The Texas Department of Transportation (TxDOT) noted a “dramatic rise” in pedestrian deaths in 2020, an alarming trend that indicates motorists are not using sufficient caution to avoid fatal pedestrian crashes.

More Risk Factors That Place Pedestrians at Risk of Injury and Death

In addition to being in an urban setting, being near roadways at night, and crossing the street at intersections, pedestrians fall victim to motor vehicle crashes because of:

Driver Impairment

According to the Centers for Disease Control and Prevention (CDC), approximately 47% of motor vehicle accidents resulting in a pedestrian death in a single year involved alcohol impairment of either the pedestrian or the driver. While intoxicated pedestrians take the blame for some accidents, intoxicated motorists pose a far greater danger, as they:

• May exercise poor judgment
• May fail to see pedestrians
• Have less control over their vehicle
• Are statistically more likely to cause a collision

Drunk driving is a hazard to all motorists and pedestrians on a roadway. However, pedestrians face a greater risk because they lack the protection a motor vehicle provides.

Driver Distraction

The Governors Highway Safety Association stated in its “Pedestrian Traffic Fatalities by State” that widespread smartphone use may be partially responsible for increased pedestrian accidents.

Common forms of distracted driving include:

• Texting
• Recording video and taking photographs
• Eating or drinking
• Engaging in conversations that take one’s attention off driving safely
• Taking one’s hand(s) off the wheel for any reason

When drivers are distracted, they may fail to brake or take other evasive maneuvers before hitting a pedestrian. This may increase the risk of catastrophic injuries.

Urbanization

Since pedestrian accidents are more likely in urban settings, the increasing size of urban areas comes with the added risk of pedestrian-involved collisions.

Low Visibility

Low visibility makes it more difficult for drivers to see pedestrians. Conditions that may diminish driver visibility include:

• Bad weather (including rain and fog)
• Nighttime
• A driver’s poor vision
• Poor lighting on roadways and adjacent walkways

While conditions like bad weather are outside of a motorist’s control, drivers can adapt their habits to poor driving conditions. Slowing down, turning on headlights, and increasing one’s distance from other vehicles are necessary measures when visibility is low.

Location

A pedestrian’s location may affect the likelihood that a motorist will strike them. For example, a high-density intersection with broken traffic signals and unclear markings may pose a great risk of pedestrian accidents.

Day of Week

Pedestrian fatality rates also jump during the weekend, especially during nighttime hours. Congestion may rise during these times as people socialize, especially at night. This socializing may also increase demand for taxis, rideshare vehicles, and food delivery drivers, increasing congestion in areas with heavy foot traffic.

How Drivers Can Avoid Pedestrian Accidents

While drivers and pedestrians on the same road can be a dangerous combination, drivers have the responsibility to drive in a way that avoids causing injury to anyone else on the roadway, including pedestrians. There are many ways in which drivers can reduce the risk of accidents with pedestrians, including:

• Proactively looking for pedestrians in crosswalks, on shoulders, and in other areas, especially during nighttime hours when it may be more difficult to spot them
• Stopping for pedestrians in crosswalks and at intersections
• Assuming that pedestrians will act in unpredictable ways (in other words, driving defensively)
• Not passing a vehicle that is stopped in front of a crosswalk, as pedestrians could be crossing outside of the motorist’s line of sight
• Reducing their speed in areas where pedestrians may be present
• Being particularly careful when passing through a crosswalk
• Avoiding drunk driving, drugged driving, drowsy driving, or driving in any other state that makes the motorist a danger to others
• Obeying the speed limit
• Avoiding distractions

Unfortunately, many drivers disregard or underestimate their responsibility to drive safely. This lack of regard for others can result in serious pedestrian accidents that can cause severe injuries or even death.

If a motorist is negligent and harms a pedestrian, the pedestrian may be entitled to compensation for the damages they sustained, including:

• Past and future medical bills
• Lost wages
• Lost earning capacity if the victim is unable to return to any work or the same line of work
• Pain and suffering
• Treatment for pain and suffering
• Any accident-related property damage

Injured pedestrians can discuss their potential damages and their legal rights with a personal injury lawyer. An attorney will identify liable parties, document and calculate your damages, and lead the fight for your financial recovery in Texas.

Contact Loncar Lyon Jenkins Today for a Free Consultation About Your Pedestrian Accident

Now that you know what pedestrians are most at risk, you can find out what these risk factors may mean for your pedestrian injury claim.

The team from Loncar Lyon Jenkins can answer any questions you have about filing a claim. We will determine whether another person’s negligent behavior makes them legally liable for your damages. Call Loncar Lyon Jenkins today for your free consultation.

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The law is clear, but unfortunately the facts are difficult to prove when a pedestrian is hit by a vehicle in a crosswalk, especially when it comes to disagreements of the situation, such as what color the light was. It often becomes one person’s word against another if each opposing party is saying they had a green light (or walk signal) when they entered the intersection. In such instances, it may come down to who had “control” of the intersection, or was mostly in the intersection first, to determine legal liability. This means taking photos as soon as possible and getting as much information as possible, like names of people at the scene who may have witnessed the event. If you are injured, it will be a more difficult road, but hopefully you can get help early on.

Attend to Your Health

It can be a vital question to ask, “What happens if I get hit in a crosswalk?” The answer is first to attend to your own health as much as possible, and then ensuring that your medical care is well-financed by the party who hit you. Legal damages may cover such expenses as:

• Medical bills (past and expected future expenses)
• Missed bonuses, wages, or earnings
• Diminished earning potential
• Pain and suffering

Knowing that a professional legal team is focusing on getting you compensation for your injuries while you heal can be a boon to your health.

Ultimately, it can be difficult to initially tell what the chances are that your case will be successful early on if you were hit in a crosswalk. You could have medical bills piling up at the inconvenient time that you are also unable to make the same amount of income due to a new disability. Whether or not this disability is temporary, we can help you get the legal help that you need to appropriately match your suffering and medical costs.

The scenarios after getting hit in a crosswalk often boil down to a lawsuit, decided by a jury of your peers, as well as the shadow this process casts over the insurance claims process. Insurance adjusters are well aware of what jury verdicts for similar cases in your area have been in the past, and they may try to get you to agree to a low settlement offer. However, you should avoid speaking to any insurance agents on your own—direct them to your lawyer instead.

The Dangers of Texas Sidewalks

Texas laws on pedestrian rights (found in Section 552 of the Texas Transportation Code) are clear and concise, detailing when a pedestrian can and cannot walk through an intersection. But pedestrians are still hit in Texas at an alarming frequency. According to the Texas Department of Transportation, in 2018 alone, 626 pedestrians were killed by vehicles in the streets of the Lone Star State. This alarming figure is equivalent to between one and two per day.

As pedestrians are so unprotected, there are many ways a car can end a pedestrian’s life. Texas roads are not typically constructed with any kind of a barrier between the cars and where people are supposed to walk. There are frequent areas where people either have to backtrack significant mileage to get to a crosswalk, or cross over illegally to the other side. When people may make this risky choice that can save time, it may mean running across the street by a sharp or blind corner. There are myriad reasons a person might be killed on the road in Texas, and contributing factors can include:

• Distracted driving
• Slippery roads
• Excess speed
• Drowsy driving
• Intoxicated or drunken driving
• Dark conditions with no street lights
• Poor visibility due to inclement weather
• Simple driver error
• Punitive damages in cases of intentionality or intoxication

These are some of the situations in which a pedestrian is at elevated risk of being hit by a car.

At night, the hazards for pedestrians are exponentially greater. If you find yourself having to walk in low-light conditions, such as at dawn or dusk, it is extremely advisable that you use reflectors, bright clothing, or lights. Texas highways were designed with cars in mind, less-so for pedestrians.

Background on How Liability Works in Texas

Texas is a shared liability state, meaning that you can still collect compensation for an injury even if you are partially at fault. According to Texas Statue § 33.001, as long as you are under 50% at-fault for your injuries, there are plausible financial and legal strategies to seek payment.

For example, if you were jaywalking at the time of the accident, but you had command of the roadway and should have been seen by a reasonable driver, it may be determined that you bear a portion of the fault. As long as you are deemed less than 50% at fault, you can still receive compensation, but it will be reduced by the same percentage for which you are found at fault.

Contact Loncar Lyon Jenkins Today

Ultimately, you do not have long to act if you get hit in a crosswalk. Loncar Lyon Jenkins represents people who were walking and got hit by a car, and we do not charge our clients until after we win compensation. Call us today for your free consultation at +1 214 747 0422.

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