Pedestrian accidents and fatalities have been a concern in San Marcos, Texas in recent years. The city is one of the most dangerous in the United States, with the Texas Department of Transportation (TxDOT) reporting that pedestrian fatalities account for one in six serious traffic accident incidents every year. The city’s two pedestrian fatalities per 100,000 residents per year is also one of the highest rates in the state, with TxDOT reporting that these numbers are rising every year.
With such concerning numbers, every road user must know how to keep themselves safe and what to do in the unfortunate event that they are involved in an accident. They also need to understand how to work with a pedestrian accident attorney to recover damages for their injuries.
Why Pedestrian Accidents Happen in San Marcos, Texas
According to TxDOT, pedestrians are more likely to sustain fatal or severe injuries compared to motorcyclists, drivers, and passengers. One of the most prevalent causes of pedestrians being struck by vehicles in the state is distracted driving.
The increasing use of mobile phones by drivers, especially on highways and high-traffic areas, is a major concern, with incidents of these and other types of distractions increasing the risk and number of pedestrian injuries and fatalities. Any pedestrian injured due to the actions of a distracted driver has a right to seek compensation, and the best action is to contact a pedestrian accident law firm to get started with filing a claim or lawsuit.
Another common cause of these types of incidents is pedestrian behavior. These include jaywalking and crossing the street outside of designated crosswalks, failure to obey traffic signals, distractions, and walking on the road in areas where sidewalks are available.
Environmental factors like poor weather and visibility, inadequate sidewalks, road design, and lack of marked or visible walkways are also contributory factors.
What to Do Following a Pedestrian Accident
If you are injured as a pedestrian in a traffic incident, you should take the necessary actions to receive help and seek damages with the help of a pedestrian hit by car lawyer.
Before talking to an attorney or calling anyone else, you should focus on getting yourself to a safe area. This includes moving away from the road because other drivers might not know there is an accident ahead and might not slow down.
Once you are safe, the next step is to call 911. This is important for starting the reporting process and getting emergency medical workers on the scene to assess your injuries.
If you are well enough to do so, you should document the scene by taking photographs and recording videos. While doing this, capture damage to your vehicle and the car that struck you.
Also, record the environment to capture structures like the road and traffic lights, as this might prove invaluable when seeking or working out the damages.
You should also gather contact information from the driver and witnesses. If possible, ask the witnesses to record a statement for you on your phone. While these videos or audio statements might not be admissible in court, they will help with the negotiation process by going some way into proving liability and the course of events.
Importantly, do not admit liability to the other parties, the police, or anyone else. Even a simple “sorry” can be taken as an admission of liability, so refrain from talking to the other driver or other parties unless it is to seek or provide any required information.
The next step is calling a San Marcos pedestrian accident lawyer to represent you and deal with everything on your behalf.
Understanding Your Rights and Determining Liability
To determine liability (who is at fault or who will be held liable) in a traffic accident involving a pedestrian, you should first understand your rights. As a pedestrian, you have the right of way in marked and unmarked intersections where there are no traffic control signals. However, always remember to follow traffic signals because failure to do so could make you liable. That said, it is always best to talk to a pedestrian accident injury attorney in San Marcos, Texas before assuming the party is at fault.
Pedestrians are also required to use sidewalks where available. If there are no sidewalks present, you should always walk on the left side of the road facing traffic. Besides being the proper law to follow, it also allows you to see incoming traffic so you can take action quickly in cases such as when a car swerves off the road.
When determining if you have a case for damages, your pedestrian accident lawyer TX will consider a few things. The first is pedestrian fault. If you are at fault for the accident by, for example, not yielding to vehicles when crossing the road or jaywalking, it can be difficult to prove liability.
The second factor to consider is the driver’s fault. This driver is almost always at fault for pedestrian injuries. Failure to yield, not following traffic laws or other negligent actions makes the driver liable.
In rare cases, the driver and pedestrian might share responsibility. In cases where mutual respect and caution are breached, accidents that occur can be the fault of both parties.
Drivers will always try to make it your fault or force shared responsibility in case of pedestrian accidents. Do not argue, and do not engage. Get in touch with a pedestrian accident attorney San Marcos TX so you can have a lawyer sort everything out on your behalf.
As you do this, always remember to give the police a detailed report and account of what happened to make seeing compensation for your damages easier.
Why You Should Hire an Attorney Following a Pedestrian Accident
Hiring an attorney stops you from admitting liability. Let your crosswalk accident attorney represent you in all cases, apart from when talking to the doctor or medical personnel.
Second, your attorney can help you get the settlement you deserve. Professionals and experienced attorneys will talk to the other party, their insurance, and their attorneys to make sure you get the best settlement possible. They have experience in dealing with these matters, so hire a top personal injury attorney and let them represent you.
As a pedestrian, you should know your rights, how to keep yourself safe, and what to do in case of an accident. After getting medical attention, contact a personal injury law firm like Karns & Karns Personal Injury and Accident Attorneys. Our attorneys are always standing by to hear your case through our free consultation agreements.
Our top personal injury attorneys have recovered hundreds of millions of dollars for our clients. You can visit our offices or call us at 1-800-4THE-WIN (1-800-484-3946) to discuss your accident and damages and start the process of getting the compensation you deserve.
