Some common causes of pedestrian accidents are: 

• Alcohol. Though it’s well known that drunk drivers are a danger to pedestrians, many fatal crashes involve an intoxicated pedestrian. 
• Distracted drivers. If a driver going 30 mph on a residential street looks away from the road for two seconds, they travel 90 feet blind. 
• Speeding. At higher speeds, it takes longer to stop a vehicle. That increases the chance of hitting a pedestrian. A pedestrian hit by a car traveling at a higher speed is much more likely to be killed.

Failure to yield right of way. Texas drivers must yield the right of way to a pedestrian in a crosswalk, or when the vehicle is pulling into or out of a driveway or alley.

What if the Pedestrian Was at Fault?

In some pedestrian accident cases, the pedestrian is partly at fault. This could mean crossing in the middle of the street, weaving into traffic while walking under the influence, or any other careless act. If the pedestrian did anything wrong, the insurance company will likely claim that the driver wasn’t responsible. The truth is that more than one person can be responsible. 

Imagine that a pedestrian steps into the street mid-block instead of using the crosswalk. Then, they are hit by a driver who is going 42 mph in a 30 mph zone. Texas law requires a pedestrian to use a crosswalk when available. If there is no crosswalk, they must give the right of way to cars. The pedestrian didn’t follow those traffic safety rules, which is negligent. But, the driver was also negligent. He violated a traffic law by speeding. In other words, both were negligent.

The injured pedestrian may still be able to recover some damages. The amount they receive will be reduced by what percentage of the blame falls on them. For instance, if the jury finds the pedestrian 25% responsible, they will only receive 75% of their damages. If the injured person is more than half responsible, they can’t get any compensation from the driver.

First Steps after Being Hit by a Car

Being hit by a car can cause very serious injuries. So, the very first thing you should do is take stock of how badly hurt you are. Everything else you do right after the accident depends on your injuries. If you’re able, call 911 to report the accident and get medical help. 

There are a few things you can do at the scene to protect your claim, but only if it’s safe. If you have any doubt about whether you are well enough to move around, don’t. Wait for the paramedics. 

If you are well enough:

• Get the driver’s insurance information
• Take pictures or video of the scene
• Get contact information from any witnesses
• Look for any street cameras or security cameras that may have caught the accident

Your first priority should be to make sure you get the medical care you need. If you’re not sure how seriously you’ve been hurt, don’t wait and see. Motor vehicles weigh thousands of pounds and your body is no match for that. 

Once you get checked out, it’s important to follow the doctor’s instructions. Get any tests they order, go to physical therapy if recommended, take any prescribed medications and make sure you keep your follow-up appointments. Neglecting your care can damage your health and your pedestrian accident claim.

Your very next step should be to talk to an experienced pedestrian accident attorney. You may feel like you already have too much going on, with your medical care and recovery. And, you may know that you have two years to file most personal injury claims in Texas. But, there are good reasons not to wait. For instance:

• If you don’t hire a lawyer right away, evidence may be lost by the time you get started
• The insurance company will be looking for a statement from you, and you’re better off to let your attorney handle them
• Witnesses get harder to find over time, and remember less
• Handing your claim off to a qualified lawyer can reduce stress and let you focus on your recovery