Most often, pedestrian accidents occur due to the negligence of the driver operating the vehicle involved. Common causes include:
Speeding - Drivers who fail to follow the speed limit are much less likely to be able to react to avoid pedestrians or stop before striking a pedestrian. Unfortunately, high-speed impacts are going to be devastating for pedestrians.
Distracted driving -Distracted driving entails any driving behavior that takes a driver’s attention off the roadway. This includes texting and driving. Distracted drivers have been increasing significantly over the last few years, particularly as technology becomes more and more integrated into our vehicles.
Disregarding weather or traffic conditions - Weather and traffic conditions can significantly alter the way the driver needs to operate their vehicle on the roadway. Drivers have a duty to operate their vehicles safely in accordance with the conditions on the roadway to protect pedestrians and other motorists.
Failing to signal while turning - Other drivers on the roadway, as well as pedestrians, depend on a vehicle operator using their turn signals appropriately. A turn signal lets everybody around a driver know their intention, and failing to properly signal before making a turn could result in catastrophic accidents involving seriously injured pedestrians.
Failing to yield the right of way to pedestrians at crosswalks - In nearly all circumstances, pedestrians have the right of way when there is a crosswalk present. Drivers must yield to pedestrians when there is a marked crosswalk or at an intersection.
Disobeying traffic signs or signals - If a driver fails to follow traffic signals or traffic signs, pedestrians will not be able to proceed safely in or around the roadway.
Driving under the influence of drugs or alcohol - Negligent drivers operating under the influence of alcohol or drugs are much more likely to strike pedestrians who are in or around to the roadway.
The driver’s negligence will need to be proven in order for them to be held liable and for the pedestrian to receive compensation for their injuries. If both the pedestrian and the vehicle’s driver share some of the blame, the driver will often still be responsible for giving some compensation. In this case, the pedestrian would need to be less than 50% at fault and their total compensation would be reduced by the percentage they are found to be at fault.
A qualified pedestrian accident lawyer can evaluate your claim and help explain your options. Our Austin pedestrian accident attorneys will seek maximum compensation from individuals at fault, and negotiate with insurance companies and fight for appropriate damages for the serious injuries that occurred in your accident.