Does a Car or Pedestrian Have the Right-of-Way in Texas?
It’s often believed that pedestrians have the right-of-way in every situation. The reality is that this is not always the case. In Texas, there are some situations in which cars have the right-of-way over pedestrians. Keep reading to learn more.
If you’ve been involved in a pedestrian accident, reach out to a skilled Texas pedestrian accident lawyers at The Law Giant, Personal Injury & Accident Lawyers. The Law Giant can inform you of your legal options and ensure your rights are protected. Call (866) 523-4167, or reach out through the online form to schedule a free, initial consultation of your case.
When Pedestrians Do Not Have the Right-of-Way
We are taught to look both ways before we cross the street when we’re young. If pedestrians always had the right-of-way, there would be no reason to do this. In Texas, there are a number of situations where pedestrians are required to yield to cars.
When a sidewalk is available, pedestrians must use it and cannot walk on the road. Pedestrians are required to wait until crosswalks with signals direct them to walk. Even if there are no cars approaching, they need to cross the street until they receive the go-ahead.
As soon as the signal indicates to wait or stop, pedestrians must make it to the other side as fast as they can, or go to a safety island in the middle of the road. The law requires them to go to whichever location is closest.
Additionally, it is the legal duty of pedestrians to yield to cars on highways at all times. In short, Texas law states that cars and pedestrians must share the road. Pedestrians and cars are both required to exercise a reasonable amount of care for others.
Yielding Laws for Drivers
Although there are situations in which pedestrians are required to yield to cars, it’s important for drivers to understand that many pedestrians are not aware of these regulations. To ensure everyone’s safety, motorists should drive with extra caution when they are near pedestrians. They are required to yield to pedestrians and other cars when they are entering a road from a private building, driveway, or path.
In addition, they must stop for pedestrians when they are approaching a car’s half of the road from the other side. Unfortunately, this leads to driver confusion, because many drivers assume that pedestrians are always required to cross at marked walkways.
What To Do If Hurt as a Pedestrian
Pedestrians often forget that they may be eligible for financial compensation because it is more common to receive money when you are driving in a car. However, there are many instances that occur where you should contact a personal injury lawyer and try to get compensation.
Location
If you were hit by a car while walking on a sidewalk or area where people are supposed to be safe you may be eligible for compensation. Think about where you were walking when you got hit by a car or got injured. If you were walking on a parking lot, sidewalk or trail you should contact a lawyer immediately. Take a picture of the location and document as much as you can. This gives your lawyer more information and makes a better case.
Injuries
Document all the injuries that occur from a pedestrian injury. Show this list of pictures and documentation to you lawyer. Compile all your medical bills to get the exact amount of money you deserve. Check for bruises or broken bones quickly after the accident occurs. If you are dazed or feel hurt after the accident it is important to document everything. Many people experience mental problems after an accident as well. If you have to speak with a therapist or mental specialist then you should also contact a lawyer.
Death
If you know someone who dies because of a pedestrian accident it is important to get compensation. The grieving process is difficult, but you always want to make sure you get all the compensation necessary as quickly as possible. Some people try to get away from paying damages after they kill someone who was walking. Lawyers are there to make sure this doesn’t happen. Families of the diseased individual deserve money for the death of their loved one.
Intentions
You may still be eligible for compensation if the person didn’t have bad intentions when they hit you with their car. Some people feel bad suing another person if it was clearly an accident, but you want to get compensation for all your medical bills if you get injured as a pedestrian. Don’t think that it was your fault because you were walking across the street where cars are driving. Contact a lawyer even if you think the driver was doing the best they could to avoid you.
How To Prevent Pedestrian Accident Injuries
There’s a good chance if you get hit by a car or other vehicle while walking across the street, that you are eligible for compensation. Pedestrians are almost never considered negligent, so if you do get injured while walking then you can sue the other party and receive compensation for your damages. Of course, it’s always better to stay out of the hospital and avoid any injuries that might occur when getting hurt by a car.
Always Look for Traffic When You Are Walking
It’s common nowadays for people to look at their phones or stare at the ground when walking on the sidewalk or on the road. This is one of the worst things you can do considering that pedestrians can actually avoid accidents themselves. Always keep your eyes on the road when walking along the sidewalk if you see a car that is swerving between lanes, you might consider walking down a side street to avoid this vehicle. Walking down a sidewalk puts you at risk from behind. Consistently check behind you, or consider walking against traffic in order to see the vehicles that are coming towards you.
Walk Down Side Streets
You immediately decrease your chances of getting hit by a car if you avoid busy streets. Almost every route you can take as an alternate street with fewer cars and fewer possibilities of accidents. Learn the area and find the best side streets that you can walk down in order to avoid high-traffic areas. If there are fewer cars then you can assume you have a smaller chance of getting hit by one.
Walk With Multiple People
When you walk with multiple people you increase the eyes looking at the road. If someone is talking on the phone and the other person can analyze the road and make sure it’s safe to cross or notice a car that might be heading for the sidewalk. Use the buddy system in order to stay safe while walking on the sidewalk or crossing the street. You can’t go wrong with too many people.
Why You Need the Help of a Personal Injury Lawyer
Right-of-way laws that involve cars and pedestrians can be complicated in Texas. For this reason, it’s important to consult a Texas pedestrian accident lawyer if you’ve been injured in a pedestrian accident.
An attorney can perform a thorough investigation of your case and determine fault. If you are not liable for the crash, they can build a strong case that proves why it was the other party’s responsibility.
Since insurance companies are known to offer low settlements after pedestrian accidents, a lawyer can also negotiate with the liable party’s insurer to ensure that you receive the fair compensation deserve. This can be used to pay for your medical bills, lost wages, pain and suffering, and any other damages you may have sustained.
Contact The Law Giant for Help
If you’ve been hurt in a pedestrian accident are unsure of who may be at fault, it is in your best interest to call an experienced Texas pedestrian accident lawyer at The Law Giant, Personal Injury & Accident Lawyers right away. We are well-versed in Texas right-of-way laws and have a track record of successfully representing those that have suffered injuries after a pedestrian accident.
Call us at 866-523-4167 today, or reach out via our online form to schedule a free case consultation.