Category: Pedestrian Accidents

The What and How of Seeking Compensation for Distracted Driving Accidents in DFW in 2024

Monday, January 15, 2024

In today’s fast-paced world, distracted driving is a prevalent issue that can lead to devastating accidents. As technology continues to advance, so does the potential for driver distractions. If you’ve been involved in a distracted driving accident in the Dallas-Fort Worth area in 2024, seeking compensation is your right.

When it comes to navigating the legal process and seeking the compensation you deserve, understanding the “what” and “how” is essential. From gathering evidence to negotiating with insurance companies, this article explores the key steps you need to take to seek compensation for a distracted driving accident in DFW in 2024.

We understand that the aftermath of an accident can be overwhelming, and that’s why we’ve compiled this guide to provide you with the information you need to protect your rights. Whether you were a pedestrian, cyclist, or another driver involved in the accident, knowing the necessary legal procedures can make a significant difference in your case’s outcome.

Don’t let a distracted driving accident turn your life upside down. Read on to learn the ins and outs of seeking compensation and find the justice you deserve.

Understanding the concept of seeking compensation for accidents

When it comes to seeking compensation for a distracted driving accident, it’s important to understand the concept and how it applies to your specific case. Seeking compensation means pursuing financial reimbursement for the damages and losses you have suffered as a result of the accident. This can include medical expenses, property damage, lost wages, pain and suffering, and more.

To seek compensation, you will need to establish that the other party involved in the accident was negligent and that their negligence directly caused the accident and your injuries. Negligence refers to a failure to exercise reasonable care while driving, such as using a cellphone, eating, or engaging in any other activity that diverts attention from the road.

Types of distracted driving accidents in DFW

Distracted driving accidents can take various forms depending on the nature of the distraction. In the Dallas-Fort Worth area, some common types of distracted driving accidents include:

1. Cellphone use: This includes talking, texting, or using any smartphone applications while driving.

2. Eating or drinking: Taking your hands off the wheel to eat, drink, or reach for food can lead to accidents.

3. Grooming: Applying makeup, fixing hair, or any other form of grooming while driving can be dangerous.

4. Navigation systems: Adjusting GPS devices or using other navigation systems can cause distractions.

5. Talking to passengers: Engaging in conversations with passengers that divert your attention from the road.

6. Daydreaming: Allowing your mind to wander and lose focus on driving can lead to accidents.

The role of negligence in distracted driving accidents

To seek compensation for a distracted driving accident, you need to establish that the other party was negligent. Negligence in a distracted driving accident means that the other driver failed to exercise reasonable care, resulting in the accident and your injuries.

To prove negligence, you will need to demonstrate the following elements:

1. Duty of care: The other driver had a legal duty to operate their vehicle safely and without distractions.

2. Breach of duty: The other driver breached their duty of care by engaging in distracting behavior while driving.

3. Causation: The distracted driving directly caused the accident and your injuries.

4. Damages: You suffered actual damages as a result of the accident, such as medical expenses or lost wages.

Steps to take immediately after a distracted driving accident

After a distracted driving accident, taking the right steps can significantly impact your ability to seek compensation. Here are the key steps you should take immediately following the accident:

1. Seek medical attention: Your health and well-being should be the top priority. Seek medical attention even if you don’t have visible injuries, as some injuries may not be immediately apparent.

2. Contact the authorities: Call the police to report the accident and ensure that an official report is filed. This report will be crucial when seeking compensation.

3. Gather information: Collect the contact information of the other driver involved, as well as any witnesses. Take photos of the accident scene, the vehicles involved, and any visible injuries.

4. Notify your insurance company: Contact your insurance company to report the accident and provide them with all the necessary information. However, avoid giving a detailed statement until you have consulted with an attorney.

5. Consult with a personal injury attorney: It’s essential to seek legal advice from a personal injury attorney who specializes in distracted driving accidents. They can guide you through the legal process and protect your rights.

Gathering evidence to support your compensation claim

To strengthen your compensation claim, gathering sufficient evidence is crucial. This evidence will help establish the other party’s negligence and the extent of your damages. Here are some key types of evidence you should collect:

1. Accident scene evidence: This includes photographs of the accident scene, skid marks, traffic signs, and any other relevant physical evidence.

2. Witness statements: Obtain statements from any witnesses who saw the accident occur. Their testimonies can support your version of events.

3. Medical records: Keep a record of all medical treatment and related expenses. This includes hospital bills, doctor’s reports, diagnostic tests, and receipts for medications.

4. Lost wages documentation: If your injuries caused you to miss work, gather documentation from your employer that shows your lost income.

5. Expert opinions: In complex cases, it may be necessary to consult with experts such as accident reconstruction specialists or medical professionals to provide their opinions on the accident and your injuries.

Calculating the damages in a distracted driving accident case

When seeking compensation, it’s important to understand the different types of damages you may be entitled to. Damages can be divided into two categories: economic and non-economic.

Economic damages are tangible losses that can be easily calculated, such as medical expenses, property damage, and lost wages. Non-economic damages, on the other hand, are subjective and more challenging to quantify. These include pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium.

To calculate economic damages, gather all relevant documentation such as medical bills, receipts, and pay stubs. Non-economic damages are often calculated using a multiplier based on the severity of your injuries and the impact they have had on your life.

The legal process of seeking compensation in DFW

The legal process of seeking compensation for a distracted driving accident in DFW can be complex. It typically involves the following steps:

1. Filing a claim: Your personal injury attorney will help you file a claim with the at-fault driver’s insurance company. This claim should outline the damages you are seeking and provide supporting evidence.

2. Negotiation: The insurance company may offer a settlement to resolve the claim. Your attorney will negotiate on your behalf to ensure you receive fair compensation for your injuries.

3. Litigation: If a fair settlement cannot be reached, your attorney may advise filing a lawsuit. This involves initiating legal proceedings and presenting your case in court.

4. Trial and verdict: During the trial, both sides will present their arguments and evidence. The jury or judge will then determine the verdict and any compensation awarded.

Hiring a personal injury attorney for your case

Navigating the legal process of seeking compensation for a distracted driving accident can be challenging, especially when dealing with insurance companies and complex legal procedures. Hiring a personal injury attorney with experience in distracted driving accidents can significantly improve your chances of success.

A knowledgeable attorney will handle all aspects of your case, from gathering evidence and negotiating with insurance companies to representing you in court, if necessary. They will ensure that your rights are protected, and you receive the compensation you deserve for your injuries and losses.

Conclusion

Don’t let a distracted driving accident turn your life upside down. Seeking compensation for a distracted driving accident in the Dallas-Fort Worth area in 2024 is your right. Understanding the necessary legal procedures and taking the appropriate steps can make a significant difference in your case’s outcome.

Remember to gather evidence, consult with a personal injury attorney, and seek medical attention immediately after an accident. With the right support and guidance, you can navigate the legal process and seek the compensation you deserve. Let justice prevail, and ensure that distracted drivers are held accountable for their actions.

Posted by Aaron Herbert at 9:24 am

Navigating Pedestrian Laws: Is Jaywalking Really Illegal in Texas?

Friday, August 11, 2023

Whether you’re rushing to catch the bus or simply looking to save a few extra seconds, jaywalking is a common practice for pedestrians in cities across the United States. But is jaywalking really illegal in Texas? This seemingly innocuous question has raised debates and confusion among both locals and visitors alike. In this article, we aim to shed light on the subject and provide clarity on Texas’ pedestrian laws.

While it is true that jaywalking is generally considered illegal in most states, Texas has its own unique approach to this issue. Understanding the intricacies of the law is crucial to avoiding unnecessary fines and ensuring pedestrian safety. We will delve into the specifics of jaywalking laws in Texas, including when it is considered illegal and the potential consequences that come with it.

As we navigate through the legal maze surrounding jaywalking in Texas, we will also address common misconceptions and offer tips on how pedestrians can stay safe while crossing the street. So, whether you’re a Texan looking to brush up on the laws or a visitor seeking to avoid any legal trouble, join us as we explore the regulations surrounding jaywalking in the Lone Star State.

What is jaywalking?

Jaywalking refers to the act of crossing a street illegally or in a manner that disregards traffic signals. Typically, it involves crossing a street at a location other than a designated crosswalk or against a traffic signal. While jaywalking is generally considered illegal in most states, Texas has its own unique approach to this issue.

Is jaywalking illegal in Texas?

The answer to this question is not as straightforward as one might think. In Texas, jaywalking is generally illegal, but the laws surrounding it can vary depending on the circumstances. According to Texas law, pedestrians must obey traffic signals and use crosswalks when available. However, the absence of a crosswalk does not automatically make crossing the street illegal.

In Texas, pedestrians are allowed to cross the street at any point if they yield the right of way to vehicles. This means that as long as it is safe to do so, pedestrians can legally cross the street even if there is no designated crosswalk. However, it is important to note that pedestrians must exercise caution and ensure that they do not disrupt the flow of traffic.

Consequences of jaywalking in Texas

While jaywalking may not always result in a ticket, there can still be consequences for those who choose to cross the street illegally. In Texas, jaywalking is considered a Class C misdemeanor, which can carry a fine of up to $200. Additionally, jaywalking can also increase the risk of accidents and injuries, making it crucial for pedestrians to follow the law and prioritize their safety.

Exceptions to jaywalking laws

While jaywalking is generally illegal in Texas, there are certain exceptions to the rule. For example, emergency situations may warrant crossing the street outside of a designated crosswalk. Additionally, pedestrians who are directing traffic or working in construction zones may be exempt from jaywalking laws. It is important to note, however, that these exceptions are limited and should not be taken advantage of.

Pedestrian safety tips

Regardless of the legalities surrounding jaywalking, pedestrian safety should always be a top priority. To stay safe while crossing the street in Texas, here are some tips to keep in mind:

1. Use designated crosswalks whenever possible.

2. Wait for the walk signal before crossing the street.

3. Look both ways before crossing and make eye contact with drivers.

4. Avoid using electronic devices while crossing the street.

5. Stay visible by wearing bright or reflective clothing, especially at night.

By following these safety tips, pedestrians can reduce the risk of accidents and ensure their own well-being.

Enforcing pedestrian laws in Texas

Enforcing pedestrian laws is an important part of maintaining safety on the streets of Texas. Law enforcement officers play a crucial role in ensuring that pedestrians and drivers alike follow the rules of the road. However, it is worth noting that enforcement of jaywalking laws can vary depending on the jurisdiction and the priorities of local law enforcement agencies.

Who is Liable When a Car Hits a Pedestrian? 

The answer to this liability question lies solely in context. A pedestrian that knowingly jaywalks, or otherwise acts in a reckless manner, do not receive protection under Texas law. This is because pedestrians only possess right-of-way privileges at intersections and marked crosswalks. However, if a car collides with a pedestrian while they are lawfully crossing an intersection, the driver will most likely possess liability. Crossing the street as a pedestrian can be extremely dangerous in Texas. State-established crosswalk rules are meant to prevent accidents, especially because they can be fatal to unprotected pedestrians. When jaywalking means risking liability and safety when facing a car accident, the wisest decision remains to wait for a crosswalk before crossing the street.

Public perception of jaywalking

Public perception of jaywalking can vary widely. Some people view it as a minor offense that should be overlooked, while others see it as a serious safety concern. Ultimately, public perception can influence the enforcement of jaywalking laws and the attitudes of pedestrians towards following those laws. It is important for individuals to understand the potential risks and consequences associated with jaywalking, regardless of public opinion.

Comparing pedestrian laws in other states

While this article focuses on the pedestrian laws specific to Texas, it is worth noting that other states may have different regulations. In some states, jaywalking is strictly enforced and can result in significant fines, while in others, it may be less of a concern. If you are traveling to a different state, it is always a good idea to familiarize yourself with the local pedestrian laws to avoid any legal trouble.

Conclusion

In conclusion, jaywalking is generally considered illegal in Texas, although the laws surrounding it are not as strict as in some other states. Understanding the nuances of these laws is crucial for both pedestrians and drivers to ensure safety on the roads. By following the rules, exercising caution, and prioritizing pedestrian safety, we can all contribute to a safer and more harmonious environment for everyone on Texas streets. So, next time you find yourself wanting to jaywalk, remember to think twice and make the safer choice.

Posted by Aaron Herbert at 7:52 am

I Got Hit By a Car While Walking | What to Do

Friday, February 17, 2023
I Got Hit By a Car While Walking | What to Do

As a pedestrian, you assume you’re relatively safe walking to your destination. Unfortunately, accidents can happen even when you watch for vehicles and follow all laws.

If you were in a pedestrian accident, you are probably wondering, What do I do if I got hit by a car while walking?

If you are considering pursuing a legal claim after a pedestrian accident, the Law Office of Aaron Herbert is here to help you. 

What to Do After a Pedestrian Accident

Getting hit by a car while walking can be a traumatic and life-altering experience. It can lead to physical, emotional, and financial stress. While it can be challenging to think straight right after a pedestrian accident, there are a few steps you can take to help you recover compensation.

Here is what to do after a pedestrian accident:

  • Contact the police. If you were struck by a car, you must contact the police. The police will create an accident report, which will be helpful when filing a personal injury claim.
  • Gather information. Get the driver’s contact and insurance information, as well as the make and model of their car. If there were any witnesses to the accident, get their contact information.
  • Document the accident. Take photos of the accident scene and any visible injuries you have sustained. These photos can help you support your claim. 
  • Seek medical attention. Even if you feel okay, seeing a doctor as soon as possible after a pedestrian accident is vital. Some injuries may not show up immediately, and you might need diagnostic tests to rule out any internal injuries. 
  • Contact your insurance company. If a negligent driver strikes you, it’s important to notify the driver’s insurance company as soon as possible. You could be eligible to receive compensation for your medical expenses and lost wages by filing an insurance claim.

Common Injuries After Being Hit by a Car

Pedestrian car accidents can result in severe and life-altering injuries, some of which may require extensive medical treatment and rehabilitation. Here are some of the most common injuries after being hit by a car.

Head Injuries

Head injuries are a common type of injury in pedestrian accidents. They can range from mild concussions to more severe injuries such as skull fractures, brain swelling, and bleeding.

A head injury can have long-term effects, including memory loss, difficulty speaking, and cognitive impairments.

Spinal Cord Injuries

Spinal cord injuries are typically devastating as they can result in permanent paralysis and profoundly impact a person’s quality of life.

Fractures and Broken Bones 

Because cars are so much larger than a pedestrian and can generate a great deal of force, victims of pedestrian accidents often suffer broken bones. Some of the most common fractures that occur in these types of accidents are fractures in the arms, legs, and ribs.

Soft Tissue Injuries

Soft tissue injuries can also occur in pedestrian accidents, such as sprains, strains, and bruises. These injuries can be very painful, and many victims require physical therapy and rehabilitation to recover.

Internal Injuries 

Pedestrian accidents can result in internal bleeding, organ damage, punctured lungs, and other types of internal injuries. These types of injuries can be life-threatening and require immediate medical attention.

Vehicle Vs Pedestrian Accident Law in Texas

In Texas, a vehicle’s driver must exercise due care to avoid colliding with a pedestrian. Under vehicle vs pedestrian accident law in Texas, a driver must yield the right-of-way to a pedestrian crossing a roadway in a marked or unmarked crosswalk.

Additionally, a driver must stop and remain stopped to allow a pedestrian to cross the street within a marked or unmarked crosswalk.

If a driver negligently causes a pedestrian accident, they may be liable for any damages the pedestrian suffers. Damages in a pedestrian accident case can include medical expenses, lost wages, pain and suffering, and personal property damage. 

Even if a pedestrian is partially responsible for causing an accident, they might still be able to recover compensation. Texas follows a rule called modified comparative negligence.

That rule allows a plaintiff to recover some compensation even if they were partially at fault for their accident. However, their compensation will be proportionally reduced by their percentage of fault.

For example, if a jury finds a pedestrian 10% at fault for their accident, they would receive 90% of their damages, not 100%. 

Texas follows a modified comparative negligence standard with a 51% bar rule. That means that if the pedestrian is 50% or less at fault for an accident, they may still recover damages from the driver who hit them.

However, if a pedestrian is 51% or more at fault, they can not recover any damages. 

Why Hire a Pedestrian Hit-by-Car Lawyer?

An experienced Texas pedestrian hit-by-car lawyer can help you fight for maximum compensation. Your lawyer will: 

  • Thoroughly investigate the accident, gather and preserve evidence, and interview witnesses; 
  • Handle all communication with the insurance company and the driver’s defense lawyer;
  • Negotiate a potential settlement on your behalf;
  • Meet all legal deadlines and adhere to all applicable court rules; 
  • File a lawsuit on your behalf and represent you at trial if necessary;
  • Hire necessary experts to solidify your case;
  • Ensure you have access to medical care; and
  • Review all settlement documents, pay any liens, and help expedite the receipt of your compensation. 

Pedestrian accidents often involve complex aspects of personal injury law, which is why you need an experienced Texas pedestrian accident lawyer on your side. 

Contact a Texas Pedestrian Accident Lawyer 

As you can see, knowing the answer to the question “what do I do if I got hit by a car while walking” is only the first step towards getting the compensation you deserve for your injuries.

The Law Office of Aaron Herbert can help you hold the driver who hit you accountable. Aaron Herbert is a tenacious fighter who takes the time to understand the unique facts and circumstances of each client’s case.

Our team has years of experience helping clients get the financial support they need to recover from their injuries and move forward with their lives. Contact our office to learn more about how we can assist you. 

Posted by Aaron Herbert at 10:47 am

Pedestrian Crosswalk Laws in Texas

Saturday, September 10, 2022

Pedestrians are the road’s most vulnerable users. They are at risk of catastrophic to fatal injuries in traffic accidents. It is a driver’s responsibility to reasonably prevent pedestrian accidents by knowing and obeying all relevant traffic laws, including crosswalk laws. Following Texas’ crosswalk laws as a pedestrian can also help you avoid a serious accident.

Pedestrian Crosswalk Laws in Texas 3

How Common Are Pedestrian Accidents in Texas?

According to the Texas Department of Transportation, 717 pedestrians in Texas lost their lives in traffic accidents in 2020 alone. This was about an 8.5 percent increase from the number of deaths in 2019. Hundreds of others suffered serious injuries. Busy urban areas, such as downtown Dallas or Houston, are especially dangerous for pedestrians due to heavy vehicle traffic.
Although crosswalks are designed to provide pedestrians with safe places to cross roads, they are frequently the settings of harmful pedestrian-vehicle collisions. These collisions are often the fault of motor vehicle drivers who are speeding, driving distracted or otherwise failing to drive safely. However, pedestrians could also be at fault for failing to safely and correctly use crosswalks in Texas.

Who Has the Right-of-Way at a Pedestrian Crosswalk in Texas?

The right-of-way is the legal privilege to proceed across a roadway based on the applicable rules of the road. Texas Transportation Code Section 552.003 – Texas’ crosswalk law – states that pedestrians have the right-of-way in crosswalks that do not have traffic control signals in operation. It states that a motor vehicle operator must yield to a pedestrian in a crosswalk if the pedestrian is on the vehicle’s half of the road or approaching close enough from the opposite half as to be in danger.
The crosswalk law also states that a pedestrian may not leave a curb or place of safety and enter a crosswalk if oncoming vehicle traffic is approaching quickly enough as to make it impossible for the driver to stop. Even if the pedestrian has the right-of-way, the pedestrian must remain at the curb until the road is clear or oncoming drivers have come to complete stops. Finally, it is against the law for a motor vehicle driver to pass a vehicle that has stopped to allow pedestrians to cross a roadway.
If the crosswalk does have a control signal present and in use, a pedestrian will only have the right to cross when the signal gives the “Walk” sign. With the Walk sign on, all drivers are obligated to yield the right-of-way to crossing pedestrians. When the control signal says “Wait,” or “Don’t Walk,” a pedestrian cannot legally enter the crosswalk, even if the way is clear. If an intersection has a traffic light but no special pedestrian control signal, the pedestrian may only cross the road with a green signal showing (not yellow or red).

Driver Responsibilities at Pedestrian Crosswalks

Motor vehicle drivers have certain obligations to pedestrians by law in Texas. Section 552.008 of the Transportation Code gives motor vehicle drivers a legal responsibility to always exercise due care to avoid pedestrian collisions. Due care includes driving safely and prudently, obeying speed limits (especially in school zones and residential areas), yielding the right-of-way to pedestrians when applicable, and honking their horns to warn pedestrians when necessary.
Even if a pedestrian is illegally crossing a road – such as a child darting into traffic or a pedestrian jaywalking – a driver has a responsibility to avoid a collision whenever possible. If a driver fails to fulfill this duty, the driver may be at least partially at fault for a pedestrian collision, even if the pedestrian did not have the right-of-way to cross.

Can Both Parties Share the Blame?

Yes, a motor vehicle driver and a pedestrian can share the fault for a collision at a crosswalk in Texas. If an investigation finds that both parties are partially to blame, such as a pedestrian for illegally crossing and a driver for texting and driving, any financial compensation obtained by the injured victim will be reduced by his or her percentage of fault. For more information about crosswalk accidents and shared fault, consult with a pedestrian accident attorney in Dallas today.

Posted by Aaron Herbert at 2:48 pm

If a Jaywalker Is Hit by a Car, Who’s at Fault?

Wednesday, June 22, 2022
When we think of accidents involving pedestrians and fault, we often assume that the motorist is at fault. In driver’s education courses, we’re often taught that pedestrians have the right of way. In certain situations, however, pedestrians can be liable for accidents, either partially or wholly.

How Do We Determine Fault?

Imagine witnessing a car hit a pedestrian. When telling a friend about the accident, you maintain that it was the pedestrian’s fault because he or she ran out in front of the vehicle before the driver could react. In some cases, assigning fault is this simple. There’s little a motorist can do when a pedestrian runs out in front of traffic. In these situations, witness testimony like yours may help an insurance adjuster arrive at that decision. Insurers may also look at police reports, traffic cameras, and whether or not the driver was following all applicable laws. It’s important to discuss your situation with a car accident lawyer to understand your rights and possible compensation. If a Jaywalker Is Hit by a Car, Who’s at Fault? 5In the case that the driver is wholly at fault, the pedestrian will easily recover damages from the driver’s insurance policy for economic and general damages. The main hassle in these circumstances is fighting with an insurance company to raise its lowball offers. In the event that a pedestrian shoulders all the blame for an accident, he or she likely won’t get compensation for subsequent injuries. In fact, the driver may be able to file a personal injury claim if he or she was injured in the process of swerving, or if the insurance company won’t cover the full cost of property damage. Instances in which a pedestrian may be fully at fault include jaywalking (crossing in the middle of the street), crossing against a traffic signal, walking along a highway, or walking while intoxicated.

What About Shared Fault?

Even in these scenarios, a driver may shoulder at least part of the blame for an accident. For example, a motorist may be partially at fault for a jaywalking accident if he or she was speeding even just a few miles over the limit. Distracted driving is another common reason for shared fault in jaywalking cases. When both the pedestrian and driver are a fault, the courts turn to one of two different legal concepts to guide their decisions in personal injury claims: contributory negligence or comparative negligence.

What Is Comparative Negligence?

Most states, including Texas, use the principle of comparative negligence to determine the proportion of fault in personal injury cases. A handful use an all-or-nothing system called contributory negligence to settle personal injury claims, stating that a guilty party must be 100% at fault for an injured person to collect a personal injury settlement. While these cut down on the number of personal injury cases the courts see, they’re rarely fair. San Antonio and surrounding areas use a comparative negligence rule when an injured person, like a jaywalking pedestrian, shares some of the blame for an accident. Under this rule, the victim can collect damages from another at-fault party, but the settlement will be reduced by his or her fair share of fault. For instance, imagine a driver was texting a friend when a jaywalker stepped out in front of him or her. The vehicle strikes the pedestrian, causing extensive injuries. The pedestrian sues the driver for damages, and a jury determines that the driver was 60% at fault for the accident. The pedestrian is entitled to damages minus his or her proportion of fault. Texas follows what’s known as the 51% rule, meaning an injured party can recover damages if he or she is 50% at fault or less.

Have You Been Injured in a Pedestrian Accident?

If you’ve been injured by a vehicle, you may be eligible for compensation—even if you were jaywalking. Contact our office for a free case evaluation to see if you qualify.
Posted by Aaron Herbert at 12:03 pm

San Antonio Pedestrian Accidents – Child Pedestrian Injuries

Saturday, June 18, 2022

San Antonio Child Pedestrian Injury Attorney

Child pedestrian injuries and deaths due to motor vehicle related incidents nationwide average 20,000 incidents each year.  The majority of child pedestrian injuries and deaths occur at non-intersection locations.

When a child suffers an injury or is killed in an auto accident, parents and other family members are often left with many unanswered questions. It is understandable to feel overwhelmed, but help is available to get you through this. If the crash was the result of negligence, such as a distracted driver, a dangerous roadway, or a faulty vehicle part, the injured child or the family members of the deceased child have a legitimate claim for damages.

Pedestrian Accident Lawyer

The Law Firm of Aaron A. Herbert’s personal injury attorneys and staff are sympathetic to and resourceful for those affected by a serious car collision involving a child. For years, we have fought to protect the rights of our clients, assisting them in their pursuit of justice for compensation. We offer a free, no obligation consultation with a board certified personal injury attorney. We will listen to what happened, we will explain all of your legal rights and we will fight to protect those rights. There is no fee or case expenses unless we recover in your case.

While these accidents are tragic and most often the fault of careless drivers and not the fault of the child or child’s parents, the following are tips can at least help reduce the risk of being hit by a careless driver.

PEDESTRIAN SAFETY TIPS

Teach Kids How to Walk Safely

  • Teach kids at an early age to look left, right and left again before crossing the street. Then remind them to continue looking until safely across.
  • It’s always best to walk on sidewalks or paths and cross at street corners, using traffic signals and crosswalks. If there are no sidewalks, walk facing traffic as far to the left as possible.
  • Teach kids to make eye contact with drivers before crossing the street.
  • Children under 10 need to cross the street with an adult. Every child is different, but developmentally, most kids are unable to judge the speed and distance of oncoming cars until age 10.
  • Encourage kids to be especially alert for cars that are turning or backing up.
  • Teach kids not to run or dart out into the street or cross between parked cars.
  • If kids are walking when it’s dark out, teach them to be especially alert and make sure they are visible to drivers. Have them wear light- or brightly-colored clothing and reflective gear.

Take Action Against Distraction

  • Teach kids to put phones, headphones and devices down when crossing the street. It is particularly important to reinforce the message with teenagers.
  • Pull headphones down or turn off the volume before crossing the street.
  • Be aware of others who may be distracted and speak up when you see someone who is in danger.
  • If kids need to use a cell phone, teach them to stop walking and find a safe area to talk.

Types of Injuries in accidents involving pedestrians

Pedestrians have no protection from injury in a collision with a motor vehicle, and the injuries they suffer are often serious, catastrophic or even fatal. Common injuries include:
  • Traumatic brain injury (TBI).
  • Spinal cord injury.
  • Limb loss and traumatic amputation.
  • Internal injuries.
  • Disfigurement.
  • Fractures, such as a broken leg, arm, rib or pelvis.
  • Neck and back injuries.
  • Sprained or torn ligaments.
  • Contusions, lacerations and abrasions.
In the unfortunate event of an accident between a pedestrian and a motor vehicle, pedestrians will suffer severe bodily injury or even death. If you or a loved one has been involved in a pedestrian accident in San Antonio or other Texas city,  Board Certified Attorney Aaron A. Herbert can help. The personal injury accident lawyers at the Law Firm of Aaron A. Herbert have helped injured pedestrians or surviving family members hold negligent parties accountable for recklessness or wrongdoing. Please do not wait to contact us if you or someone you care about has been involved in a pedestrian accident in Texas. There is a specific amount of time in which you can take legal action and you do not want to forfeit your rights by waiting too long to speak with a lawyer. /contact/”>Contact Us today for a free, confidential consultation.
Posted by Aaron Herbert at 12:37 am

San Antonino Crosswalk Accident Lawyer

Wednesday, April 20, 2022
While crosswalks aren’t taken seriously in a lot of cities, in San Antonino area we do take them seriously – but in the wrong way. Many of the crosswalks in San Antonino are nearly invisible to drivers and pedestrians, whether due to design or due to lack of maintenance. The brown/gray brick patterns on black asphalt just doesn’t cut it for pedestrian safety. And even when a more visible pattern is used, many cities in North Texas do not spend the resources to re-paint the crosswalk patterns until the paint is severely faded. In the end, a lot of money is spent on the design and upkeep of our crosswalks in San Antonino and surrounding cities, yet no significant changes in design have been made in the last twenty years to make intersection crossings more visible. San Antonino Crosswalk Accident Lawyer 9While many people complain that San Antonino is not pedestrian walkable because of sprawl and suburban style urban design with little sidewalk connection between areas, this is only part of the problem. The cities in north Texas need to start valuing neighborhoods which are already walkable by supporting pedestrian comfort and safe with better crosswalk design. A better design currently exists for crosswalks that has been proven a safer alternative to designs used in San Antonino. San Antonino should install install continental crosswalks throughout the city.  The “continental” uses two-foot-widestripes which are more visible to approaching drivers. Paired with a limit (stop) line set back five feet from the crosswalk, continental markings better delineate pedestrian space and discourage vehicles entering the crosswalk. Additionally, cities in North Texas have slowly started replacing signal lights at crosswalks with “countdown” lights for pedestrians. These signal lights show a countdown timer while the pedestrian “walk” figure is displayed so that that pedestrians crossing the street know exactly when they must be out of the roadway.

Types of Injuries in accidents involving pedestrians

Pedestrians have no protection from injury in a collision with a motor vehicle, and the injuries they suffer are often serious, catastrophic or even fatal. Common injuries include: In the unfortunate event of an San Antonino crosswalk accident between a pedestrian and a motor vehicle, pedestrians will suffer severe bodily injury or even death. If you or a loved one has been involved in a pedestrian accident in San Antonino or other Texas city,  Board Certified Attorney Aaron A. Herbert can help. The personal injury San Antonino crosswalk accident lawyers at the Law Firm of Aaron A. Herbert have helped injured pedestrians or surviving family members hold negligent parties accountable for recklessness or wrongdoing. Please do not wait to contact us if you or someone you care about has been involved in a pedestrian accident in Texas. There is a specific amount of time in which you can take legal action and you do not want to forfeit your rights by waiting too long to speak with a lawyer. Contact Us today for a free, confidential consultation.
Posted by Aaron Herbert at 7:30 pm

Who Is Liable for Pedestrian Accidents?

Monday, April 18, 2022

Pedestrian accidents are one of the most disastrous types of collisions. When a vehicle strikes a pedestrian, the victim can suffer life-changing injuries. If you get hurt or a loved one is killed in a pedestrian accident in Texas, determining liability can help you move forward. Holding one or more parties liable, or financially and legally responsible, for your accident can result in the monetary compensation that you need for your losses. Find out who may be liable for your pedestrian accident.

Do Pedestrians Always Have the Right-of-Way in Texas?

No. It is a common misconception that pedestrians always have the right-of-way. Pedestrian right-of-way is not permanent or assumed. Instead, there are particular roadway rules that drivers and pedestrians must follow. These rules give pedestrians the right-of-way when a control signal is present and displays the “Walk” sign, as well as at intersections and crosswalks.

However, a pedestrian cannot leave a place of safety and step into the road when an oncoming vehicle is too close to stop. A pedestrian also does not have the right-of-way when jaywalking in Texas – or crossing the road at a place other than a crosswalk between two adjacent intersections. Learning pedestrian rights-of-way in your city can help you better understand who is liable for your accident.

When Is a Driver Liable for a Pedestrian Accident?

Motor vehicle drivers are often behind pedestrian collisions in Texas. Drivers can be guilty of careless and reckless acts such as driving while intoxicated, distracted driving, speeding, red-light running and falling asleep behind the wheel. These wrongful acts increase the risk of vehicle-pedestrian collisions. If a driver is found to be at fault for hitting a pedestrian, the driver’s car insurance company must pay for related losses through Texas’s fault law.

Texas is not a no-fault accident state. In a no-fault state, injured pedestrians seek reimbursement from their own personal injury protection (PIP) insurance, regardless of fault. In Texas, however, the party most at fault for the pedestrian accident is who pays. All drivers in Texas must carry liability insurance to pay for harm done to others. You must prove that the driver is at fault to qualify for this coverage.

Can Someone Other Than a Driver Be Liable for a Pedestrian Accident?

While driver error is the number one cause of pedestrian accidents in Texas, it is not the only possibility. When determining liability for this type of wreck, it is important for the victim to explore all potential sources of insurance coverage. This will allow the pedestrian to maximize his or her financial recovery. Parties outside of the driver who could be liable include:

  • An employer or company if the driver was working at the time of the accident
  • A vehicle or part manufacturer if a defective part contributed to the crash
  • The government in charge of roadway maintenance for a dangerous defect
  • A repair shop or dealership if the driver’s car experienced a breakdown

A thorough investigation of the pedestrian accident by a personal injury lawyer can expose signs of third-party fault or negligence. Once the defendant(s) have been determined, your attorney can help you file a claim with the correct insurance provider for fair financial compensation. Then, your lawyer can help you prove liability, such as with a police report, eyewitness statements and expert testimony.

When Is a Pedestrian Liable?

Finally, it is important to acknowledge that pedestrians can be found liable for their own injuries after an accident in certain circumstances. If you were breaking a traffic law or walking in the middle of the road while intoxicated, for example, an insurance company may place some or all of the blame for the accident on you. This could reduce or even eliminate your payout. In this scenario, it is essential to contact a pedestrian accident attorney to help you defend your rights.

Posted by Aaron Herbert at 1:18 pm

Importance of Hiring a Pedestrian Accident Lawyer

Thursday, April 14, 2022

If you get injured in a pedestrian accident, you may wish the claims process to be over as quickly as possible so that you can put the whole thing behind you. While hiring an attorney may seem daunting, it is the best way to resolve your case. You can trust a lawyer to serve your best interests and work toward your case goals. A lawyer will help you go up against an insurance company while allowing you to focus on recovering from your accident.

Insurance Companies Don’t Want to Settle Your Claim

The first thing to know about resolving a pedestrian accident case is that insurance companies aren’t on your side. They want to save as much money on your payout by delaying claims processing, devaluing your injuries and even denying a valid claim. This is true whether you are seeking benefits from your own insurer or the car insurance company of the driver who hit you.

Insurance companies are notorious for taking advantage of injured pedestrians and attempting to convince them to settle for less than their claims are worth. When you hire a Dallas pedestrian accident lawyer, you protect yourself from insurance bad faith tactics. An insurance claims adjuster will know that your attorney can take your case to trial. This will typically result in a higher settlement offer to avoid the costs of court. Your lawyer can use aggressive legal tactics to demand fair financial compensation for your injuries.

You May Be Dealing With Your Injuries for Life

The injuries suffered in pedestrian accidents are often catastrophic. This means that the pedestrian will experience the effects of the injury for the foreseeable future – and potentially for life. This makes it especially important for the victim to protect his or her rights during the financial recovery process. Without assistance from an attorney, an injured pedestrian may settle for less than his or her injuries are worth, taking away the ability to pay for future medical needs. If you or a loved one suffered a severe injury in a pedestrian accident, work with an attorney to achieve the best results possible for your case.

A Lawyer Understands Texas Laws

Navigating a pedestrian accident lawsuit in Texas is tricky. Unless you have a legal background, you may not be aware of the multiple laws that will apply to your case. These laws can include the fault-based insurance law, statute of limitations, comparative negligence law and the Texas Tort Claims Act. You may also struggle with meeting the burden of proof, or presenting enough clear and convincing evidence to prove that the driver is at fault for your accident. A lawyer will understand all federal, state and municipal laws that apply to your case and how to correctly navigate them.

Saving Time and Money

Hiring a pedestrian accident lawyer will ultimately save you time and money. While this may seem counterintuitive, since you have to pay attorney’s fees, statistics show that claimants who hire lawyers almost always receive greater financial compensation than those who represent themselves, even after deducting attorney’s fees.

Most pedestrian accident attorneys operate on a contingency fee basis, meaning you will only pay your lawyer as a percentage of the settlement or verdict won, and only if you win. A lawyer can also cut time out of your lawsuit by handling confusing paperwork for you, having a team of staff members working on your case and preventing mistakes that can draw out the legal process.

You Have Enough to Worry About – Let a Lawyer Take Over From Here

Finally, hiring a pedestrian accident lawyer gives you the ability to rest, relax and enjoy greater peace of mind after a traumatic accident. You’ve been through enough as a pedestrian accident survivor in Texas. Entrust your case to an attorney to remove the legal burden from your shoulders. Your lawyer can make sure you have everything you need, such as a great doctor in Dallas and answers to your legal questions. Contact a lawyer today to find out more about how we can help.

Posted by Aaron Herbert at 11:09 am

How Much Money Can You Get From Getting Hit by a Car as a Pedestrian?

Tuesday, April 12, 2022

Getting hit by a car can cause devastating injuries, such as a major concussion or permanent paralysis. In Texas, pedestrians usually have the right-of-way. This makes it the responsibility of a driver to watch for pedestrians and prevent accidents. After this type of crash, you may have the right to seek financial compensation from the driver. Determining how much your claim is worth can help you negotiate for a fair amount from a car insurance company.

What Is the Typical Settlement Amount for a Pedestrian Accident?

While it is normal to want to know the average settlement amount for a pedestrian accident in Texas, it is not possible to find an accurate answer online. This is information that you can only get from a pedestrian accident lawyer in Dallas, and only after an in-depth case evaluation. This is because each case and client is unique. Even if there are similarities between two cases, the financial awards can vary drastically. This means that averages and settlement calculators found online will give you inaccurate results.

In general, personal injury case values are dependent on the severity of the injuries suffered by the accident victim. Since many pedestrian accidents are catastrophic – with common injuries such as broken bones, brain trauma, spinal cord injuries and wrongful death – this means they often come with high case values. This could mean a six-figure or seven-figure settlement for a severe or permanent injury.

What Damages Are Recoverable?

When seeking financial compensation for a pedestrian accident in Texas, one of the first steps is to create a list of your losses to include in a demand letter to an insurance company. It is critical to list all of your compensable damages, as missing any can reduce your settlement value. A lawyer can help you create your demand letter and come up with an accurate amount to pursue from a car insurance company. Recoverable damages may include:

  • Medical expenses. The past and future medical costs connected to your pedestrian accident, including necessary surgeries, therapies and medications.
  • Disability or disfigurement. Any ongoing medical care or expenses to accommodate a permanent disability, or the effects of significant scarring and disfigurement.
  • Lost wages. The amount of money that you lost from being unable to return to work after your pedestrian accident, as well as future lost capacity to earn due to a disability, if applicable.
  • Pain and suffering. The noneconomic damages caused by the accident, such as your personal stress, emotional suffering, physical pain, mental anguish and psychological trauma.
  • Death benefits. If a loved one passed away in a pedestrian accident in Texas, your family could be eligible for compensation for funeral and burial costs, loss of consortium, and grief.

You could receive compensation for all of these losses and more after getting hit by a car as a pedestrian. Discuss your case with an attorney to come up with a comprehensive list of your damages. A lawyer can help you prove your losses, provide evidence that the driver was at fault for your crash and demand maximum financial compensation.

How Are Settlements Calculated in Texas?

Many different factors can determine how much money a pedestrian gets after being hit by a car in Texas. Some elements used to calculate settlements and jury verdicts are injury severity, recovery prognosis, the age and health of the victim, the number of insurance policies available, and the defendant’s actions. While economic damages are calculated based on the amount of money the victim lost because of the accident, noneconomic damages are more difficult to estimate. A jury can use multiple equations or no method at all for calculating pain and suffering. Best way to find out how much your case may be worth is by consulting with an attorney.

Posted by Aaron Herbert at 2:26 pm

Halloween Pedestrian Safety Guide for Dallas

Tuesday, October 19, 2021

Pedestrians are always at risk of injuries while walking around Dallas. Negligent and distracted drivers can collide with pedestrians and cause life-changing injuries. In 2017, 615 pedestrians in Texas lost their lives in traffic accidents. On Halloween, however, pedestrians may be at a greater than usual risk of accidents due to careless and belligerent drivers.
More pedestrians using the roadway can mean more opportunities for pedestrian-vehicle collisions on Halloween. Halloween should mean thrills and spooks, not real scares such as serious accidents. Use this Halloween pedestrian safety guide to keep yourself and trick-or-treating children as safe as possible this year in the city of Dallas. Speak with a pedestrian accident attorney to learn more about pedestrian law.

Common Halloween Pedestrian Risks

Halloween night can come with additional risks to pedestrian safety that are not as common on other nights of the year. Halloween is a popular holiday for late-night parties, for example, which can increase the number of drunk drivers on the road. Halloween also comes with a huge increase in the number of pedestrians in Dallas for trick-or-treating. Recognizing the most common pedestrian risks on Halloween night could help you avoid dangerous situations.

  • Drunk or drugged drivers
  • Distracted drivers
  • Speeding or reckless drivers
  • Drowsy drivers
  • Poor visibility
  • Lack of crosswalks
  • Poorly designed roadways
  • Sidewalk defects
  • Slip, trip and fall hazards
  • Criminals

Negligent, dangerous and careless drivers are the most serious risks to watch out for as a pedestrian on Halloween. Drivers can put pedestrians at serious risks of injuries by not paying attention to the road, failing to watch for trick-or-treaters or driving recklessly. A vehicle-pedestrian collision could be disastrous or fatal for the pedestrian. Children are especially vulnerable to pedestrian accidents in Dallas. You should also be on the lookout for unsafe sidewalks and criminals as a pedestrian. Walk in well-lighted areas for optimal safety.

Pedestrian and Motorist Safety Tips

As a pedestrian, take steps to increase your safety on Halloween night. Pass these tips onto your children if they are trick-or-treating this year. First, tell kids to walk, not run. Running can increase the risk of falls and of darting into traffic. Children should always stop and look both ways for oncoming vehicles before crossing a road – even if a crosswalk has given the walk signal. Carry flashlights or glow sticks to both light the way and increase your visibility to drivers. Use reflective tape on goodie bags for extra visibility.
Children should know never to enter the homes or vehicles of strangers while trick-or-treating. Send them with a responsible adult, as well as with cellphones in case of emergencies. Tailor costumes with safety in mind, making sure they are short enough not to tangle between the legs or trip the wearer. Avoid using masks or long wigs that could impede vision. Make sure children know not to eat anything until they have come home and allowed a parent to carefully inspect the goodies.

Driving on Halloween

As a driver, what you do can also impact safety – for yourself and vulnerable pedestrians. If you plan on driving on Halloween, do not plan on drinking. Arrange for a sober ride to and from your destination, especially if you are attending parties where you know the host will be serving alcohol. If you do drive, pay special attention to the road and watch for pedestrians. Thousands of kids and their guardians will flood the streets of Dallas on Halloween night for trick-or-treating and other local events. Try to avoid residential zones as much as possible.
Keep your eyes on the road and put your phone away while driving. Avoid other distractions as well, such as chatting with passengers or eating behind the wheel. Reduce your speed at or below posted limits at all times. Prepare to brake at any moment, without warning. Children in costumes may not obey pedestrian rules and may run into the road. Yield the right-of-way to crossing pedestrians whenever applicable. Stay alert and do not drive if you are feeling fatigued. It is up to you to prevent tragedies this Halloween.

Posted by mockingbird at 10:27 am

How to Avoid Pedestrian Accidents in Dallas

Friday, April 23, 2021

Bustling cities like Dallas are especially dangerous places for pedestrians. Downtown areas have many places where pedestrians and motor vehicles intersect. In these areas, human errors such as distraction and carelessness can lead to deadly pedestrian accidents. As a driver or pedestrian in Dallas, Texas, do certain things to reduce your risk of getting into an accident.

How to Avoid Pedestrian Accidents in Dallas 12

For Drivers

In 2018, the Texas Department of Transportation reported 626 pedestrian fatalities – a 1.79 percent increase from 2017. Many of these fatal collisions took place in metropolitan Dallas, Austin and Fort Worth. Although drivers and pedestrians both share a responsibility to obey the law and prevent collisions, drivers must be especially careful as the party that can cause the most damage.

Slow Down

Reducing your speed can be enough to avoid a pedestrian accident. Traveling at a safe speed allows you to hit the brakes in unexpected roadway situations, such as a child running out front of your car. Always drive at or below the posted speed limit in Dallas. If you are traveling through a residential area or a school zone – or if the weather is dangerous – reduce your speed even more.

Be Alert

Distracted driving is one of the most dangerous driver behaviors. According to the National Highway Traffic Safety Administration, distracted driving took 3,142 lives in the U.S. in 2019 alone. Put your phone away, keep your eyes on the road and dedicate 100 percent of your attention to the driving task. This may allow you to react to a pedestrian in time to prevent a crash.

Yield the Right-of-Way

Although pedestrians do not automatically have the right-of-way in Dallas, yield when it is necessary. Always yield to pedestrians in crosswalks, for instance, and to pedestrians who are crossing the road when you are making a left- or right-hand turn. Even if a pedestrian does not have the right-of-way, you have a responsibility to pay attention, hit the brakes and avoid a collision when possible.

For Pedestrians

As someone who likes to walk or jog around Dallas, it is imperative to be proactive about pedestrian safety. You cannot trust drivers to always obey the law or yield the right-of-way. Take your safety as a pedestrian into your own hands to decrease your risk of getting injured in an accident.

Avoid Danger Zones

Certain parts of Dallas are more dangerous for pedestrians than others. These areas often involve intersections or areas with a lot of pedestrian traffic, such as retail centers. Do your best to avoid danger zones while walking in Dallas, such as:

  • The West End
  • West Northwest Highway near Community Drive
  • Ledbetter Drive at Bonnie View Road
  • Malcolm X Boulevard at Martin Luther King Jr. Boulevard
  • Lovers Lane at Greenville Avenue

Crash statistics have shown that these areas are more prone to pedestrian accidents and deaths than other places in Dallas. Take other routes, when possible, to increase your safety.

Obey Traffic Laws

Do not assume you always have the right-of-way as a pedestrian in Texas. You have the same responsibilities as motor vehicle drivers to obey traffic laws and roadway rules. Do not jaywalk, for example, or step off the curb in front of an oncoming vehicle. Wait your turn to cross and use crosswalks.

Practice Defensive Walking

Defensive walking is a technique where you assume drivers will break the law or won’t see you, rather than assuming the opposite. Defensive walking required staying vigilant and aware of your surroundings. Do not walk while using your cell phone or otherwise distracted. Pay attention to what is happening around you, make eye contact with drivers before crossing the road and verify that it is safe to cross before stepping into the road – even if you have the right-of-way.
If you get injured in a pedestrian accident in Dallas, contact an attorney right away for a free consultation about your legal rights.

Posted by Aaron Herbert at 3:22 pm

What Happens If a Self-Driving Car Hits a Pedestrian?

Friday, May 8, 2020

Self-driving vehicles might be commonplace in the modern age, but that does not make them failsafe. Like all consumer products, self-driving cars can contain issues, defects, and hazards that make them unreasonably dangerous for operators and the public. Self-driving cars have already proven their potential risks with tragedies such as the first pedestrian death by a self-driving car in Tempe, Arizona. If a self-driving vehicle hits, injures or kills a pedestrian in Texas, it will most likely take a full investigation to determine fault and liability for damages.

What Happens If a Self-Driving Car Hits a Pedestrian? 14

Product Liability Laws and Self-Driving Vehicles

 Texas’ product liability statute states that a manufacturer could be legally responsible for a dangerously designed, manufactured or marketed product if that product causes a consumer injury. Self-driving vehicles are no exceptions. If a self-driving car contains a defect that causes the vehicle to hit a pedestrian, the manufacturer of the vehicle and/or self-driving technology could be liable for the pedestrian’s damages. The plaintiff in this type of case, however, will have the burden to prove by a preponderance of the evidence that the vehicle contained a defect and that this defect was the producing cause of the injury or damage claimed.

  • Defects in the self-driving car’s inherent design.
  • Mistakes made during the manufacture of the vehicle or the installation of its parts.
  • Errors in the instructions or lack of adequate warnings for known risks related to the self-driving vehicle.
  • A breach of warranty by the self-driving vehicle’s manufacturer.

 In the first pedestrian death involving a self-driving vehicle, the death of Elaine Herzberg in Tempe, the Uber vehicle failed to detect the pedestrian, who was walking her bicycle across the road. The vehicle did not stop or alert the human supervisor as to the pedestrian’s presence. Uber immediately suspended its tests in Arizona after the fatal accident, and Herzberg’s family filed a lawsuit against Uber for allegedly causing the death through equipment failure. Uber reached a nondisclosed settlement with the family shortly after the crash.

Who Is Liable?

 When a self-driving car causes an accident, including one involving a pedestrian or bicyclist, multiple parties will investigate: the local police, insurance companies, lawyers and the manufacturer of the self-driving vehicle. Investigations will seek to determine the actual and proximate cause of the collision, such as a software glitch or product defect. The cause of the crash will then point to the identity of the defendant(s).
 

  • Vehicle manufacturer. The manufacturer of the self-driving vehicle could be liable for a defect in the car’s design and/or production that contributed to the accident.
  • Software or hardware technology vendor. If it was the autonomous software or hardware specifically at fault for the accident, the vendor that supplied the part could be liable.
  • The vehicle operator. Most self-driving cars still have human operators supervising as backup. If the operator was negligent in properly supervising or controlling the vehicle, he or she could be at least partially responsible for a pedestrian collision.
  • The pedestrian. The pedestrian could bear a portion of fault for jaywalking or crossing the road when it was illegal or unsafe to do so. Texas is a comparative negligence state, meaning partial fault under 51% will not bar a pedestrian from being able to recover damages.

The injured pedestrian or surviving family members of a deceased victim may be able to bring injury claims against one or more defendants for causing or failing to prevent a self-driving car accident in Texas. Multiple parties could be at fault depending on the details of the accident. The software company might be partially to blame for the failure to detect the pedestrian, for example, while the backup driver might also bear fault for not paying attention to the road or hitting the brakes on time. A plaintiff should hire a car accident lawyer in Dallas after a self-driving vehicle strikes a pedestrian for professional representation during this complicated type of lawsuit.
 

Posted by Aaron Herbert at 10:28 am

What are the Penalties for Jaywalking in Texas?

Thursday, June 20, 2019

When walking along certain roadways in Texas, pedestrians might not always find a crosswalk to use to safely cross the street. Logically, one might assume that an area with no crosswalks could imply that pedestrians possess right-of-way in crossing the street in any location. This is simply not true and is in fact extremely dangerous. Assuming that you possess right-of-way as a pedestrian not only leads to illegal jaywalking, but it can also cost you your life.

What is Jaywalking?

Jaywalking refers to entering a roadway in the absence of a crosswalk. It’s dangerous to jaywalk in undesignated areas because there’s no requirement for yield to pedestrians cars on continuous streets as they are at intersections. On in-town highways, for instance, cars typically remain at an accelerated speed. In this situation there are no stop signs, speed bumps, or other regulatory means to slow down a vehicle and prevent any potential pedestrian related accidents.

Colliding with a car under these conditions can spell disaster for pedestrians, who are almost always lacking in bodily protection while crossing the street.

Texas Pedestrian Laws

Texas exercises strict laws that keep pedestrians safe when entering roadways.

  • Cars must yield right-of-way to pedestrians in marked and unmarked crosswalks. White painted lines designate marked crosswalks, like those you see at busy intersections with traffic signals. Not all intersections have painted lines, though. In unmarked areas, like those including T-intersections and stop sign intersections, pedestrians still retain the right of way.
  • Cars must yield right-of-way to pedestrians when they cross entrance gaps that cause lapses in sidewalk. For example, pedestrians retain the right-of-way when they are attempting to cross an alleyway, driveway, or building that divides the sidewalk.
  • Pedestrians must abide by traffic signals when crossing a controlled intersection. This includes traffic lights and pedestrian-specific traffic lights. Pedestrians must also obey all signage pertaining to pedestrian travel. When disobeying traffic signals, pedestrians forfeit their right-of-way privileges.
  • Pedestrians must yield the right-of-way when crossing a street in a location that does not contain an intersection. This includes situations in which the pedestrian’s location is directly across the street.
  • Pedestrians must use available, marked crosswalks when available. Neglecting to use available crosswalks forfeits the pedestrian’s right-of-way.
  • Pedestrians must not enter an intersection in which a car cannot safely slow down or stop in time to yield right-of-way.

Not adhering to these rules compromises your safety and increases your liability in car accidents. According to state law, all instances in which a pedestrian crosses a roadway without an intersection counts as jaywalking.

Penalties for Jaywalking

Jaywalking penalties aren’t nearly as severe as car-related traffic violations, though they do exist. Texas law enforcement offers to provide education to those caught jaywalking. Those that listen generally do not receive a ticket.

If an individual is not willing to educate themselves on road safety by talking to the officer, they then administer a citation. Citations usually amount to between $20 and $160.

Who is Liable When a Car Hits a Pedestrian?

The answer to this liability question lies solely in context. A pedestrian that knowingly jaywalks, or otherwise acts in a reckless manner, do not receive protection under Texas law. This is because pedestrians only possess right-of-way privileges at intersections and marked crosswalks. However, if a car collides with a pedestrian while they are lawfully crossing an intersection, the driver will most likely possess liability.

Crossing the street as a pedestrian can be extremely dangerous in Texas. State-established crosswalk rules are meant to prevent accidents, especially because they can be fatal to unprotected pedestrians. When jaywalking means risking liability and safety when facing a car accident, the wisest decision remains to wait for a crosswalk before crossing the street.

Posted by Aaron Herbert at 9:24 am

What Are The Leading Causes of Pedestrian Injury?

Monday, September 3, 2018

Pedestrian injuries are still unfortunately common occurrences. In recent years, public health authorities have attempted to control the amount of pedestrian death and injury by creating more walkable urban centers, installing more crosswalks in busy areas, and doing other things to reduce the risk of accidents. However, pedestrian accidents still can and do occur daily. In fact, a recent Governor’s Highway Safety Association found that pedestrian deaths increased by 11% between 2015 and 2016. What causes these devastating occurrences? Here’s what you need to know.

Unmarked Crosswalks

Most pedestrian accidents occur at intersections. Crosswalks can help reduce the risk of being in a pedestrian accident, but unfortunately not all crosswalks have markings. Pedestrians have the right of way when crossing at an intersection, but many people fail to recognize this. Statistically, pedestrian accidents at crosswalks are more likely to occur in the summer months when people are out and about. Designating lines at crosswalks and installing appropriate traffic signals is a simple and effective way to control this type of accident.

Use of Drugs of Alcohol

DUIs are serious offenses, and ones for which the state does not have much tolerance. Conviction of a DUI can lead to license revocation and suspension, fines, court costs, community service, and more. Unfortunately, not everyone pays attention to the rules. Drivers who operate under the influence of drugs and alcohol pose a danger to themselves and others on the road, and to pedestrians. Because of delayed reaction times and sloppy judgement, pedestrian accidents involving drunk drivers are often fatal.

Distracted Driving

Texting and cell phone use while driving are nearly as dangerous as drunk driving. Motorists can plow into pedestrians because they’re too busy operating a navigation system, sending a text, or perusing Facebook to pay attention to their surroundings. Accidents due to driver inattention lead to pedestrian injuries and deaths each year.

Accidents Involving Left Hand Turns

Most pedestrian accidents occur at intersections, but they’re slightly more likely to occur when a driver is making a left hand turn at a crosswalk. The reasoning behind this is that a driver and a pedestrian are more likely to be looking in opposite directions while making their commute.

Inclement Weather Conditions

Certain conditions like rain can decrease visibility and make it more difficult for drivers to see clearly. As a result, they may not be able to see a pedestrian before it’s too late. Though inclement weather may play a role in pedestrian accidents, drivers must also know how to drive in ambient weather conditions and make adjustments as necessary. As such, a driver who hits a pedestrian in an accident will likely still be liable for his or her injuries.

Arterial Roadways

Finally, so-called ‘arterial roadways’ can make a pedestrian accident more likely. These roads help improve traffic flow on and off freeways, but they serve particular dangers to pedestrians. Many pedestrian accidents occur on these roadways, especially since bus stops are often nearby. When drivers are still driving in “highway mode,” they’re less likely to notice pedestrians, which can lead to high-speed accidents. Unfortunately, arterial roadway accidents often prove fatal to the pedestrian.
Pedestrian injuries may occur in any number of scenarios, but some urban setups and driver behaviors make them more likely. Unmarked crosswalks and arterial roadways pose a particular danger to pedestrians, as do dangerous behaviors like electronic device use, driving under the influence, and general inattention. By avoiding some of the most common scenarios leading to pedestrian accidents, walkers can reduce their risk of injury. By understanding the risks involved with driver inattention and negligence, motorists can similarly take steps to reduce the risk their behavior has on others.

Posted by Aaron Herbert at 2:59 pm

What Are the Dangers of Distracted Walking?

Monday, February 19, 2018
Most people are aware of the dangers of distracted driving. However, walking while distracted can be just as dangerous at the wrong time or place. In San Antonio, the attorneys of Aaron A. Herbert, P.C., want to help you avoid accident and injury by making you aware of the dangers of distracted walking.

Dangers in the Path

Whether you are texting a friend, checking email, surfing social media, or selecting the next song to play as you walk, using a mobile device while walking takes your concentration away from what is coming up in front of you. A common hazard you would easily avoid may surprise you and cause you to have an accident while walking. An uneven section of sidewalk, a limb in your path, or a small toy left unattended may cause you to trip when you fail to notice the obstacle in your path. Tripping over a hazard can result in falls that cause broken bones, back or neck injuries, or even concussion or other head trauma. Focusing on your mobile device while walking can cause a failure to yield to bigger hazards, too, resulting in serious injuries or even death. The most obvious concern is that you may inadvertently step in front of a vehicle that does not have the ability to stop before striking you. When a car collides with a pedestrian, the pedestrian is likely to suffer severe injury. Other hazards from stepping onto the road may be failing to notice you are stepping off a curb, leading to sprained ankles from the awkward step, or falling into the street.

Injuries to Others

Distracted walking is not only a danger to you but also to those around you. Bumping into another pedestrian could cause him or her – or you – to stumble and fall, possibly resulting in injury to one or both of you. If you were to step in front of a vehicle in the street, the driver may swerve to avoid hitting you, causing a collision with a parked or moving vehicle. This can result in thousands of dollars of damage or injury to the drivers and passengers. By walking safely, you protect yourself, other pedestrians, and those in the cars around you.

Helpful Tips to Avoid Distracted Walking

There is certainly no harm in checking your phone while you are out for a walk. However, to get the most out of your time on foot and avoid injury, it is a good idea to follow some common-sense tips to avoid distracted walking. Step out of the way of other pedestrians or cars, and stop walking before checking your phone. A phone call or text can wait the few moments necessary to find a safe place to stop and focus on the notification or phone call. Consider using your phone’s silent or do not disturb feature while walking. In today’s culture, we tend to respond as soon as our devices notify us that we have an incoming message or phone call. By simply silencing those notifications, you can avoid a surprise distraction and focus on where you are walking. One smart way to stay safe is to plan your music ahead of time and listen to it at a moderate volume. A lengthy playlist that doesn’t require your constant attention between songs can help you avoid checking your device often during your walk. Ensure that you are still able to clearly hear what is going on around you by keeping the volume of anything you are listening to low enough to allow ambient sounds to reach you. Protect yourself and others from injury by avoiding the dangers of distracted walking and keeping your attention fixed on the path ahead.
Posted by at 10:57 pm

What Are the Right-of-Way Laws in Texas?

Tuesday, November 29, 2016
The rules of the road enable drivers to anticipate the actions of others. Quite often, drivers must yield to other drivers or pedestrians before moving. The phrase “right of way” describes how you determine when to yield to another driver or pedestrian or when that other driver or pedestrian must yield to you. Right-of-way laws exist to ensure public safety on the road and to provide the smoothest flow of traffic possible. Right-of-way laws are meant to keep drivers and pedestrians safe, so it’s important for Texans to know the state’s right-of-way laws. Understanding these laws can help prevent traffic accidents, injuries, and even fatalities, and it can help drivers avoid traffic tickets for illegal maneuvers.

Right-of-Way at Intersections

There are specific laws concerning the right-of-way at intersections in Texas:
  • When driving on an unpaved road, if you come to an intersection with a paved road, you must yield the right-of-way to traffic driving on the paved road.
  • At uncontrolled intersections, you must yield the right-of-way to any traffic already in the intersection and any traffic to the right of your vehicle.
  • When making a left-hand turn at an intersection, you must yield to pedestrians crossing the street as well as traffic traveling in the opposite lane. This also applies to making a right-hand turn. You must yield to through traffic entering the lane you wish to turn into as well as any pedestrians crossing in your path.
  • Whenever you approach an intersection at a main road from any private road, alley, or driveway, the right-of-way must be yielded to traffic driving on the main road.
  • Trains always have the right-of-way at railroad crossings. Always stop at the indicated spot. Trains are typically much wider than the tracks, and if you stop too close to the tracks, you risk being struck by a moving train. Such collisions are extremely deadly.

Emergency Vehicles

Emergency vehicles are equipped with lights and sirens to let other drivers know that they are nearby and responding to an emergency. It’s vital for other drivers to quickly ascertain the location of the emergency vehicle and pull over so personnel can reach the emergency. In Texas, motorists must always give the right-of-way to any fire trucks, ambulances, or police vehicles. Pull over to the right as soon as possible, unless you’re within an intersection at the time. In this case, continue through the intersection and pull over to the right side of the road as soon as you can.

Pedestrians

Every Texas driver must always give pedestrians the right-of-way, even if they aren’t crossing legally at the time. Pedestrians have no protection from oncoming traffic. As such, it’s vital for drivers to exercise caution around pedestrians and areas with heavy foot traffic. Not every intersection will have a “Walk/Don’t Walk” signal. Regardless of whether such a signal is present, a pedestrian has the right-of-way during a green light. Additionally, pedestrians have the legal right-of-way even if the light changes to red as they cross. A good rule of thumb is to simply always yield to pedestrians, even if they’re violating the law or crossing the road illegally.

Right-of-Way Violation Penalties

As with most driving infractions, drivers found in violation of right-of-way laws can expect to receive points on their licenses. A failure to yield violation will typically result in two points and a $50 to $200 fine. A failure to yield violation that leads to an injury will result in three points and up to $2,000 in fines. Serious injuries may incur an even larger fine up to $4,000. Any right-of-way infractions committed by Texan drivers outside the state will still result in these penalties.
Posted by at 11:54 pm

College Campus Accident Claims: Are They Different?

Friday, January 15, 2016
Lawsuits for accidents that occur at colleges can be very different from those at other establishments, depending on the circumstances. There are many considerations that determine how a lawsuit stemming from a campus accident will proceed; however, you do still have legal options if and when you pursue a claim.

Holding Public Schools Liable

State run schools, including colleges, universities, and technical institutions, sometimes fall under the category of sovereign immunity as other government agencies do. In Texas, you can only sue a state school if the state decides you’re allowed to do so. This extends to all forms of lawsuits, including personal injury claims. Depending on the situation, you may win the legislature’s approval and proceed with a lawsuit against the school. The state has the right to disallow petty lawsuits but may grant them in serious personal injury cases.

Holding Private Schools Liable

Private schools may or may not be under the protection of the state when it comes to personal injury lawsuits. A private school that falls under the category of “charitable institution” may be protected under the same sovereign immunity rule as public schools. If the injury occurred during the normal course of work and in a reasonable manner, you may not be able to present a lawsuit against the private institution. Some for profit establishments, however, may not fall under this category and can be sued as any other business entity would be. In business injury cases, you may hold each organization responsible for unreasonable situations that lead to harm under the concept of premise liability attorney in San Antonio.

Other Parties You May Sue

Depending on the case, you can hold other individuals liable after an accident on campus. Going to a college or other post-graduate institution doesn’t protect other students or visitors from legal action. In addition to people not associated with the institution, you may have the opportunity to look into 3rd parties, such as contracted foodservice companies, vehicle manufacturers, and others that may not fall under the umbrella of sovereign immunity. You may also hold more than one party accountable in a lawsuit. For instance, if you were injured by a drunk driver on campus, you may be able to hold both the school and the driver responsible for resulting injuries. The facility has a responsibility to provide reasonable protection for individuals on it.

You Need an Experienced Attorney to Bring a Lawsuit Against a College in Texas

If you decide to take legal action against a college in Texas or any other state or private institution, you’ll need the assistance of an attorney who understands Texas sovereign immunity laws. These cases are often more difficult than general personal injury claims and require an added level of expertise to determine who you can file against and the best strategy to do so. Schools may tell individuals injured on campuses they have no liability over the injury. Depending on the case, this may or may not be true, and we can help you make that determination. Even if the school doesn’t have liability, you may still have the option to file a lawsuit against another party involved in the accident. The medical bills and pain and suffering caused by an on-campus accident can add up quickly, and it may affect your ability to continue studying. Those who don’t have medical insurance may find the situation particularly difficult to handle. However, you’ll always have a legal outlet. Our team can help you obtain fair compensation so you can move on after a campus accident.

Contact

For more information, contact The Law Firm of Aaron A. Herbert, P.C. today.
Posted by at 11:57 pm

If I’m Doing Something Illegal but Get Injured, Can I Still Make a Claim?

Friday, January 8, 2016
The answer to the question is that it depends, particularly in the case of a pedestrian accident. For instance, if you’re jaywalking because you really didn’t want to go to the crosswalk to get back to the office and a speeding vehicle hits you, the query shifts from “if someone is liable” to “how much is someone liable.” Depending on the type of illegal activity and the circumstances, you may or may not be able to make a claim.

Jaywalking and Drunk Driving

As a pedestrian, you typically have the right of way on the road. However, you’re responsible, under Texas law, for following the rules of the road. You can’t step out into traffic just because you want to; you need to cross at a crosswalk if one is available. Let’s say you jaywalk in a busy part of town because everyone else does it, too, except this time a drunk driver hits you in the process. You suffer catastrophic injury, and the driver walks away with barely a scratch. You were both doing something technically illegal, but the vehicle operator was acting far more dangerously. Under Texas’s comparative fault laws, the court will assign a percentage of the blame to each party. The amount of compensation you can receive as a result of the accident is based on that percentage of fault. However, when the amount of fault meets or exceeds 50%, that individual cannot claim any damages after the accident. So, if you were 20% responsible for the accident but the drunk driver was 80% responsible, he or she could not collect any damages. 20% of your compensation would be taken away.

Trespassing

In very limited circumstances, you could still make a claim if you’re doing something illegal and get injured. Trespassing provides a good example of when you might be able to make a claim. Generally, a property owner isn’t responsible for anything you do to injure yourself on his or her property. However, if that property owner had a serious safety hazard on the property, the property wasn’t properly marked as private, and you suffered a severe injury as a result, you might be able to hold the owner liable for your injuries. Similarly, if the property owner shot you as you were obeying his or her request to leave, you might be able to hold that person accountable. Technically, you were engaged in an illegal activity, but unless you were actively trying to cause harm or continued to engage in the illegal activity after confrontation, the property owner does not have a right to injure or kill you.

Contact an Attorney to Discuss Your Situation

There are very limited circumstances in which you can file and successfully win a claim if you were engaged in an illegal activity at the time, but it’s not unheard of. Many factors will come into play, including whether the other party was also engaged in an illegal activity, if someone owed you a reasonable duty of care, or if you should have reasonably known you were engaged in an illegal activity. The only way to determine for sure if pursuing a civil claim against the individual who injured you is right is to sit down with an attorney to review your case. Federal, state, and local laws may all play a role in each case determination, and only an experienced and local personal injury attorney can offer the advice you need to make an informed decision about pursuing a case. For more information regarding any injury claims, regardless of whether you were engaged in an illegal activity at the time, contact our San Antonio office today.
Posted by at 11:54 pm

How People Fake Accidents: Common Schemes and Repercussions

Friday, December 18, 2015
Some people will do anything to get some extra cash in their pockets, even if they have to cheat to do it. Fake accidents aren’t just morally reprehensible and unethical; they’re illegal. When people fake accidents, they take time, money, and support from people who truly suffer due to legitimate accidents. From staged car accidents to slip and fall injuries, here are some of the most common schemes and the consequences perpetrators face if caught.

Staged Car Accidents

Some people purposefully brake erratically in front of a vehicle to encourage a rear end collision. Others plan more elaborate accidents to target unsuspecting and innocent victims. Many staged accidents feature injuries an x-ray or medical evaluation can’t confirm or deny, such as chronic or severe pain. They have lots of witnesses around to support their claims, and if no video surveillance caught the scene on camera, they may have a good shot at getting away with the “accident.”

Fake Work Incidents

Not every employer in Texas has to carry workers’ compensation insurance, but those who do may find themselves vulnerable to injury schemes. Workers who’ve suffered an injury elsewhere may hide the injury and then stage an incident at work to get the insurance money. Others may exaggerate the effects of an incident or make up injuries a medical practitioner can’t disprove. Some will start the scam after a legitimate accident, pretending to have a disability to earn more time off.

Provoked Dog Bite Accidents

While the media plays up the danger of certain breeds, any dog will bite and cause damage if provoked. Some people may torment a canine to the point of an attack and then try to hold the owner accountable. If an individual knows a pooch has bitten or shown documented aggressive behavior in the past, he or she can easily bypass the one bite rule and take the owner to court. The dog will likely be put down in the process.

Slip and Fall Accidents

Anytime you’re on someone else’s property as a guest or customer, the owner is reasonably obligated to provide a safe environment. Some individuals try to take advantage of noticeable shortcomings at an establishment or create unsafe conditions. If there aren’t any cameras and the perpetrators make it look like something the owner should have known about, insurance will likely have to cover the damages or alleged injuries. Even with compelling evidence it’s essential to work with a San Antonio slip and fall attorney to ensure you receive maximum compensation for your injuries.

Repercussions for Accident Fraud

Accident fraud, also known as insurance fraud, sometimes goes unpunished, and the people who pay for insurance are the ones who lose. However, if the insurance company or the alleged defendant (person who “caused” the accident) can prove the perpetrator lied or staged an accident, he or she may face fines, prison time, and a permanent criminal record. It also hurts people legitimately seeking reparation by forcing insurance companies to pursue extensive investigation in every claim that has suspicious characteristics, such as a vague incident description, symptoms like chronic pain, or exaggerated claims. Furthermore, the people who were essentially framed for the accident may have to face lingering repercussions in their businesses or when paying for any damage done to their properties during the process. Some people targeted in fake accident schemes choose to take legal action against the perpetrators in the form of an injury claim to cover the costs of injuries and property damage they had to shoulder as a result of the scheme.

Contact

If one of these schemes has affected you, you can hold the perpetrator accountable. Contact our San Antonio team today to learn more, and we can walk you through your legal options in light of a fake accident assertion.
Posted by at 11:22 pm

San Antonio Pedestrian Accidents

Wednesday, September 9, 2015
Every year in the San Antonio area and throughout the State thousands of pedestrians are injured or killed in motor vehicle accidents. In fact, over the past few years in North Texas  alone, hundreds of pedestrians have been seriously injured or killed as a result of being struck by a motor vehicle. Pedestrian knock down accidents are usually the fault of the drivers of motor vehicles. Among the more common causes are drivers who speed, run traffic signals or fail to yield the right of way to pedestrians, particularly those within a crosswalk when making a turn. More recently, inattentive or distracted driving has been identified as the most common cause of motor vehicle accidents in the San Antonio area. This is often seen with cell phone use and texting or simply a driver not paying attention. Laws exist in Texas whose goal is to protect pedestrians from being the victims of motor vehicle accidents. Often, the key to the successful resolution of these claims is having an attorney familiar with the various sections of the Texas State Vehicle and Traffic Laws.   It is imperative that an attorney be familiar with the insurance laws applicable to a given accident to insure that the victim receives the fullest recovery allowable under the law. There are also laws that proscribe the time limits within which a person injured in an automobile accident must take certain steps to protect their legal rights or forever be prevented from proper and adequate compensation. As mentioned previously, pedestrian accidents often result in serious injuries. In many accidents, a pedestrian sustains what is commonly known as a “bumper fracture.” This occurs when a car bumper hits the pedestrian’s pelvis and legs shattering his or her bones. Another common injury involving pedestrians occurs when a pedestrian is “scooped” off the ground by the front of a car and smashed onto the hood and the windshield causing traumatic brain injury. Further compounding this injury is the natural reaction of the driver to step on the brake. This results in the pedestrian being thrown to the ground, causing further injury to the brain as well as spinal and pelvic injuries. The following are but a few examples of pedestrian accidents that occurred in the San Antonio area in 2015: Lewisville, Texas – On September 9, 2015 two elementary school-aged kids, a boy and a girl were struck by a car. It happened in the 800 block of S. Valley Parkway, outside the Sun Valley Aquatic Center. Both children are conscious.  The girl was airlifted to the hospital.  The boy was taken by ambulance. Each were in serious condition but talking to first responders and expected to recover. San Antonio, Texas – On April 5, 2015 a 20-year-old Southlake college student was struck and killed by a hit-and-run driver in San Antonio. The accident happened near the DART rail station in the 5500 block of Mockingbird Lane, near North Central Expressway. Paul Robert Miltenberger, a sophomore at the University of Missouri, was not in a designated cross-walk area, according to police, when he was hit and killed on Mockingbird Lane. San Antonio police are looking for the driver of the black Dodge Charger who hit Miltenberger and never stopped to render aid. San Antonio, Texas – On January 23, 2015 a shuttle bus driver crashed into two hospital employees walking to work Friday Morning. Police say 61-year-old Randal Dygert, a registered nurse, died from his injuries. Dygert and a female employee at Parkland Hospital were crossing Harry Hines at Medical District around 7 am when they were hit. Police say the shuttle bus, operated by the private company ‘Buses By Bill’, was in route to drop a patient off when the vehicle struck the pedestrians. Authorities say the bus dragged the man about 50 yards before coming to a stop. Hospital workers say the intersection can be very dangerous, “ like New York down here”. The personal injury attorneys at the Law Firm of Aaron A. Herbert, including Board Certified Personal Injury Attorney Aaron Herbert, have helped thousands of individuals and families suffering serious injuries or death as a result of a pedestrian being struck by a car, truck, bus or other motor vehicle. We retain experts such as  accountants, financial analysts and economists because every personal injury case has its own set of associated costs, including pain and suffering, lost wages, the cost of care and many other monetary costs. In order to accurately assess what these costs will be for the remainder of a victim’s life, we use financial professionals to derive fair resolutions for injury victims. Additionally where necessary we retain the best accident reconstruction engineers in the field. It is also often necessary to retain a biomechanical engineer where the cause of the injury is challenged.

Types of Injuries in accidents involving pedestrians

Pedestrians have no protection from injury in a collision with a motor vehicle, and the injuries they suffer are often serious, catastrophic or even fatal. Common injuries include:
  • Traumatic brain injury (TBI).
  • Spinal cord injury.
  • Limb loss and traumatic amputation.
  • Internal injuries.
  • Disfigurement.
  • Fractures, such as a broken leg, arm, rib or pelvis.
  • Neck and back injuries.
  • Sprained or torn ligaments.
  • Contusions, lacerations and abrasions.
In the unfortunate event of an accident between a pedestrian and a motor vehicle, pedestrians will suffer severe bodily injury or even death. If you or a loved one has been involved in a pedestrian accident in San Antonio or other Texas city,  Board Certified Attorney Aaron A. Herbert can help. The personal injury accident lawyers at the Law Firm of Aaron A. Herbert have helped injured pedestrians or surviving family members hold negligent parties accountable for recklessness or wrongdoing. Please do not wait to contact us if you or someone you care about has been involved in a pedestrian accident in Texas. There is a specific amount of time in which you can take legal action and you do not want to forfeit your rights by waiting too long to speak with a lawyer. Contact Us today for a free, confidential consultation.
Posted by Aaron Herbert at 8:40 am

San Antonio Pedestrian Accidents – Seniors face Higher Risk of Injury or Death

Tuesday, August 18, 2015
< Statistics are clear – senior citizens face a higher risk as pedestrians than other age groups. Approximately 25% of all pedestrian injuries and fatalities in the United States involve senior citizens.  Going back as far as 1975, No change has been seen in regards to senior citizens fatalities in pedestrian vs. auto accidents, despite a decrease in fatalities reported in regards to younger age groups.  The oldest members of our community continue to have the highest injury and death rates of all pedestrians. North Texas has one of the fastest growing “pre-senior” population (age 55-64) in the nation and also ranks high in senior (age 65+) population growth. Over the next several decades, the 65+ population is expected to continue to grow rapidly both in number and as a share of the population. A growing senior population brings new opportunities and challenges. As we age, the majority of us share a common goal: to live independently and safely in our own homes and engaged in our communities for as long as possible. But without an effort to determine and change the root causes of the number of older citizens injured in San Antonio Pedestrian Accidents, there will likely be even more serious injuries and deaths as the number and percentage of senior citizens increases. Physical limitations may play a role in the this skewed statistic. Senior citizens should by all means keep up physical activity such as walking as the health and emotional benefits outweigh the risks of an auto vs pedestrian accident. Some elderly Americans have limited vision and hearing and thus may be less alert to the traffic around them.  Limitations in peripheral vision may prevent elderly ones from seeing oncoming traffic.  Additionally, overall vision changes due to the aging process may make it difficult to  judge traffic distance and speed. Pre-existing spinal and neck issues can cause some senior citizens to become permanently stooped over or without the ability to turn or lift their neck/head  to properly see traffic conditions around them.  Additionally, some seniors may have smaller physical frames making them less visible to motorists. Drivers are often fail to take a pedestrian’s age and abilities into account. While the driver of a motor vehicle is required in most cases to yield to pedestrians in Texas, some either just don’t see the pedestrian until it is too late, or even try to drive around the pedestrian. Texas drivers that attempt to drive around a senior citizen or time when they can safely pass, often inadequately take into consideration that elderly pedestrian may be slower in crossing a street and drivers may fail to react accordingly when slowing or braking. When a senior citizen is facing a three thousand pound (or greater) motor vehicle barreling towards them, they are often physically unable to move to get out of the way in the same manner in which a younger individual could. What is worse, while the injuries caused to an pedestrian hit by a motor vehicle are nearly always life threatening, senior citizens have the greatest difficulty surviving those injuries, take far longer to recover, and are more likely to face injuries that limit their mobility for the remainder of their lives. Senior Citizen Pedestrian Injuries and Deaths can be prevented. The following are examples of ways to significantly lessen the likelihood of a pedestrian being hit by a car:
  • Make eye contact as much as possible with drivers.
  • Avoid trusting the system. Many kind drivers who wave us on may lead us to ‘expect’ such behavior from all drivers. Don’t!
  • Use marked crossings if possible when crossing streets.
  • Carry a flashlight if walking in the early morning or dusk and/or use a headlamp.
  • Avoid wearing black and other dark colors.
  • Wear reflective clothing such as a reflective vest.
  • If possible, exercise or walk in places set aside for this purpose.
  • If walking on streets, use sidewalks as much as possible.
  • Elderly ones of short stature may wish to carry a lightweight, small, reflective orange flag to help makes them ‘visible’ when crossing in front of high vehicles such as buses and SUV’s.
  • When there are no sidewalks, walk facing traffic.
  • If walking for health, get a buddy. Two people are more visible than one!
The pedestrians increased ‘vulnerability’ requires motorists exercise great caution.  Yet, inattentive and careless motorists on the roadways are the primary cause of accidents involving elderly pedestrians.  Negligence and gross negligence remain the root of  senior citizen and pedestrian collisions.  If you find that you are a senior who was hit by a car, don’t allow the insurance company to bully you into feeling like the accident was your fault.

Types of Injuries in accidents involving pedestrians

Pedestrians have no protection from injury in a collision with a motor vehicle, and the injuries they suffer are often serious, catastrophic or even fatal. Common injuries include:
  • Traumatic brain injury (TBI).
  • Spinal cord injury.
  • Limb loss and traumatic amputation.
  • Internal injuries.
  • Disfigurement.
  • Fractures, such as a broken leg, arm, rib or pelvis.
  • Neck and back injuries.
  • Sprained or torn ligaments.
  • Contusions, lacerations and abrasions.
In the unfortunate event of an accident between a pedestrian and a motor vehicle, pedestrians will suffer severe bodily injury or even death. If you or a loved one has been involved in a pedestrian accident in San Antonio or other Texas city,  Board Certified Attorney Aaron A. Herbert can help. The personal injury accident lawyers at the Law Firm of Aaron A. Herbert have helped injured pedestrians or surviving family members hold negligent parties accountable for recklessness or wrongdoing. Please do not wait to contact us if you or someone you care about has been involved in a pedestrian accident in Texas. There is a specific amount of time in which you can take legal action and you do not want to forfeit your rights by waiting too long to speak with a lawyer. Contact Us today for a free, confidential consultation.  
Posted by Aaron Herbert at 10:03 pm