Category: Pedestrian Accidents

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

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? 1In 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 6While 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

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