With spring around the corner, many people have begun walking, biking, jogging, and participating in other outdoor activities as a means of entertainment and exercise. This means there are far more pedestrians on or near the streets now. Because of this, it’s important to examine how auto pedestrian accidents happen and how they can be prevented.
To better understand why auto pedestrian accidents occur, it is helpful to look at the common causes, such as distracted driving, driver inattention, and environmental conditions. According to the Federal Highway Administration, a pedestrian is anyone not occupying a vehicle, including individuals walking, jogging, using wheelchairs, or standing in the roadway. Pedestrians are defenseless against motor vehicles, making them more likely to sustain severe injuries in accidents. Pedestrian accidents can happen almost anywhere, but they most often occur when pedestrians are crossing streets.
Have you or a loved one been injured? If so, you may be eligible for compensation. Speak to our Houston personal injury lawyers today for a free consultation.
According to the Centers for Disease Control and Prevention (CDC), over 5,000 pedestrians were killed in traffic accidents in 2017 alone. This equates to roughly one auto pedestrian death every 88 minutes. In addition to this, an estimated 137,000 pedestrians were treated for non-fatal crash related injuries that same year. These numbers are staggering, as pedestrians are 1.5 times more likely to die in a car crash than vehicle occupants.
Causes of Auto Pedestrian Accidents
Some of the most common causes of auto pedestrian accidents include driver negligence, environmental factors, and failure to yield. Distracted driving is a leading cause of pedestrian accidents. Pedestrians are often injured when crossing a street. The elderly and children are particularly vulnerable to auto-pedestrian accidents due to their physical limitations and size.
Improper Lane Use
According to the National Highway Traffic Safety Administration (NHTSA), 857 cyclists were killed in traffic accidents in 2018. Many of these crashes could lead to serious injury claims that may require guidance from a dedicated Houston bike accident attorney.
Unmarked Crosswalks
Intersections can be a hotspot for pedestrian accidents when they aren’t marked with signaled crosswalks that can dramatically reduce the risk of a crash. Drivers must yield to pedestrians already in a crosswalk, even if the driver has a green light.
Clearly marked pedestrian pathways are vital because drivers are less likely to see people when they’re focused on driving or parking their vehicle. Obeying the walk signal is crucial for both drivers and pedestrians, as crossing against the walk signal or ignoring it can impact legal liability and insurance claims in the event of an auto pedestrian accident.
Left-Hand Turns
Even when using crosswalks, pedestrians risk being hit by vehicles turning left when the driver's attention is on navigating the intersection instead of the pedestrian legally crossing the street.
Distracted Driving
Roughly 10 percent of fatal crashes involve a distracted driver and about 3.2 percent of drivers on the road on any given day are talking on cellphones. The most common reason for daytime pedestrian collisions is distracted driving, which includes activities like texting or eating. In 2017, 599 pedestrians were killed in distraction-involved crashes. Everything from texting while driving and changing music to talking with other occupants in the car are considered distracted driving behaviors. Interacting with passengers can also distract drivers and increase the risk of pedestrian accidents.
Quiet Cars
According to NHTSA, popular battery-operated automobiles and hybrids are 40% more likely to be involved in a pedestrian accident than their gas-guzzling counterparts due to how easily they can sneak up on an unsuspecting pedestrian. The risk jumps to 50% in residential areas, where the speed limit is at or below 35mph and stops and turns are more frequent.
Alcohol or Drug Use
Each day, 30 people in the United States die in drunk-driving crashes, which equates to one death every 50 minutes. Driving under the influence of alcohol or drugs is incredibly dangerous for pedestrians and other drivers alike. Intoxicated drivers are involved in 13% of pedestrian collisions.
Back Over Accidents
Some of the most tragic pedestrian accidents can happen at a person's home if they back up their vehicles over a child they cannot see. Pedestrians are also at risk of being hit by a vehicle backing up in a parking lot, especially when there is a lot of traffic.
Consequences of Auto Pedestrian Accidents
Auto pedestrian accidents can have severe and long-lasting consequences for both victims and their families. The aftermath of these incidents often extends far beyond the initial accident scene, affecting every aspect of a person’s life. From physical injuries to emotional trauma and financial hardship, the impact can be overwhelming. Families may find themselves struggling to cope with the sudden changes brought on by a loved one’s injuries or loss, highlighting the importance of understanding the full scope of these tragic events and the factors that influence a personal injury settlement.
Physical Injuries
Physical injuries sustained in an auto pedestrian accident can be devastating. Pedestrians are especially vulnerable when struck by a vehicle, often suffering catastrophic injuries such as broken bones, traumatic head injuries, spinal cord damage, and, in the most tragic cases, even death. The force of a collision can leave victims with permanent disabilities or long-term health complications that require extensive medical care. It is crucial for anyone involved in such an accident to seek medical attention immediately after the accident occurred, not only to ensure proper treatment but also to document the extent of their injuries for any future claims. Prompt medical attention can make a significant difference in recovery and in establishing the link between the accident and the injuries sustained.
Emotional and Financial Impact
The emotional and financial toll of an auto pedestrian accident can be just as significant as the physical injuries. Victims and their families often face intense stress, anxiety, and uncertainty about the future. Medical bills, rehabilitation costs, and lost wages can quickly add up, placing a heavy financial burden on those affected. Insurance companies may attempt to shift blame onto the pedestrian, making it even more challenging to recover fair compensation. The presence of distracted drivers—such as those texting on a cell phone—only increases the risk of pedestrian fatalities and adds to the frustration and suffering experienced by victims and their families. Navigating the aftermath of a pedestrian accident can be complex, but understanding your rights and options, including the types of damages you can pursue after a car accident, is essential to securing the compensation you deserve.
Long-Term Effects
The long-term effects of auto pedestrian accidents can be life-altering. Many injured pedestrians require ongoing medical treatment, physical therapy, and psychological support to manage the aftermath of their injuries. The trauma of being involved in a serious accident can lead to lasting emotional scars, including anxiety, depression, and post-traumatic stress disorder. In recent years, the number of pedestrian fatalities has continued to rise, underscoring the urgent need for improved safety measures and greater awareness. For victims, the journey to recovery can be long and challenging, but with the right support, it is possible to rebuild and move forward.
Impact on Families
When a pedestrian accident results in severe injuries or death, the impact on families can be profound. Watching a loved one suffer or coping with their loss brings immense emotional pain and suffering. Families may also face significant financial challenges, from mounting medical bills to funeral expenses and the loss of income. These hardships can be overwhelming, but families do not have to face them alone. Seeking the guidance of a personal injury attorney can help families recover damages and hold those responsible liable for their actions, including in situations involving unsafe property where a Houston premises liability attorney may be needed. Legal support is crucial in ensuring that families receive the justice and compensation they need to begin healing.
Community Safety Concerns
Auto pedestrian accidents are not just a personal tragedy—they are a community safety concern. Areas with heavy foot traffic, such as intersections, crosswalks, and sidewalks, are particularly at risk, especially for children and the elderly. Recent incidents, like the fatal auto pedestrian collision in northwest Oklahoma City where a person was struck and killed by a vehicle, highlight the urgent need for safer streets. Communities must prioritize pedestrian safety by investing in better lighting, clearly marked crosswalks, and public education campaigns to reduce the risk of traffic crashes. If you or a loved one has been injured in a pedestrian accident, it is important to schedule a free and confidential consultation with an experienced attorney. This step can help you understand your rights, recover fair compensation, and contribute to making our communities safer for everyone.
Preventing Auto-Pedestrian Accidents
It’s important for both pedestrians and drivers to be aware of their surroundings when out and about. Roughly 76% of pedestrian fatalities occur at night due to factors such as inadequate street lighting and pedestrians wearing dark clothing. Using the sidewalk whenever possible is crucial for pedestrian safety, especially in areas where road conditions or distracted driving increase vulnerability. Pedestrians are almost always at a higher risk simply due to the size and weight of a vehicle.
After a pedestrian accident, it is essential to call 911 and report the incident to the police. Seeking immediate medical attention is also crucial, even if injuries are not immediately apparent.
Maintain Visibility
While driving, it is imperative that drivers turn on their headlights an hour before dusk to ensure they are seen by others on the road, including pedestrians. Pedestrians looking at phones lose 95% of their field of vision, making it much harder to notice oncoming vehicles or hazards. Headlights should also be on after the sun begins to rise in the morning as well as during any adverse weather, such as rain, snow, or fog. Pedestrians should avoid wearing darker colors to ensure drivers on the road can see them. Wearing white and/or reflective garments can help avoid a pedestrian accident.
Utilize Crosswalks
Pedestrians should always look for a crosswalk to use when crossing a busy street, rather than jaywalking. It is crucial to obey the red light and other traffic signals when crossing to prevent accidents and ensure safety. Most cities and urban metro areas have dedicated crosswalks with painted lines, streetlights, and signs to alert drivers to pedestrians nearby. When there is a button to push for a stoplight, it’s important for pedestrians to ensure they wait until it is safe to walk across the road. At the same time, drivers must also watch for crosswalks to remain aware of anyone who may cross a street or busy intersection.
Insurance companies often blame pedestrians for causing accidents, claiming they were at fault for jaywalking or crossing against signals, which is why many victims turn to experienced counsel familiar with a broad range of Houston personal injury practice areas.
Follow Posted Speed Limits
Drivers should always drive the posted speed limit while behind the wheel; unfortunately, this doesn't always happen. When drivers exceed the speed limit, it can put other drivers and pedestrians in harm's way and may lead to serious injury claims that require help from a seasoned Baytown personal injury lawyer. In the event roads are wet or icy due to the weather, drivers should decrease their speed, as slick conditions can increase vehicle speed, decreasing their ability to stop quickly.
Experienced Houston Pedestrian Accident Attorneys
Pedestrian accidents are often caused by a driver's negligence, making legal accountability and compensation critical for victims. Determining fault in auto pedestrian accidents is essential, as it directly impacts liability, damages, and the ability to recover compensation. These incidents can be incredibly devastating and cause injury or death to victims. At Ramsey Law Group, we assist clients in seeking compensation for a driver’s negligent actions. We have the knowledge, skill and resources to pursue your claim. In the last pedestrian accident our attorneys litigated, the jury returned a significant verdict for $43,600,000 in favor of our injured client.
Insurance companies may blame pedestrians for causing accidents to reduce or deny claims. They often use the legal doctrine of comparative negligence to argue that a pedestrian was partially at fault, which can decrease the amount of compensation awarded. Even a small percentage of fault assigned to the pedestrian can impact your ability to recover compensation, especially in jurisdictions like Virginia or Maryland, where being even 1% at fault can bar you from receiving any damages. Being partially at fault can reduce your financial recovery from insurance settlements or damages awards. You have the right to file a claim against the at-fault driver’s liability insurance. Pedestrian accident victims often require legal representation to navigate the complexities of insurance claims and compensation, especially when dealing with an insurance company that may try to minimize payouts or shift blame, making the support of a dedicated firm like Ramsey Law Group invaluable. Injured people can claim damages for medical care, rehabilitation, lost wages, and pain and suffering, and those hurt on the job may need assistance from knowledgeable Houston work injury lawyers. It is important to document witness accounts and your recovery process, and to take photos of the accident scene and any visible injuries to support your case. Avoid speaking with the other party's insurance company after a pedestrian accident to prevent jeopardizing your claim. If the driver cannot be found or lacks insurance, you may seek compensation through your own uninsured motorist coverage. In no-fault states, your own insurance may pay for initial medical bills and lost wages regardless of who caused the accident. Insurance companies blame pedestrians as a tactic to reduce compensation, so having legal representation is crucial to help you recover compensation even if you are found partially at fault or assigned a small percentage of fault, which can significantly affect your financial recovery. Injured people benefit from experienced legal counsel to ensure fair compensation and protect their rights.
That verdict was the #1 auto-pedestrian verdict for the State of Texas in 2017 and was listed as a Top 50 Verdict in the United States the same year.
If you or someone you know has been involved in a pedestrian accident and would like the insight of an experienced Houston car accident attorney, contact us today to discuss your needs.
Common injuries sustained by pedestrians in accidents include traumatic brain injuries, spine and neck injuries, broken bones, and lacerations. In some tragic cases, a person dead is the result of a fatal auto pedestrian collision. It is crucial to involve the police at the scene and ensure a report is filed to properly document the incident and support any legal claims.