In every town and city in Texas, people can be found walking along rural roads and busy downtown streets. Pedestrians are present in residential neighborhoods, business districts, and commercial retail zones. This means that a pedestrian accident can happen at any time and in any place in the Lone Star State.
In fact, pedestrian accidents do happen in Texas with alarming regularity. However, these events are not random or unpredictable: several circumstances and behaviors make a collision between a pedestrian and a vehicle more likely.
Texas Pedestrian Collisions by the Numbers
From 2014 to 2023, the number of pedestrians killed in accidents with vehicles steadily climbed from 488 to 808 annually. Pedestrians account for about 19% of all individuals killed in traffic-related crashes in the state. This gives Texas the 11th-highestpedestrian fatality rate in the nation.
While fatal pedestrian crashes are reported in every corner of the state, they are more likely to occur in and around cities like Houston, Dallas, and Fort Worth. These large urban areas are home to more people who travel by foot on or near roads with heavy vehicular traffic.
Not every pedestrian who is hit by a vehicle will perish. In 2023, 5,924 pedestrian accidents, approximately 16 per day, were reported across Texas. Nearly 1,500 people suffered severe injuries in these incidents. The elderly, children, and those with disabilities are more likely to be hurt or killed in pedestrian accidents.
Common Factors Leading to Pedestrian Accidents
The following factors and circumstances can increase the chances of a pedestrian accident, no matter where you are in Texas.
Distracted Driving
Motorists who are distracted by their smartphones or anything else can fail to see pedestrians in crosswalks or on the road. They may be more tempted to allow themselves to be distracted if they do not expect to encounter pedestrians, such as if they’re driving on a rural road or late at night.
Speeding
Drivers who speed have less time to spot a pedestrian and react to avoid a collision than those who drive at reasonable speeds. Obeying the posted speed limit may not be enough; during inclement weather or when there are people walking near the road, drivers should consider going slower than the speed limit.
Impaired Driving
Drivers who are under the influence of alcohol or drugs may not notice someone walking along or crossing a road. Even if they do see the pedestrian, the effects of alcohol or drugs can make them unable to safely control their vehicles to avoid a collision.
Weather and Lighting Conditions
Inclement weather like snow, rain, or fog increases the risk of collisions by making pedestrians more difficult to see and cars more challenging to control. Moreover, nighttime and low-light conditions can make it harder to spot someone walking, especially in areas where pedestrians are not usually present after dark.
Texas Pedestrian Right-of-Way Laws
Texas laws govern the movement of pedestrians on and near roads, just as they do cars, trucks, and motorcycles. Pedestrians and drivers alike are expected to know and follow these rules:
- People who are crossing the street generally have the right-of-way, especially at crosswalks and intersections
- Drivers on a driveway that crosses a sidewalk must yield to pedestrians using the sidewalk
- If a pedestrian is on or crossing a road, drivers should generally yield the right-of-way to the pedestrian
- Conversely, pedestrians should generally yield the right-of-way to vehicles when it is necessary to avoid an imminent collision
An attorney can help an injured pedestrian investigate whether the driver who hit them violated these right-of-way laws. They can also assist in securing evidence and filing a pedestrian accident lawsuit on their client’s behalf. These time-consuming and challenging tasks are sometimes the only way to protect one’s legal rights.
FAQ
What Is the Lisa Torry Smith Act?
In the past, a motorist had to yield to a pedestrian or bicyclist using a crosswalk before driving through the crosswalk, though they did not have to stop. The Lisa Torry Smith Act is a new Texas law that requires drivers to fully stop and wait until the crosswalk is clear of pedestrians and bicyclists before proceeding.
Who Pays for a Pedestrian’s Injuries in Houston?
In Texas, responsibility for a pedestrian’s medical bills, lost wages, and pain and suffering will depend on who is responsible for causing the collision. If a motorist is negligent and injures a pedestrian, the motorist and their insurance provider will be responsible for compensating the injured person.
How Long Do Pedestrians Have to File a Claim for Damages?
In Texas, injured pedestrians have two years from the date they are hurt to file a claim seeking compensation for their losses. This is a strict deadline, although there are a few exceptions that may apply in extraordinary cases. Nonetheless, filing a claim quickly is the best course of action for pedestrians wanting to exercise their rights.
Contact Ramsey Law Group for Help After a Pedestrian Accident
There is nothing common or ordinary about pedestrian accidents. When you are the victim of a careless driver, your whole world can be turned on its head. What’s more, you are likely to face financial difficulties and barriers in accessing the care you need.
A pedestrian accident attorney at Ramsey Law Group is available to assist you at this moment. Contact our office right away to understand your rights, explore your options, and take action.