Essential Steps After Being Hit as a Pedestrian in Northwest Harris County. What to do after a Pedestrian Accident.

Pedestrian Accident in Cypress: Understanding Crosswalk Rights Under Texas Law

Suffering injuries in a car accident as a pedestrian is a life-changing experience. When you’re a pedestrian, there’s little to no protection against a vehicle’s momentum. The injuries from being hit by a vehicle are often serious and even life-altering. As a pedestrian in Houston, you are entitled to medical care if you are injured in an accident by a negligent driver. However, the medical bills for these serious injuries can quickly run into the hundreds of thousands of dollars. 

If you were recently hit by a driver in Cypress, Hockley, or Waller, it’s important to know your rights as a pedestrian as well as the pedestrian right of way laws in Texas.

Pedestrians Always Have the Right of Way, Right?

Most people assume that a pedestrian always has the right of way, but the law is actually a lot more specific. The Texas Transportation Code states that all pedestrians must follow rules of the road and that all drivers have a duty to yield the right-of-way to pedestrians. As a pedestrian, you have the right-of-way when a driver:

Must yield to you according to Subsection (a) of this section.

Is approaching so closely from the opposite half of the roadway as to be in danger.

The driver must allow the pedestrian to enter the closest side of the crosswalk to which the driver is approaching, and in all cases when there is no traffic control signal in operation at an unmarked crosswalk at an intersection.

A driver approaching a pedestrian within a crosswalk always has a duty to yield the right-of-way to that pedestrian. However, insurance companies often claim that a pedestrian stepped into the path of the vehicle after it was “impossible to stop.” Texas law also states that “a pedestrian shall not suddenly leave a curb or other place of safety and walk or run into the path of a vehicle that is so close as to constitute an immediate hazard.”

The law is specific in other cases, as well, stating that a pedestrian can “refuse” to enter a crosswalk if a car is “approaching so closely” as to be an immediate hazard. It is also illegal for the driver of a vehicle that is stopped at a crosswalk to pass the stopped vehicle until the pedestrian has completely crossed the roadway.

Comparative Fault in Your Case

You may be able to recover damages from a driver, even if you were partially responsible for the accident. Texas law follows a modified comparative fault rule, which allows for a plaintiff to collect if he or she is 50% or less at fault. The amount of damages collected is reduced by the plaintiff’s percentage of fault. For example, if a pedestrian is 20% at fault, he or she can collect 80% of the total compensation awarded.

However, if a jury finds the pedestrian to be more than 50% at fault, he or she will be barred from collecting any damages from the other driver. Because this is such a large risk for pedestrians, it is important for the accident to be thoroughly investigated and a strong case to be presented.

Steps to Take After an Accident in Cypress, Hockley or Waller

If you have been hit by a car in Northwest Harris County, take the following steps:

Call 911: 

The police should be called so that an accident report can be filed. This will help prove your claim in the future because it will be on file at the police department. The officer will also be able to make an investigation at the scene of the accident and gather important details about the other driver and the circumstances surrounding the accident.

Get Photos of the Accident Scene: 

Take photos of the damage to the car, your injuries, and the location of the accident, including the crosswalk or intersection. Be sure to capture any traffic signals that may have been present or signs that may be relevant.

Get Witness Information: 

Ask anyone who may have seen the accident to provide their names and contact information so they can be contacted by your attorney.

Go to the Doctor: 

After being hit by a car, go to the hospital to be checked out, even if you think your injuries are minor. You will need to have a medical professional diagnose your injuries, which creates a medical record and may aid your future claim.

Don’t Talk to the Insurance Company: 

The insurance adjuster who contacts you will not have your best interests at heart. In fact, their job is to find ways to minimize or completely deny your claim. They may also try to get you to admit fault or to downplay the seriousness of your injuries. Let your attorney handle all communication with the other side.

The Deadline to File Your Claim

Pedestrian accident cases can be complex, so it’s important to get help from an experienced personal injury lawyer in Harris County. It’s also crucial that a lawyer help to meet a legal deadline. In Texas, you have two years to file a lawsuit to protect your rights under the statute of limitations. Two years may not seem like a short period of time, but investigations take time and evidence must be preserved in order to build a case. Do not risk losing your case and your ability to collect damages by waiting too long.

The attorneys at The Law Office of Shaw Clifford have the experience and skill to help you get the compensation you deserve for your injuries. Contact our office today for a free consultation.

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