Navigating Insurance Claims for Pedestrian Accidents in Dallas

When it comes to the safety of pedestrians, Texas is among the most dangerous. According to the Governors Highway Safety Association, it was one of the four deadliest states for pedestrians in the United States over the last several years. And an average of about 350 people in our state are killed as pedestrians annually, per the National Highway Traffic Safety Administration.

Typically, if a driver stays at the scene or police officers can find the motorist who hit and injured you or your loved one, you have a better chance of receiving compensation. From there, if you can establish the motorist was at fault, he or she will have to pay for the damages, as will his or her insurance carrier. However, the state of Texas mandates just $30,000 in bodily injury liability coverage, and the medical bills for your family member might quickly add up to that amount and more.

In such a situation, it may be necessary to seek compensation from the victim's own UIM policy, and if you're unsure of where to turn, it's essential to contact an attorney right away. Read on to learn more about the essential information you'll need to start a pedestrian accident claim with your insurance company, and speak to a lawyer you can trust if you have questions about the process.

Pedestrian Laws in Texas

Many aspects of the law tend to be difficult to understand, particularly when they vary from one state to the next. Of course, there are pedestrian laws in Texas that you should be aware of if you plan on walking throughout the state. Texas has pedestrian regulations in place to promote and enforce pedestrian safety. By following the rules, we can all do our part to keep pedestrians safe. Pedestrians are subject to the same regulations as motorists in Texas governing both marked and unmarked crosswalks, per the Texas Transportation Code, such as the below:

• Unless the sole green light is a turn arrow, pedestrians facing a green signal may cross the street inside designated or unmarked crosswalks.
• When the pedestrian crossing light is red or yellow, pedestrians are not allowed to cross the street.
• Unless otherwise instructed by law enforcement or other authorized personnel, you must follow the aforementioned regulations.

There are "Walk," "Don't Walk," and "Wait" control signals. When the "Walk" button is lit up, pedestrians are allowed to cross.

The pedestrian has the right of way, and drivers should respect that. If the controls say no, then you shouldn't cross the street. If you are already halfway across the street when the lights change to "Don't Walk" or "Wait," you are allowed to continue. Unfortunately, some crosswalks have no traffic lights.

When this occurs, the motorist must let the person cross first to satisfy pedestrian safety rules in Texas. The motorist must also stop to accommodate pedestrians who are on the same side of the road as them or who are approaching that side of the road at an unsafe rate of speed. A pedestrian is obligated to utilize a sidewalk if one is there unless that sidewalk is restricted in some way. If the sidewalk is closed, pedestrians should use the left shoulder or the road.

Insurance Claims After a Pedestrian Crash in Texas

So, what happens if you sustain injuries while crossing the street? In certain cases, you can secure compensation to cover your injuries and other losses.

You have to prove that another person was at fault for the accident that hurt you to collect damages. You'll often need to prove that the other party was careless. Motorists are responsible for avoiding hitting or running over pedestrians on the road.

A motorist is likely negligent if he or she fails to use reasonable care and causes an accident involving a pedestrian (for example, by texting while behind the wheel). The culpability for an accident may lie with both the motorist and the pedestrian. Modified comparative fault is the standard in Texas.

Therefore, a plaintiff's award of damages would be lowered by their degree of guilt. Furthermore, the plaintiff cannot get compensation if they were more than 50% responsible for the accident.

Do Pedestrians Always Have the Right of Way?

In Texas, pedestrians are sometimes deemed at fault or at least partially at fault for car accidents. Pedestrians, like motorists and other road users, must obey traffic laws and adjust their behavior to the environment. If they fail to do so, they may have to pay for the other party's losses in whole or in part. Pedestrians are only allowed to cross the roadway at crosswalks and when the appropriate signals are activated.

However, they are not allowed to walk in some locations according to Texas law:

• Bridges
• Major highways and freeways
• High-traffic roadways, outside of crosswalks

If a pedestrian is struck by a vehicle while jaywalking or in one of the aforementioned locations, it's possible that both the pedestrian and the driver might be at fault. In a situation of shared fault, both the motorist and the pedestrian have some responsibility for the collision.

Accordingly, the Texas courts may apportion blame and decrease monetary compensation for both parties in proportion. That said, you may only get compensation if you were determined to be less than 50% responsible for the pedestrian accident.

Call a Pedestrian Accident Lawyer in Dallas

In the aftermath of a serious pedestrian accident, you should not hesitate to contact a Dallas personal injury attorney due to the legal intricacies of our state and the necessity for competent counsel. The good news is that you and your family may be entitled to compensation to help ease the burden of anticipated expenses.

In Dallas, our team here at the Rasansky Law Firm has been helping victims of accidents caused by negligent and reckless parties for over three decades. In addition, our team of experienced and reputable Dallas car accident lawyers provides reliable legal counsel to our customers at every stage of the claim process.

Contact our Dallas pedestrian accident attorneys immediately if you were hurt in a Texas crash through no fault of your own. If you have any concerns regarding your legal situation and would like a free consultation with one of our lawyers, please call 214-617-1816. We'll do all we can to help you win your case and get compensation for your injuries due to someone else's carelessness.