Recently, a New Braunfels man was struck by a car and killed while he was pushing a shopping cart across I-35 South. The pedestrian was wearing dark clothing, and the young driver did not see him until it was too late to take evasive action. The pedestrian was pronounced dead at the scene. As of this writing, no charges are being filed against the driver, but in many pedestrian accidents, this will not be the case. If you or a loved one has been injured due to a driver’s negligence, you may be able to seek compensation for your medical bills.
Pedestrian Fatalities on a Net Rise
Statistics from the National Highway Traffic Safety Administration (NHTSA) report a very slight decrease in pedestrian fatalities in 2017, with just under 6,000 being reported. Many of the reported correlations from past years remained the same, however – for example, over two-thirds of those killed in pedestrian accidents were male, which has been the case for several years running. Another notable correlation is timing – for the last few years, the highest percentage of fatal accidents with pedestrians occurred between the hours of 6 pm and 9 pm.
Generally, pedestrians have a fairly high injury and fatality rate simply because they have little to no protection from the heft and velocity of an automobile. However, certain demographics tend to be injured or killed more often, for a variety of reasons, many of which have to do with lower income and/or poor infrastructure. For example, those in lower-income neighborhoods are more likely to be in accidents because streetlamps and sidewalks are more likely to be in bad repair.
How to Bring Suit
Because of the nature of most pedestrian accidents, injuries sustained in this type of crash can be extremely devastating. Some of the most common injuries seen include traumatic brain injuries (TBIs), broken bones, whiplash, and psychological conditions like shock and post-traumatic stress. If you have been injured, you may be able to bring suit under a theory of negligence, so that you can try and recover for your injuries. Some people choose not to sue because they believe their own negligence makes recovery impossible, but in Texas, as long as you are not ruled to be more than 51 percent responsible, you may still be entitled to recover.
You must be able to show that the defendant breached their duty to exercise reasonable care in order to recover, and an experienced attorney can help you do just that. A lawyer who is well versed in pedestrian accident cases can help you negotiate with your insurer, and can help you gather as much information as possible that you may then be able to use in your suit. Dealing with post-accident negotiations should not be something you deal with alone.
Contact a New Braunfels Pedestrian Accident Attorney
While the pedestrian in the New Braunfels accident, unfortunately, died at the scene, if you are involved in a pedestrian accident, you may be able to be compensated for your injuries if you approach the matter in the right way, and having an experienced attorney on your side can help improve the odds. The skilled New Braunfels pedestrian accident lawyers at the Bettersworth Law Firm will work hard for you so that you can focus on healing and moving on. Call our office today at 888-392-0039 to schedule a free consultation.