In August 2020, law enforcement was finally able to identify a 58-year-old man who was struck and killed while walking on I-35 North in April. He was hit by a truck in the early evening, but due to his lack of identification, could not immediately be identified upon his passing. While the man’s family can now at least get some closure, it is important to keep in mind that pedestrians are the most likely people on the road to suffer serious, life-changing injuries due to another person’s negligence. If you have been struck by a vehicle, you may be able to seek compensation for the harm you have suffered.
Pedestrians Are Vulnerable
The most recent available data from the National Highway Traffic Safety Administration (NHTSA) estimates that approximately 6,300 pedestrians died in traffic crashes in 2018, with the highest percentage of fatal accidents happening between 6 PM and 9 PM. While senior citizens are the most likely to be involved in a pedestrian accident, every age group is affected by the factors that lead to these types of crashes – for example, poor infrastructure, such as a lack of sidewalks or streetlights, may lead to pedestrians walking in the road.
The causes of individual pedestrian accidents are varied, though some tend to reoccur more often than not – speeding, distracted driving, lack of visibility, and substance abuse are some of the most commonly seen factors that can lead to pedestrians being struck by vehicles. Injuries in these types of accidents also tend to be more severe than those involving multiple vehicles, simply because pedestrians do not have the protection of vehicle passengers and drivers. The sheer weight and velocity involved can lead to life-changing injuries.
If You Are Injured
If you have been injured, and you believe it is due to another person’s negligence, you can file suit against them in order to try and recover for your medical bills and other expenses. In Texas, motorists have a duty to exercise reasonable care toward everyone else on the road, which does generally apply to pedestrians as well as other drivers. Failure to exercise reasonable care (though ‘reasonable’ can be subjective) breaches that duty, and a showing of a breach of duty, plus arguing that no other cause factored into your injuries, can often lead to a finding of liability against the defendant.
Be advised that if you have been injured by an 18-wheeler or another driver who is clearly ‘on the clock,’ you may be able to file suit against not only the driver, but their employer as well (which may be better placed to cover a judgment if your suit is successful). This is referred to as the doctrine of vicarious liability, and it states that if an employee commits a tort (a civil wrong) while acting within the course and scope of their employment, their employer may also be on the proverbial hook.
Contact a New Braunfels Pedestrian Accident Attorney
Pedestrians run a variety of risks when out on the road, but if you have been injured by someone’s negligence, you do have options to try and recover the losses you have sustained. Contacting the skilled New Braunfels pedestrian accident lawyers at the Bettersworth Law Firm can help you to determine the best path for you and your family as you try to get your life back on track. Call our offices today at 888-392-0039 for a free consultation.