Call for a Free Consultation 361-882-8822
English   Spanish
The Burkett Law Firm Blog

Pedestrian Car Accident: What To Do If You’re Hit By A Car In Texas

pedestrian car accident
Our Corpus Christi car accident lawyers explain what to do if you are hit by a car in Texas and how to protect your rights in filing a pedestrian accident claim.

A pedestrian car accident in Corpus Christi can result in serious, potentially life-threatening personal injuries. When the reckless actions of motorists are to blame, our Corpus Christi car accident lawyers at The Burkett Law Firm help you hold them accountable. Find out more about the common causes of pedestrian accidents and what to do if you are hit by a car in Texas. 

Common causes of pedestrian car accidents in Texas

Texas has one of the highest rates of pedestrian car accidents in the country. According to the latest statistics from the state Department of Transportation (TxDOT), close to 6,000 pedestrians were injured in 2018 and the number continues to climb each year.  

A pedestrian car accident in Corpus Christi can happen along rural roads, major highways, or in local neighborhoods. They are particularly common at intersections and in areas where sidewalks are unavailable. Reckless driving on the part of motorists is a common cause. This includes:

  • Aggressive driving, such as failing to yield to pedestrians in crosswalks;
  • Distracted driving, such as texting while driving;
  • Driving while under the influence, which can involve alcohol, illegal drugs, or medications;
  • Drowsy driving, which mimics many of the same effects as driving impaired;
  • Running red lights and stop signs, one of the leading causes of pedestrian car accidents;
  • Speeding and going too fast for road conditions, which not only increases the likelihood of a crash but also the severity of injuries.

Common types of pedestrian accident injuries

With little to protect them in car accidents, injuries pedestrians suffer are often severe. Common types of injuries suffered by pedestrians hit by a car include: 

  • Back and neck injuries, such as whiplash, fractured vertebrae, and damage to discs;
  • Broken bones, which often involve multiple fractures;
  • Burn injuries, due to contact with hot engine parts or fluids;
  • Crushing injuries, causing damage to body limbs and internal organs;
  • Deep cuts and lacerations, resulting in permanent scarring;
  • Head injuries, including concussions and traumatic brain injuries (TBI);
  • Soft tissue injuries, impacting muscles, tendons, and ligaments;
  • Spinal cord injuries, resulting in partial or complete paralysis. 

 

When these and other types of pedestrian car accident injuries happen, you can count on The Burkett Law Firm to help you hold those at fault accountable for their negligence.

Can the pedestrian be at fault in a car-pedestrian accident?

pedestrians violating rules of the road and risking a pedestrian car accident
In cases where they violated the rules of the road, pedestrians may be partially at fault if hit by a car in Texas.

Drivers have a legal duty to take precautions to prevent pedestrian accidents, but there are rules of the road that pedestrians must follow as well. Under Section 552.01-06 of the Texas Transportation Code, pedestrians have the right of way at designated crosswalks and intersections where traffic control signals display a green light or ‘walk’ sign. However, they are required to yield to drivers in unmarked intersections, to use sidewalks where available, and to avoid putting themselves at unnecessary risk. When they fail to do so, it is referred to as comparative negligence. 

Comparative negligence is a legal theory in which both parties share a portion of the blame. You may still be entitled to compensation for your injuries, but the amount would be reduced based on the percent you are determined to be responsible. For example: 

  • A pedestrian car accident in Corpus Christi leaves you suffering $100,000 worth of damages;
  • The driver is determined to be 60 percent to blame;
  • As you are determined to be 40 percent responsible, the amount you may be entitled to collect in your claim is $60,000. ($100,000 minus 40 percent).

Safety tips to prevent pedestrian car accidents

To prevent a pedestrian car accident in Texas, take the following steps to protect yourself: 

  • Increase visibility when walking by wearing light, bright colors;
  • At night, carry a flashlight or wear reflective clothing;
  • Avoid using earbuds, which could block warning signs of an impending crash;
  • Stick to sidewalks and use designated crosswalks at intersections; 
  • Avoid walking under the influence of alcohol or when taking medications.  

What to do if you’re hit by a car in Texas

When a pedestrian car accident in Corpus Christi happens, damages you may be entitled to in a claim can help offset medical expenses, lost wages, and other costs you incur. To protect your rights in a claim, follow these steps: 

  • Report the accident immediately to law enforcement;
  • Get the name, contact and insurance information for the driver involved;
  • Gather evidence, such as the names of witnesses and photos of the scene;
  • Seek medical attention right away;
  • File a claim with the at-fault driver’s insurer;
  • Contact our Corpus Christi car accident lawyers before accepting any settlements. 

Don’t try to "walk it off" after a Texas pedestrian car accident

At The Burkett Law Firm, every case is personal so you can trust us to provide the caring support and professional legal representation you need after a pedestrian car accident. Since 1960, our Corpus Christi car accident lawyers have been helping injured victims seek full compensation. Contact us online or give us a call today to request a free consultation.