Austin Pedestrian Accident Attorney
There is no shortage of foot traffic on Austin’s streets. As these multitudes of pedestrians compete for space with the ever-present horde of motor vehicles, accidents are bound to happen. Unfortunately, Austin motorists regularly fail to yield the right of way to pedestrians. This carelessness often has tragic consequences for unsuspecting and vulnerable pedestrians. Many pedestrian accident victims die from the impact of a motor vehicle. Those who survive may suffer permanent life-altering injuries. If you have sustained an injury in an accident as a pedestrian in Austin, you may have the right to seek compensation. A personal injury attorney, or a pedestrian accident lawyer, can evaluate your case and help you consider your options.
The accident lawyers at the Loewy Law Firm provide experienced representation in all personal injury matters, including pedestrian accidents. Schedule a free consultation with an Austin pedestrian accident attorney at the Loewy Law Firm. Contact us immediately for assistance with your legal needs.
Texas Law Protects Pedestrians
Pedestrians generally have the right of way on Texas streets, roads, and highways. However, this right of way is not absolute. Pedestrians must yield to motor vehicles in a few situations. For example, pedestrians must yield to vehicles when crossing at a location that is not at a crosswalk. Even if a pedestrian fails to yield when required, Texas law requires drivers to exercise due care to avoid colliding with a pedestrian.
Texas law also obligates drivers to give a warning by sounding their horns when necessary. Drivers must take extra precautions when observing a child or a confused or incapacitated person on the road.
When should motorists yield to pedestrians?
- Motorists must yield to pedestrians crossing in a crosswalk, even when the motorist is permitted to make a turn.
- Motorists must yield to pedestrians when pulling out of or into an alley or driveway.
- Motorists may not pass another vehicle stopped for a pedestrian crossing a roadway.
When should pedestrians yield to vehicles?
- Pedestrians must yield to vehicles when crossing at a location away from a crosswalk.
- Pedestrians must follow traffic controls such as signals and signs when crossing the street.
Causes of Pedestrian Accidents
In most cases, pedestrian accidents are the fault of a motorist. Despite observing traffic regulations to the letter of the law, pedestrians may still suffer injuries at the hands of neglectful drivers. A few of the different causes of accidents are the following:
As every motorist knows, the advancement of mobile phone technology in the last few decades has created a new form of driver distraction. In addition to eating, listening to the radio, and dealing with others in the car, drivers also check their cell phones regularly while on the road.
Although Texas law prohibits motorists from reading, writing, or sending electronic messages while driving, many Texas drivers continue to use their phones illegally. If a law enforcement officer cites you for texting while driving in Texas, this charge will become part of your criminal record.
Vehicles traveling at high speeds increase the likelihood a vehicle will strike a pedestrian. A driver is less likely to see a pedestrian in time to stop when they are driving too fast. Speeding also increases the severity of any resulting injuries for both motorists and pedestrians.
Failing to Yield the Right of Way at Crosswalks
Many pedestrian accidents resulting from a failure to yield are the motorist’s fault. These accidents caused by failing to yield often happen when drivers make left turns. Accidents typically result because a driver fails to see a pedestrian in a crosswalk as the driver begins their turn. Often, drivers are paying attention to oncoming traffic rather than where they are turning.
Failure to Signal or Obey a Traffic Sign or Signal
Drivers failing to follow traffic laws, such as signaling a turn or stopping at a signal or stop sign, cause many pedestrian accidents. Both drivers and pedestrians must follow traffic laws to stay safe.
Failure to Account for Weather and Road Conditions
In Texas, drivers must consider weather and road conditions that may necessitate driving at a lower speed or taking other precautions. Although a driver may not be speeding, if it rains, slick roads can cause them to lose control of their vehicle.
Driving under the Influence of Drugs or Alcohol
When you consider that unimpaired drivers can pose a considerable threat to pedestrians, intoxicated drivers have even greater potential to cause serious, life-threatening injuries. One alcoholic beverage can reduce a motorist’s ability to perceive and react to a pedestrian in time to avoid an accident.
Types of Injuries Suffered in Pedestrian Accidents
A motor vehicle collision with a pedestrian or bicyclist can have tragic results. Because pedestrians absorb the brunt of any collision, pedestrians often suffer life-altering and even fatal injuries. Pedestrians and bicyclists are especially vulnerable to severe injuries since they have little protection from passenger cars that weigh over 4,000 pounds.
When a pedestrian faces off against a two-ton automobile, the result rarely favors the pedestrian. Thick steel, metal, and hard plastic layers protect drivers of passenger cars during a crash. Safety belts and airbags provide even more protection. Pedestrians have nothing to cushion the impact of a motor vehicle.
The most recent data on pedestrian accidents indicates:
- Motor vehicle accidents kill over 800 pedestrians annually in Texas.
- One in five persons who suffer fatal injuries in car accidents is a pedestrian.
- Pedestrians account for over 100,000 emergency room visits for non-fatal accident-related injuries.
Here are some of the most common injuries sustained by pedestrians:
Traumatic Brain Injury
Injuries to the brain are often life-altering and permanent. Violent blows to the head are the leading cause of traumatic brain injuries. Serious brain injuries can require extensive treatment and rehabilitation.
Paralysis occurs when some trauma severs the spine. A spinal injury can result in paralysis below the injury site. Paralysis often has permanent, life-altering effects.
While the brain is the body’s supercomputer, the spine is the body’s main information conduit, delivering messages from the brain to different areas of the human body. Spinal damage can lead to permanent injuries. If the spine is transected, it can lead to paralysis below the site of the injury.
Direct collisions with heavy automobiles have the potential to break bones, and often do in many pedestrian accidents. Fractures and other orthopedic injuries can require several months of treatment and therapy. Broken bones can also require expensive surgeries and extensive physical therapy and rehabilitation.
A pedestrian accident can cause injuries such as internal bleeding, brain bleeding, or organ damage. A pedestrian accident can also cause a ruptured spleen or punctured lung. Internal injuries such as these remind us to always remain vigilant for slow-developing symptoms of undiscovered injuries after an accident. If you delay treating these injuries, you risk permanent injury or death.
Soft Tissue Damage
Injuries such as sprains, strains, tears, contusions, and lacerations are examples of soft tissue damage. While these may seem minor and often insignificant, they can generate significant pain and affect mobility. Recovery from a soft tissue injury can take several months and even require surgery. A soft tissue injury can cause permanent scarring and disfigurement in rare cases.
Burns and Abrasions
A car that drags a pedestrian can produce extreme cuts and abrasions from contact with the pavement and other objects. A severe abrasion can cause scarring and disfigurement. If you suffer a permanent change in your appearance, you may claim this loss as part of your request for compensation. Also, pedestrians who sustain burn injuries and scrapes might suffer permanent disfigurement as a result of their injuries. Specific compensation may be available to these victims for the permanent changes to their appearance.
Compensation Available for a Pedestrian Accident Injury
A pedestrian accident attorney can help you seek compensation in a personal injury lawsuit to recover for:
- Current and future medical bills for treatment, therapy, rehabilitation, medical devices, and prescription medications
- Lost wages and lost future earnings
- Pain, suffering, and mental anguish
- Lost quality of life
Most parties settle personal injury claims without filing a lawsuit. We will negotiate with insurance companies on your behalf to help you obtain a settlement of your claim. If an insurance company refuses to settle, we will file a lawsuit and aggressively assert your demand for compensation in a Texas civil court.
Why Choose the Loewy Law Firm as Your Pedestrian Accident Attorney?
The Loewy Law Firm has a long, proven track record of success in providing superior legal representation and customer service. Adam Loewy is an Austin pedestrian accident lawyer committed to helping clients obtain compensation when the negligence or recklessness of others has harmed them. We act as zealous advocates for our clients in all personal injury matters.
Numerous peer-review organizations, including the National Academy of Personal Injury Attorneys and the Million Dollar Advocates Forum, have recognized Adam Loewy’s impressive work in personal injury law.
The Loewy Law Firm takes every personal injury case, including pedestrian accident cases, on a contingent fee basis. You only pay legal fees if we successfully resolve your pedestrian accident case. More specifically, you pay no attorneys’ fees unless we help you recover financial compensation.
Contact an Austin Pedestrian Accident Lawyer Today
If you suffered injuries in a pedestrian accident in Austin, an experienced pedestrian accident attorney can help you seek compensation for your losses. The team at the Loewy Law Firm can help you develop a strong compensation case. Contact the Loewy Law Firm at (512) 280-0800 to schedule a free consultation without risk or obligation.