Austin Pedestrian Accidents Caused by Traffic Violations Lawyer
Pedestrian accidents in Austin are on the rise. Though you don’t expect to be injured when you leave your home to venture out on foot, in a city that’s growing as Austin is, accidents can happen.
Have you or someone you love been injured while walking in Austin? Was this accident caused by a motorist violating traffic laws? If so, you should consider speaking to the Austin pedestrian accident lawyers of Loewy Law Firm about filing a personal injury claim or lawsuit for compensation. We can help you get the compensation you need to move on after a pedestrian accident. Call 512-280-0800 for a free consultation today.
Motorist Responsibilities in Austin
As in most other states, Texas has laws regarding negligence and the responsibility all citizens owe to one another. Negligence is defined as the failure to use proper or reasonable care, resulting in damage or injury to another. The duty to behave safely and not harm anyone else extends to motorists as well.
Motorists have a responsibility not to harm pedestrians, but pedestrians also have a duty to take reasonable care in crossing an active roadway.
Some of the driver responsibilities toward pedestrians and other vehicles are outlined in the Texas DPS Driver Handbook:
- Drivers must yield the right-of-way to pedestrians at an uncontrolled intersection, when a WALK sign is illuminated at an intersection, or when pedestrian signage is present.
- Drivers must yield at any lighted signal and yield to traffic with the right-of-way.
- Drivers on a single or two-lane road must yield at intersections with a multi-lane highway.
- Drivers must yield to all school buses.
- Drivers exiting from a private road or driveway must stop prior to the sidewalk and allow traffic to pass before entering a roadway.
- Highway drivers must yield to traffic moving from the left to the right lanes.
- Drivers must yield to all emergency vehicles.
- Drivers must obey all roadway signage.
Traffic Violations that Can Lead to Pedestrian Accidents
Pedestrian accidents happen fast. It only takes one distracted, impaired, or inattentive driver to cause an accident ending in severe injury. Some of the ways motorists can cause pedestrian accidents include:
- Speeding. Excessive speed is one of the leading causes of pedestrian accidents nationwide.
- Aggressive or reckless driving. A motorist who doesn’t obey posted speed limits or practice defensive driving techniques is sure to injure a pedestrian.
- Failure-to-yield. Ignoring signage or traffic signals can lead to severe accidents and injuries for pedestrians.
- Impaired driving. Driving under the influence of alcohol or drugs puts both other motorists and pedestrians in extreme danger.
- Inadequate surveillance. If a motorist doesn’t check the sidewalks for pedestrians before making a left or right turn, they can strike a pedestrian who is in those areas.
- Low light conditions. Drivers not using their headlights or failing to maintain their vehicles by not replacing burned bulbs can cause pedestrian accidents.
- Unmaintained vehicles. A motorist who doesn’t look after their vehicle’s maintenance can cause accidents. Bald tires, missing taillights, and old or worn brake components could all cause a vehicle not to respond properly, and a pedestrian accident could result.
Common Injuries Suffered in Pedestrian Accidents
Injuries from accidents involving pedestrians and vehicles are always more severe for the pedestrian. A person weighing 170 pounds is no match for a typical passenger vehicle weighing anywhere from 3,000 to 8,000 pounds. Where the vehicle’s occupant has a safety cage, airbags, anti-lock brakes, and even early-warning systems on some newer vehicles to protect them, a pedestrian has no safety protection at all.
It’s not just the impact with the car the pedestrian has to worry about either. It’s also the secondary impact with the ground or surrounding stationary objects, which can sometimes be more severe than the initial crash.
Some injuries common to pedestrian accidents include the following:
- Traumatic brain injuries
- Spinal cord injuries
- Crushing injuries
- Broken bones
- Scarring and disfigurement
Compensation for a Pedestrian Accident
We will work to help you obtain compensation for your pedestrian accident through a personal injury claim or lawsuit. We can’t provide an estimate for the amount you may be able to obtain until we’ve thoroughly reviewed your case. In general, the greater your losses, the more compensation you should demand from the responsible party.
The value of your claim is determined by examining the losses you’ve sustained. The catch is that you can be compensated for both material and immaterial losses. Material losses are called economic damages, and immaterial losses are called non-economic damages.
Examples of economic damages include the following:
- Medical bills
- Lost wages
- Property damage
- Lost opportunity
- Household expenses
Non-economic damages are subjective and vary widely depending on the circumstances of the accident and your injuries. They relate more to the experience of the accident and the mental trauma associated with it. You may be eligible for compensation for such losses as:
- Pain and suffering
- Mental anguish
- Scarring and disfigurement
- Loss of enjoyment
- Reputational damage
Texas also allows some claimants to collect additional damages in cases of gross negligence, fraud, or outright malice called “exemplary damages.” Unlike compensatory damages, these are not intended to make up for any loss you suffered but are meant as a punishment for the responsible party to deter them from ever acting in the same way again. Talk to your attorney to see if exemplary damages may be available for your claim.
Contact an Austin Pedestrian Accident Lawyer Today
If you’ve suffered severe injury due to a driver’s failure to follow traffic laws, don’t delay any longer. Loewy Law Firm is waiting to take your call. Texas only allows two years from the date of the accident to file a personal injury lawsuit, so the clock is already running against you.
Let the personal injury lawyers at Loewy Law Firm review your case to determine whether you’re eligible for compensation. Our team of dedicated legal professionals will fight to help you get the compensation you need to move on with your life after a pedestrian accident. Don’t wait. Call us at 512-280-0800 today.