Denton Pedestrian Accident Lawyer
Walking is excellent exercise, and for many, a mode of transportation. However, any time you are on or alongside a roadway, you are at an increased risk of harm. If an automobile collides with a pedestrian, the resulting injuries could be devastating if not deadly.
If you or a loved one were struck by a careless motorist while traveling by foot, you might benefit from speaking with a trustworthy injury attorney from the area. A Denton pedestrian accident lawyer could help you hold the negligent driver responsible for the harm they caused.
When Does a Pedestrian Have the Right-of-Way?
Understanding who has the right of way – pedestrian or driver – is vital to assessing liability. Generally, the right of way belongs to pedestrians, and drivers owe those on foot a duty to exercise caution and avoid hitting them, as per Texas Transportation Code § 552.008 and the Code of Ordinances City of Denton, Texas §18-36(j).
Drivers must come to a complete stop if needed to avoid a collision, use their horn to warn of the car’s presence, and remain aware of children or other individuals near the roadway who may not possess the ability to keep themselves safe, such as the visually impaired. Additionally, drivers must yield to those on foot when they have the right-of-way.
Pedestrians have the right-of-way when:
- A control signal displays “walk”
- The pedestrian has the green light
- There are no traffic controls, but the pedestrian is on the driver’s side of the road or about to enter their half of the roadway
- When a vehicle crosses a sidewalk while exiting an alley, private road, or driveway
If another vehicle has come to a full stop to accommodate pedestrians, other vehicles must also yield, as it is a misdemeanor offense to circumvent the stopped car. If a driver strikes a pedestrian because they failed to yield, a local attorney could hold them liable for the resulting damages.
Denton Requirements for People Walking
The Texas Transportation Code also places several obligations on pedestrians. For example, foot-travelers must follow traffic control mechanisms and walk signs. People traveling on foot may not suddenly step out into traffic, even if they enter a crosswalk, and they must utilize tunnels and overhead walkways intended to maximize their safety when available. Similarly, where a road has sidewalks, § 552.006 requires pedestrians to use them. If a person walking violated these regulations at the time of the collision, they could be held partially liable for their injuries, making it difficult for a Denton attorney to help them recover full compensation.
Seeking Compensation from Negligent Motorists
Despite all these laws, pedestrians are still at risk of harm caused by driver distraction, intoxication, negligence, and refusal to yield. In these instances, those on foot may suffer catastrophic injuries and desperately need compensation to pay expenses and put their lives back on track.
To determine who is responsible for an accident involving a pedestrian, skilled lawyers in in Denton could collect important evidence by:
- Investigating the scene
- Interviewing witnesses
- Reviewing police reports, medical records, and other associated documentation
- Engaging accident reconstruction experts
Using this evidence, a legal professional could negotiate with insurance companies or build a strong case for trial to ensure the claimant is properly compensated. Legal restitution could include economic, non-economic, and punitive damages, as per Texas Civ. Prac. & Rem. Code §§ 41.001 – .014.
Call a Denton Pedestrian Accident Attorney
Every car-pedestrian collision is different. However, the injuries sustained by a pedestrian when hit by a car are more often severe, if not deadly, and warrant substantial compensation. A Denton pedestrian accident lawyer could explain your options and work hard for the best resolution for your situation. To get started, call our office today and schedule a free consultation.