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No walking -- run when seeking justice following pedestrian crash

Every year, about 5,000 pedestrians lose their lives in car accidents. Meanwhile, more than a whopping 70,000 sustained injuries in 2012.

Unfortunately, if you are walking in Texas and a car hits you, this can take both an emotional and a financial toll on you. However, you have the right to seek compensation if the accident was the result of a driver's carelessness.   

What should I do following the accident?

A driver who might be at fault in your pedestrian accident may attempt to place the blame on you for the crash. Here is what you should do immediately following the accident.

  • Contact the police right away; the police can file an accident for you.
  • Stay at the crash scene until help arrives; otherwise, you might face a hit-and-run charge.
  • Gather the names and telephone numbers of all witnesses.
  • Do not make statements to anybody, including insurers and drivers.

These steps will help you to protect your best interests, financially, following the wreck.

The driver's responsibility

A driver must exercise caution, given the circumstances on the road before him or her. Not doing this represents negligence. Below are common factors that contribute to motorist negligence:

  • The driver is speeding.
  • The driver is texting or engaging in other distracting activities.
  • The driver fails to follow traffic signals and signs.
  • The driver does not allow pedestrians to walk on crosswalks, even though the pedestrians have the right-of-way in these situations.
  • The driver does not take current traffic or weather conditions into consideration.
  • The driver does not signal while making a turn.
  • The driver drives while impaired by alcohol or drugs.

Any of these behaviors may make the driver who caused your accident financially responsible for your resulting injuries.

What do I have to prove?

If you have suffered injuries in a pedestrian collision, you have to prove the following in order to recover the damages sustained in the accident:

  • The driver had a responsibility to exercise caution around you.
  • The driver did not fulfill this responsibility, either due to his or her inaction or action.
  • The driver's inaction or action caused the accident in which you were involved.
  • The driver harmed you in the accident.

If you can successfully prove this and receive compensation, the compensation can help you to cover your medical costs and other losses suffered in the accident you experienced while walking from point A to point B.

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