In Texas, walking is a common mode of transportation, especially in urban areas. However, pedestrians are particularly vulnerable to serious injuries if they are involved in an accident. Distractions are one of the leading causes of pedestrian accidents, with both drivers and pedestrians being responsible.
A pedestrian who has been hit by a distracted driver in Texas may be eligible to seek compensation through an insurance claim or lawsuit, but only if the driver was at fault. However, if the pedestrian caused the collision, the case may become more complex and challenging to pursue.
How Distracted Drivers Can Cause Pedestrian Accidents
To drive safely, motorists need to focus their eyes, hands, and mine on the act of driving. A driver who is distracted may fail to notice pedestrians crossing the street or entering a crosswalk, which can result in a collision. Even a momentary distraction can have devastating consequences.
Common driver distractions include:
- Texting or talking on the phone while driving
- Eating or drinking while driving
- Adjusting the radio or music player
- Interacting with passengers
- Using a navigation system or map
- Applying makeup or grooming while driving
- Driving while drowsy
How Distracted Pedestrians Can Cause Accidents
While distracted drivers are often blamed for pedestrian accidents, pedestrians can also cause these collisions. Many people fail to pay proper attention to their surroundings while walking, resulting in serious accidents. Distracted pedestrians may fail to notice traffic signals, oncoming vehicles, or other hazards.
Some of the most common distractions for pedestrians include:
- Talking or texting on the phone
- Using headphones or earbuds
- Focusing on a mobile device or reading a book
- Listening to music or a podcast
- Engaging in a conversation with others
If a pedestrian is responsible for the accident, he or she could struggle to recover compensation in an accident claim. The insurance company may reduce the award amount or deny the claim entirely. In a lawsuit, Texas’s comparative fault laws will reduce the final settlement by the percentage of fault that the pedestrian holds.
What to Do If You Are Hit by a Distracted Driver
If you are hit by a distracted driver while walking, you can feel scared or overwhelmed. In these situations, there are several steps you should take to protect yourself and preserve evidence for a future legal claim.
After the accident, take the following actions as soon as possible:
- Call 911: Report the accident to the police and request medical assistance for any injuries. The responding officers will create a report that you can use as evidence in an insurance claim or lawsuit.
- Seek Medical Attention: Even if you feel fine, it is important to get checked out by a medical professional to identify any injuries that may not be immediately apparent. Save all of your medical records.
- Collect Evidence: Take photos of the scene of the accident, including any damage to the vehicle involved and any injuries you have sustained. Speak to any witnesses in the area and ask for their contact information.
- Speak to the Driver: Collect the distracted driver’s insurance, contact, and license details. Keep your interaction brief and do not make any statements about your injuries or how the accident happened.
Once you have received medical attention for your injuries, contact a Texas pedestrian accident lawyer as soon as possible. Your lawyer can evaluate your case, determine your legal options, and take the first steps toward recovering the compensation that you deserve.
