El Paso Pedestrian Accident Attorney
Harmonson Law Firm: Fighting for the Fair Recovery You Are Owed
If you have been involved in a pedestrian accident in El Paso and were injured as a result, Harmonson Law Firm can help you seek compensation from the negligent party as quickly and effectively as possible.
Our El Paso pedestrian accident attorney understands that these types of incidents are often most detrimental to the person on foot while the driver of the vehicle suffers minimal damage in comparison. A person has very little chance against a speeding car or even one that is merely pulling out of a parking lot. If you or a loved one has been injured in an accident, it is important to consult with our lawyers to ensure that you have an experienced ally in your corner. Since 2004, Clark Harmonson has represented injured individuals and their families and he knows how to take on large insurance companies in pursuit of a just recovery.
Contact us at (915) 233-6427 to schedule your complimentary case evaluation with our dedicated El Paso pedestrian accident attorney!
How Do Pedestrian Accidents Occur?
Pedestrian accidents occur when a person on foot, rollerblading, or skateboard is hit by a vehicle. In the United States, more than 70,000 people are injured in pedestrian accidents every year, with over 4,000 of these incidents resulting in death. Pedestrian accidents can occur anywhere at any time, including in parking lots, on city streets, or on country roads. Common examples of pedestrian accident cases typically occur when a person is using a crosswalk or passing the entrance/exit of a parking area that a motorist is trying to quickly enter or exit.
The driver is often negligent in these accidents for numerous reasons, including:
- Disobeying traffic signals
- Distracted driving
- Eating behind the wheel
- Texting/cell phone use
- Failure to yield to pedestrian right-of-way
- Horseplay inside the vehicle
- Driving under the influence of alcohol/drugs
- Lack of attention to surroundings
- Speeding and/or reckless driving
The overall cause of a pedestrian accident is often simply that the driver was not paying attention. Being distracted behind the wheel can lead to serious, life-altering injuries such as head, neck, and spine fractures, broken bones and ribs, concussions, bruising, cuts, scrapes, road rash, needed surgeries, and even death.
Texas Pedestrian Laws
Pedestrian laws in Texas aim to ensure safety for both pedestrians and drivers. Here are the key aspects:
- Right of Way for Pedestrians: Pedestrians have the right of way at marked crosswalks, meaning drivers must yield when they are in or approaching these areas. Even at unmarked crosswalks, typically found at intersections, pedestrians have the right of way unless traffic signals indicate otherwise. However, if a pedestrian is crossing the road outside of a crosswalk, they must yield to traffic.
- Crosswalk Behavior: Pedestrians should use marked crosswalks whenever available, especially at intersections, to cross safely. If no crosswalk is present, pedestrians must cross the street at a right angle to the road. Pedestrians who cross inappropriately outside crosswalks, known as jaywalking, can face fines and are not granted right of way.
- Pedestrian Signals: Pedestrians must wait for the "Walk" signal before crossing when traffic lights are present. If there is no signal, pedestrians should ensure it is safe to cross by checking for a gap in traffic. Crossing during a "Don’t Walk" signal is illegal and can result in fines or unsafe situations.
- Walking on Roadways: When a sidewalk is available, pedestrians are required to use it. If there is no sidewalk, pedestrians must walk on the road's left side, facing oncoming traffic, to stay visible to drivers. This helps pedestrians stay as safe as possible while walking along roads without designated pedestrian paths.
- Impaired Pedestrians: Pedestrians under the influence of alcohol or drugs may not be on the roadway if it endangers their safety or others. Being impaired while walking can lead to accidents and legal consequences for the pedestrian. It’s essential to stay sober when crossing or walking on roadways.
- Distracted Pedestrians: Although there’s no law against distracted walking, using phones or other devices while crossing the street can be hazardous. Pedestrians should avoid distractions to ensure they are aware of their surroundings and can react quickly to traffic. Being focused while crossing helps prevent accidents.
- Pedestrian Safety in Parking Lots: In parking lots, pedestrians have the right of way on sidewalks and in crosswalks, but they should be cautious of vehicles moving in the area. Drivers in parking lots should also be on the lookout for pedestrians. Both drivers and pedestrians should share the space safely to avoid accidents.
- Jaywalking: Jaywalking is crossing the street outside of a designated crosswalk or ignoring traffic signals, which is illegal in Texas. Pedestrians caught jaywalking may be fined for not following traffic rules. To stay safe and avoid penalties, always use crosswalks and obey signals when crossing streets.
Put Our Experienced El Paso Pedestrian Accident Attorney on Your Side
At Harmonson Law Firm, we understand how overwhelming the legal system can seem after an unexpected accident. Not only are you dealing with physical injuries, but you are likely facing extreme mental and emotional distress as well. Attempting to navigate the legal process on top of all this can be daunting. Instead, let our experienced El Paso pedestrian accident attorney handle your case. With more than 13 years of experience and an Avvo Rating of 10.0 Superb (a service of Avvo, Inc.), Attorney Clark Harmonson has the skills, resources, and in-depth knowledge of the legal system to fight for you and your family.
Call our firm today at (915) 233-6427 to get started with a free initial consultation.
From Injury to Recovery FAQ's to Help Start Your Journey
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If I am injured by a motor vehicle as a pedestrian, can I sue the driver?If a driver negligently hits and injures or kills a pedestrian, then the at-fault driver is responsible legally for the injuries and losses caused by the accident. Also, a pedestrian’s own automobile insurance provides certain protection to the pedestrian, including medical payments and personal injury protection, and uninsured and underinsured motorist coverage. This may leave…CONTINUE READING
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What damages are recoverable in pedestrian accident cases?Pedestrians injured by negligent drivers are entitled to recover all past and future medical bills, lost wages, pain, suffering, mental anguish, physical impairment, disfigurement, and all other legally recognizable harms and losses. If the negligent driver and their insurance company are not willing to fairly pay you in a settlement, a great lawyer from Harmonson…CONTINUE READING
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What if I was partially at fault for a pedestrian accident because I was outside the crosswalk?Proportionate responsibility laws determine the effect of your own potential partial fault in causing an accident. Your recovery will be reduced by your percentage of responsibility for causing an accident. In Texas, a person may not recover anything if he or she is more than 50% at fault for causing an accident. New Mexico has…CONTINUE READING
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What if one of my family members were injured by an uninsured/underinsured motorist as a pedestrian?If a loved one has been injured or killed by an uninsured or underinsured motorist then you may be facing not only physical recovery, grief, and an inability to work and make a living, but also financial struggles. When your pedestrian accident was the result of carelessness or negligence on the part of the driver,…CONTINUE READING
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Can a pedestrian be at fault in a car accident?While pedestrians most often have the right-of-way in traffic, this does not mean that a pedestrian cannot be considered at fault for an accident. While a pedestrian may be the most injured in an accident and have the most medical costs, that doesn't automatically relieve them of all fault. In New Mexico, fault is based…CONTINUE READING
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