Crosswalk Accidents Involving Pedestrians
Residents rely heavily on vehicles in the spread-out Dallas-Fort Worth are of Texas. The region is also unfriendly to pedestrians. In fact, the Dallas-Fort Worth metro area was ranked the tenth most dangerous place for pedestrians in the country, according to a 2010 study conducted by the nonprofit Transportation for America. The city has made some improvements since that study, and yet pedestrian accidents remain unacceptably high.
Berenson Injury Law has focused exclusively on traffic injuries since our founding close to four decades ago. Attorney Bill Berenson is Board Certified as a personal injury lawyer by the Texas Board of Legal Specialization and has been named a "Top Personal Injury Plaintiff's Lawyer" by Fort Worth Magazine. He has also earned a lifetime membership in the Multi-Million Dollar Advocates Forum, reserved for those lawyers who have recovered seven-figure judgments for clients.
As someone who has trained for countless marathons and rides a bicycle on our streets to stay in shape, Mr. Berenson understands all too well the dangers of not being in a car or truck on the roads and is a strong advocate for pedestrians. In addition to representing injured pedestrians, he also constantly tries to improve conditions for residents who enjoy non-motorized forms of transportation.
You have a right to safely walk and run on our city’s streets and to cross the road without fear of being hit. Berenson Injury Law supports your rights and helps you recover from the driver who injured you.Texas Law on Pedestrian Right-of-Way
Under the Texas Transportation Code, motorists have the right of way except at designated crosswalks and intersections. Pedestrians are required to use a tunnel or bridge if available and may only cross in marked crosswalks when crossing between intersections.
Texas statute gives pedestrians the right of way at crosswalks on the same side of travel as the driver or when a pedestrian is close to proceeding into the driver’s lane. However, pedestrians also have a duty to not step from the curb in front of a vehicle that would be unable to safely stop.
Sidewalks are available in many residential and business districts in Dallas, Fort Worth and surrounding communities. The Texas statute prohibits pedestrians from walking on the highway in lieu of the sidewalk, but allows use of the left side of the street or shoulder facing oncoming traffic on roadways without a sidewalk. Also, pedestrians have the right of way where the street crosses a sidewalk, such as a driveway, alley or private road.
Jaywalking may affect your claim. However, even if you were not following the letter of the law, you may still have a right to recover from an otherwise careless drive.Will My Insurance Cover Me in a Pedestrian Accident?
Insurance policies typically do not exclude pedestrian accidents. The at-fault driver’s liability insurance policy covers you for your injuries, lost wages and pain and suffering. However, many drivers carry only the minimum of $10,000. If your damages exceed this amount, we stack your policies. Your personal injury protection (PIP) pays your medical bills, caregiver expenses and lost income, even if you were at fault. You may also have coverage under a medical payments policy. In the case of a hit-and-run, your uninsured/ underinsured motorist policy kicks in.Alcohol, Distraction and Speed Are Major Factors in Pedestrian Injuries
Pedestrian deaths account for 15 percent of all traffic related fatalities. 160,000 pedestrians required medical attention after being hit by a car in 2016. Vehicles killed close to 6,000 pedestrians that same year, an increase of 11 percent from the previous year. Why this alarming increase? Primary factors include alcohol, distraction and speed.
Alcohol contributed to almost half of pedestrian fatalities, including in accidents caused by intoxicated pedestrians and drunk drivers. Distraction also played a major role in pedestrian injuries, including cell phone use by both pedestrians and drivers. Excessive speed prevented drivers from stopping in time to avoid a collision and resulted in more severe injuries when collisions with pedestrians occurred.Recover from the Driver Who Struck You While You Walked, Ran or Biked
Berenson Injury Law helps pedestrians who have been injured in traffic accidents. To discuss your claim in detail, schedule an appointment with our Dallas-Fort Worth auto accident attorney at 817-885-8000. Your first consultation is free and we represent on a contingency arrangement, which means that if you do not win your case, you do not owe any money for attorney’s fees or expenses.