Texas Accident Attorney

Accident Attorney

Think failure to yield for pedestrians in Texas automatically attaches liability to the guilty party?

Think again.

Weren’t we taught, as young operators of motor vehicles, to always yield for pedestrians? That while maneuvering a 4,000-pound contraption in traffic we somehow came in contact with human flesh and bone, it was our responsibility to bear? Welcome to the wonderful world of pedestrian culpability.

It’s interesting that Texas State law recognizes both marked and unmarked crosswalks at controlled intersections (IE; those with stop signs or traffic signals) but makes no definitive legal distinction between the two when assigning pedestrian right-of-way. Theoretically, pedestrians have the “default” right-of-way, however, should an accident occur at an unmarked intersection, historically the burden has been placed on the pedestrian to prove that he/she was exceptionally cautious prior to crossing the street.

Often when a serious injury occurs, the driver distorts the facts by telling the investigating officer that the pedestrian suddenly “ran” in front of the car, or walked against the traffic signal. This conversation usually takes place while the injured party is being transported to the nearest medical facility for immediate treatment. In the absence of a thorough investigation, liability may be erroneously assigned to the victim instead of the blameworthy party behind the wheel.

If you are injured while on foot, it’s important to accumulate the following info:

  • · To the extent you are able, exchange info with the driver/operator who hit you. Notice if the driver/operator seems impaired. If the vehicle left the scene, get the license plate number, and be able to describe the vehicle.

  • · Scan the vicinity for witnesses. Obtain their contact information and, if possible, ask that they remain on the scene to provide a witness statement to the investigating law enforcement officer.

  • · Call local police to document your account of the incident.

  • · Take pictures of the location, including all stationary signs and electronic signals. Notice if there are large business buildings in the vicinity that may have security videos.

  • · Get medical attention immediately, regardless of the severity of your injuries.

  • · Do not disclose any additional information to the driver or other individuals.

Survive a pedestrian accident and unsure how to proceed? Contact us for guidance.

Setterberg Law Office