Both motorists and pedestrians have a responsibility to ensure safety when sharing the road. To help reduce the risks of causing a car accident with pedestrian injuries, it is important to practice safe driving habits at all times. If you do hit a pedestrian, not only could you be at fault for the accident but also face a personal injury civil lawsuit.
Nine tips you should follow when driving in areas with pedestrian traffic include:
- Slow Down: Reducing your speed will make it easier to react if a pedestrian steps in front of your car and help you stop before hitting them. Driving at slower speeds also makes it easier to watch pedestrians, as when you are driving through a parking lot.
- Look Around Before Leaving a Parking Spot: If you are parked and getting ready to back up or pull out of a parking spot, check all around your vehicle. Check blind spots and your backup camera to make sure there is no one around your car.
- Yield the Right of Way: At crosswalks, pedestrians have the right of way. This means you must yield and allow them to cross the road before you turn left or right. If you are continuing straight, make sure pedestrians have cleared the road and are not in your way.
- Be Patient: Sometimes it will take pedestrians a little longer to cross the street—for example, a parent with children or an elderly person using a walker. Give them the added time they need.
- Make Eye Contact: If possible, make eye contact with pedestrians, as this lets them know you see them and they see you.
- Give Pedestrians Room: If you are driving on a road without sidewalks or a narrow shoulder, slow down or stop if needed before safely passing them on the left with plenty of room so you are not too close.
- Expect the Unexpected: If you notice a parent with children, slow down. Kids can be very unpredictable. They could take off and run into the street without notice.
- Never Pass School Buses: When a school bus stops to let children off, never pass it. Some kids will need to cross the street.
- Keep Your Eyes on the Road: With infotainment systems, GPS navigation, eating, drinking, and other distractions, all it takes is a few seconds of looking away to cause an accident involving a pedestrian.
What to Do if You Are Involved in a Pedestrian Accident
Call 911 for police and medical help. If you are not injured, check on anyone who is and the extent of their injuries. DO NOT attempt to move someone who cannot move on their own. They could have serious and life-threatening internal injuries. Moving them could make these worse.
When the police arrive, provide your contact details and insurance information. Do not admit fault. It is understandable you will be upset, so it is better to remain silent than admit you were at fault.
As soon as possible, call a car accident lawyer to find out your legal rights. Your lawyer can also advise you on what to tell the police for your statement. After speaking to your lawyer, contact your insurance company and inform them of the accident.
In Texas, fault is determined by modified comparative negligence. This means both the driver and pedestrian can be assigned a percentage of fault. As long as you were 49% or less at fault, you can still recover a modified amount of damages.
To find out more about your legal rights and whether you have sufficient grounds for filing a pedestrian injuries claim against the other party, contact Schechter, McElwee, Shaffer & Harris, L.L.P. at 713-574-5089 now. We offer a FREE consultation to speak with one of our car accident injury attorneys.
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