Pedestrian Accident Liability

At least 4,000 pedestrians are expected to be killed in accidents in 2016. Over 70,000 are expected to be injured. Texas, California, New York and Florida account for over 43 percent of those injuries and deaths. That number is frightening. Day or night, we’re all pedestrians at one time or another, and any of us can get hit by a motor vehicle whenever we’re out walking.

 
Comparative Negligence Allegations
Here at Springer & Lyle, we recognize that if you’re out walking. and you get hit by a motor vehicle, you’re completely unprotected. You’re likely to get hurt, or even killed. If the driver of the vehicle that hit you has insurance, the insurer knows that it’s going to be paying out. It’s going to try to attribute a percentage of fault for the accident to you. For example, if a jury awards you $100,000 in an accident but determines that you were 25 percent at fault, your award is reduced down to $75,000.

 
Uninsured and Underinsured Motorists Insurance
We’re all aware of the high percentage of uninsured and underinsured drivers here in Texas. What happens if you’re a pedestrian on a sidewalk and an uninsured or underinsured motorist jumps the curb and hits you? It’s highly likely that you’ll be hospitalized, and you might need two or more surgeries along with lengthy rehab for permanent disabling injuries that you suffered.

 
These are two forms of auto insurance coverage that you want to have. Fortunately, they’re offered with each other. The general rule is that if you or a member of your household who is a blood relative is hit by an uninsured, underinsured or hit-and-run motorist, you’re covered up to the extent of your policy limits, even if you’re a pedestrian or bicyclist. Under Texas law, you have these coverages automatically unless you reject them when you buy or renew your own automobile coverage.

You’re totally vulnerable when you’re a pedestrian. Be as careful when you’re a pedestrian as you are when you’re a driver. If you or a member of your family has been a victim of a pedestrian or bicycle accident, contact us right away at Springer & Lyle for a free consultation and case evaluation. We’ll tell you what the law is and how it protects people.