Pedestrian Accident Attorney Abilene, Texas

Car Accidents With Pedestrians in Abilene, Texas

Here’s exactly what to do, and how to identify fault, if you hit a pedestrian.

The length of time back did the occurrence happen?

Hitting a pedestrian while driving an automobile is a scary incident, but not uncommon. Inning accordance with data gathered by the National Highway Traffic Security Administration, over 60,000 pedestrians were hurt in traffic accidents in 2006. Hitting a pedestrian at a speed of over 30 miles per hour leads to more serious injuries and deaths– yet a motorist can severely disable a pedestrian in a crash where the driver is traveling only 10 miles per hour.

As a chauffeur, it is very important to understand what to do instantly after an accident with a pedestrian. By staying calm and speaking with the right celebrations, you can lessen your liability. Chauffeurs must also discover the standard guidelines of fault, how injuries and damages will be compensated, and most significantly, how to avoid such mishaps in the first place.

What to Do Right away After the Mishap – Information for Abilene, TX 79601

The majority of motorists that hit pedestrians are extremely upset right away after the accident. Take a deep breath and focus on the following:

  • Safety comes first. First, get any injured people to a place of security. Do not attempt to administer medical treatment beyond what is required of you in an emergency situation, such as CPR.
  • Get medical and legal help. Next, call the authorities, medical care service providers, and vehicle insurance coverage companies (the driver’s and the pedestrian’s). If you are dealing with possible criminal charges for the accident, such as driving under the influence, call a criminal defense attorney for yourself if you can. When the cops and your insurance representative show up, offer sincere statements to them about how the accident happened.
  • Exchange contact details, however not much more. If the pedestrian is not incapacitated, exchange your name, telephone number, and insurance coverage details with them. Avoid talking thoroughly with the pedestrian or their friends or member of the family. Admitting fault, or making declarations such as “I feel so guilty,” might expose you to a personal injury lawsuit. You must also prevent speaking directly to the pedestrian’s lawyer or auto insurer. It is essential to have your car insurer interact with the pedestrian’s attorney, automobile insurance company, or pedestrian themselves.

Who Is at Fault?

When a driver hits a pedestrian, frequently the biggest question is: Whose fault was the accident? Generally, fault is figured out by the law of negligence. An individual who fails to exercise a reasonable requirement of care under the situations might be considered “irresponsible.”.

However, both the chauffeur and the pedestrian can be irresponsible. For instance, the pedestrian might be crossing the street unlawfully while the chauffeur is taking a trip in excess of the published speed limitation. This circumstance is treated differently in different states.

Some states, such as Maryland and Virginia, follow what’s called a “pure contributory negligence” guideline. This suggests that if the pedestrian contributed in the tiniest bit to the accident, then he and his auto insurance company can not recover damages from the motorist and his automobile insurance company.

Other states follow a “comparative fault” rule. This suggests that a pedestrian can recuperate some damages even if he was partly at fault.

Police Reports and Insurer Findings: Procedure for Abilene, Texas 79601

The cops will take declarations from the driver, pedestrian, and witnesses to determine who was at fault. They might make a definitive finding on the spot or carry out a detailed investigation to make the finding later.

The authorities report from the accident will show which celebration the police officer saw as being at fault. Automobile insurance provider, nevertheless, might contest this finding. Insurance companies typically send out an adjuster to the scene of the mishap, or view the damage to individuals and residential or commercial property not long after the mishap has taken place. If you think that your insurance company will unfairly assign you a higher portion of fault, think about retaining an accident lawyer to argue that you have a lower portion of fault.

Insurance Protection for Pedestrian Accidents

Hurt pedestrians are usually covered under their health and disability insurance policies, or employee’s settlement coverage, if the accident happens on the job. They may likewise be covered under one or more vehicle insurance plan.
Payment Under Auto Liability Insurance.

A hurt pedestrian can normally sue versus the motorist’s or vehicle owner’s auto liability insurance coverage. Almost all states need that lorry owners and chauffeurs bring liability insurance to cover accidents to third parties and damage to 3rd parties’ property. Recoveries are dependent on whose fault the accident was and various state statutes.

Payment Under No-Fault Coverage

Some states, called “no-fault” states, require insurer to pay for the medical expenses and lost incomes of their own policyholders, regardless of who is at fault. This is also known as personal injury security (PIP).
When it pertains to protection for injuries to pedestrians in no-fault states, laws in between the states differ. In some states, the chauffeur’s insurer pays the amount of the pedestrian’s medical expenditures approximately the PIP limitation, even if the accident is the pedestrian’s fault. There are exceptions to this payment scheme. For instance, in New Jersey, if a pedestrian is not insured, she or he may be paid out of a special state-mandated fund called the Unsatisfied Claim and Judgment Fund.

Look for an Attorney’s Recommendations

State laws differ commonly when it concerns cars and truck insurance schemes, and each scheme has restrictions and exemptions. In addition, recovery might depend on the insurance coverage involved in addition to judicial decisions in that state.


In order to arrange this out, injured pedestrians may want to seek advice from an expert, such as the pedestrian’s own insurance provider or a personal injury lawyer. Pedestrians should ask an attorney which auto insurer they should approach first, and from which insurance company they might be able to get extra protection.

Preventing Pedestrian Mishaps in Abilene, Texas

The best way to prevent pedestrian accidents is to comprehend that “protective driving” indicates watching out for people who stroll, use a bicycle, run a wheelchair, rollerblade, rollerskate, ride an electric scooter, and play in the roadway. Pay specific attention to young kids and older grownups. These people may be less familiar with drivers on the road. They are most likely to wander off outdoors crosswalks and not focus on traffic signals.

It is necessary to bear in mind that individuals who are not in an automobile and remain in the road are incredibly vulnerable and more likely to be seriously hurt than a driver. If you take care to offer pedestrians observe, room, and time to move out of your course, you may have the ability to prevent striking a pedestrian.