Pedestrian Accident Attorney Dickens, Texas

Car Accidents With Pedestrians in Dickens, Texas

Here’s what to do, and how to determine fault, if you struck a pedestrian.

How long ago did the occurrence occur?

Striking a pedestrian while owning a car is a scary event, however not uncommon. According to statistics collected by the National Highway Traffic Security Administration, over 60,000 pedestrians were injured in traffic mishaps in 2006. Striking a pedestrian at a speed of over 30 miles per hour leads to more serious injuries and casualties– yet a motorist can badly disable a pedestrian in a crash where the motorist is traveling just 10 miles per hour.

As a driver, it is essential to know what to do right away after a mishap with a pedestrian. By staying calm and speaking with the best parties, you can lessen your liability. Drivers need to likewise find out the fundamental rules of fault, how injuries and damages will be compensated, and most significantly, how to avoid such mishaps in the first place.

Exactly what to Do Immediately After the Mishap – Information for Dickens, TX 79229

A lot of chauffeurs that strike pedestrians are exceptionally upset right away after the accident. Take a deep breath and focus on the following:

  • Safety precedes. First, get any injured individuals to a location of safety. Do not try to administer medical treatment beyond what is required of you in an emergency situation, such as CPR.
  • Get medical and legal aid. Next, call the police, treatment providers, and auto insurance coverage service providers (the driver’s and the pedestrian’s). If you are dealing with possible criminal charges for the accident, such as owning under the influence, contact a criminal defense lawyer on your own if you can. When the cops and your insurance coverage agent show up, provide honest statements to them about how the accident occurred.
  • Exchange contact information, however not much more. If the pedestrian is not paralyzed, exchange your name, phone number, and insurance coverage information with them. Prevent talking extensively with the pedestrian or their good friends or member of the family. Confessing fault, or making statements such as “I feel so guilty,” might expose you to an injury lawsuit. You need to likewise prevent speaking directly to the pedestrian’s attorney or automobile insurer. It is very important to have your car insurer communicate with the pedestrian’s attorney, car insurer, or pedestrian themselves.

Who Is at Fault?

When a chauffeur strikes a pedestrian, frequently the most significant concern is: Whose fault was the accident? Generally, fault is determined by the law of negligence. An individual who cannot exercise a reasonable standard of care under the scenarios might be thought about “negligent.”.

However, both the driver and the pedestrian can be negligent. For example, the pedestrian may be crossing the street illegally while the chauffeur is taking a trip in excess of the posted speed limit. This circumstance is treated differently in various states.

Some states, such as Maryland and Virginia, follow what’s called a “pure contributing negligence” guideline. This implies that if the pedestrian contributed in the tiniest bit to the mishap, then he and his vehicle insurance company can not recover damages from the motorist and his car insurer.

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

Cops Reports and Insurance Company Findings: Procedure for Dickens, Texas 79229

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

The police report from the mishap will indicate which party the law enforcement officer viewed as being at fault. Automobile insurance provider, however, may dispute this finding. Insurance companies usually send 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 happened. If you think that your insurance company will unjustly assign you a higher percentage of fault, think about maintaining an accident lawyer to argue that you have a lower percentage of fault.

Insurance Protection for Pedestrian Accidents

Hurt pedestrians are normally covered under their health and disability insurance policies, or employee’s payment protection, if the accident takes place on the job. They might likewise be covered under several automobile insurance coverage.
Payment Under Auto Liability Insurance.

A hurt pedestrian can generally sue against the driver’s or lorry owner’s vehicle liability insurance plan. Almost all states need that lorry owners and drivers carry liability insurance to cover injuries to third parties and damage to third parties’ home. Recoveries depend on whose fault the mishap was and different state statutes.

Payment Under No-Fault Coverage

Some states, called “no-fault” states, need insurance provider to spend for the medical costs and lost wages of their own insurance policy holders, regardless of who is at fault. This is likewise called injury security (PIP).
When it concerns protection for injuries to pedestrians in no-fault states, laws between the states vary. In some states, the chauffeur’s insurance provider pays the quantity of the pedestrian’s medical expenses as much as the PIP limitation, even if the mishap is the pedestrian’s fault. There are exceptions to this payment plan. For example, in New Jersey, if a pedestrian is not insured, she or he might be paid out of a special state-mandated fund called the Unsatisfied Claim and Judgment Fund.

Seek an Attorney’s Recommendations

State laws vary widely when it pertains to vehicle insurance schemes, and each scheme has restrictions and exclusions. In addition, recovery might depend on the insurance policies involved as well as judicial choices in that state.


In order to sort this all out, hurt pedestrians might wish to seek advice from a professional, such as the pedestrian’s own insurance company or an injury lawyer. Pedestrians should ask a lawyer which auto insurance company they need to approach initially, and from which insurance provider they might be able to get additional protection.

Preventing Pedestrian Accidents in Dickens, Texas

The best way to avoid pedestrian mishaps is to understand that “defensive driving” implies watching out for people who stroll, use a bicycle, operate a wheelchair, rollerblade, rollerskate, ride an electric scooter, and play in the roadway. Pay specific attention to children and older grownups. These individuals might be less knowledgeable about chauffeurs on the road. They are more likely to stray outside crosswalks and not focus on traffic signals.

It is essential to remember that people who are not in a motor vehicle and are in the roadway are incredibly susceptible and most likely to be seriously injured than a motorist. If you take care to give pedestrians see, room, and time to move out of your path, you might be able to avoid hitting a pedestrian.