Pedestrian Accident Attorney Dike, Texas

Car Accidents With Pedestrians in Dike, Texas

Here’s what to do, and ways to figure out fault, if you struck a pedestrian.

For how long ago did the event occur?

Striking a pedestrian while driving a car is a frightening occurrence, however not unusual. Inning accordance with stats 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 results in more serious injuries and casualties– yet a motorist can badly disable a pedestrian in a crash where the motorist is traveling only 10 miles per hour.

As a driver, it is essential to understand exactly what to do right away after a mishap with a pedestrian. By remaining calm and speaking with the right celebrations, you can minimize your liability. Chauffeurs must also learn the standard guidelines of fault, how injuries and damages will be compensated, and most significantly, how to prevent such accidents in the first place.

Exactly what to Do Right away After the Accident – Information for Dike, TX 75437

Most motorists that strike pedestrians are incredibly upset immediately after the accident. Take a deep breath and concentrate on the following:

  • Security precedes. Initially, get any injured people to a place of safety. Do not attempt to administer medical treatment beyond exactly what is needed of you in an emergency, such as CPR.
  • Get medical and legal aid. Next, call the police, treatment companies, and car insurance service providers (the driver’s and the pedestrian’s). If you are facing possible criminal charges for the mishap, such as owning under the influence, call a criminal defense attorney on your own if you can. When the police and your insurance agent get here, give truthful 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 info with them. Avoid talking extensively with the pedestrian or their friends or family members. Admitting fault, or making declarations such as “I feel so guilty,” could expose you to a personal injury suit. You should also avoid speaking straight to the pedestrian’s lawyer or auto insurance provider. It is very important to have your automobile insurance company communicate with the pedestrian’s lawyer, car insurer, or pedestrian themselves.

Who Is at Fault?

When a driver strikes a pedestrian, often the greatest concern is: Whose fault was the accident? Generally, fault is figured out by the law of negligence. A person who fails to exercise a reasonable standard of care under the circumstances may be considered “negligent.”.

However, both the motorist and the pedestrian can be irresponsible. For example, the pedestrian might be crossing the street illegally while the driver is taking a trip in excess of the published speed limitation. This scenario is treated differently in various states.

Some states, such as Maryland and Virginia, follow exactly what’s called a “pure contributing negligence” rule. This implies that if the pedestrian contributed in the tiniest bit to the mishap, then he and his auto insurer can not recuperate damages from the chauffeur and his vehicle insurer.

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

Authorities Reports and Insurance Company Findings: Procedure for Dike, Texas 75437

The authorities will take statements from the chauffeur, pedestrian, and witnesses to determine who was at fault. They may make a definitive finding on the spot or carry out a detailed examination to make the finding later.

The cops report from the accident will show which party the police officer viewed as being at fault. Auto insurer, however, may challenge this finding. Insurance companies normally send an adjuster to the scene of the mishap, or view the damage to individuals and residential or commercial property not long after the accident has actually taken place. If you think that your insurer will unjustly appoint you a higher percentage of fault, consider retaining an injury lawyer to argue that you have a lower percentage of fault.

Insurance Protection for Pedestrian Accidents

Injured pedestrians are usually covered under their health and disability insurance policies, or worker’s compensation coverage, if the mishap takes place on the job. They may also be covered under several vehicle insurance plan.
Payment Under Automobile Liability Insurance.

A hurt pedestrian can generally sue against the chauffeur’s or vehicle owner’s vehicle liability insurance plan. Almost all states need that automobile owners and drivers bring liability insurance to cover injuries to third parties and damage to third parties’ property. Healings 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 pay for the medical costs and lost wages of their own insurance policy holders, despite who is at fault. This is also called injury security (PIP).
When it concerns coverage for injuries to pedestrians in no-fault states, laws between the states vary. In some states, the chauffeur’s insurance company pays the amount of the pedestrian’s medical costs approximately the PIP limit, even if the accident 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 may be paid out of a special state-mandated fund called the Unsatisfied Claim and Judgment Fund.

Seek a Lawyer’s Advice

State laws vary extensively when it comes to car insurance schemes, and each plan has constraints and exclusions. In addition, healing may depend upon the particular insurance policies included along with judicial choices in that state.


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

Avoiding Pedestrian Accidents in Dike, Texas

The best method to avoid pedestrian accidents is to comprehend that “protective driving” means watching out for individuals who walk, use a bicycle, operate a wheelchair, rollerblade, rollerskate, ride an electrical scooter, and play in the road. Pay particular attention to kids and older grownups. These people might be less aware of chauffeurs on the road. They are more likely to stray outdoors crosswalks and not take notice of traffic signals.

It is very important to remember that individuals who are not in a motor vehicle and remain in the roadway are extremely susceptible and more likely to be seriously hurt than a driver. If you make sure to offer pedestrians discover, space, and time to move out of your course, you might be able to prevent striking a pedestrian.