As cars get bigger, roads get wider, and speed limits in Texas are ignored more often, pedestrians trying to navigate this dangerous new world are put at a much higher risk of involvement in car crashes.
In 2022 alone, the Texas Department of Transportation recorded 8,098 crashes involving pedestrians and cyclists. (https://ftp.txdot.gov/pub/txdot-info/trf/crash_statistics/2022/07.pdf) 14% of all pedestrian-involved crashes resulted in an immediate fatality, and 25% of all surviving pedestrians sustained serious injuries. Not only is it risky to go green and walk these days, but it is potentially fatal. As a potential pedestrian, it is your right to know about pedestrians and risk.
Know your rights if you are involved in a crash as a Pedestrian
If you or a loved one are involved as a pedestrian in a car crash, it is your federal right to sue the car owner for any injuries caused. Of the thousands of collisions monitored and recorded by the Texas Department of Transportation, the most significant contributing factors to car accidents in recent years have been driver inattention, refusal to respect stop signs, and failure to control car speeds. In other words, it’s rare the pedestrian involved be considered at fault. Because pedestrians take on all the physical risks in these accidents, the car owner can never legally sue a pedestrian they have crashed into for damage to the vehicle. The pedestrian, however, CAN and SHOULD sue for physical damages to adequately compensate for any injuries they have received.
Roads are wider, many new developments housing anywhere from four to ten lanes, and many new, wider roads exist in city areas with pedestrian traffic. Most traffic lights operate on timer systems, and sensor-operated lights rarely adhere to pedestrian needs; lights will change depending on how many cars are at an intersection, and people go widely undetected. This can lead to shorter crossing times than past generations experienced. It inevitably means more pedestrians can miscalculate crossing times, and a messy situation is created with the aforementioned inattentive driving thrown into the mix. Pedestrians always have the right-of-way. Despite this, many individuals may fear they are in the wrong, even if a crash lands them in the hospital. This is not the case.
Cars are built larger these days, many on truck frames. This categorization of vehicles is known as the SUV or Sport Utility Vehicle. This is a misnomer, as SUVs are large, difficult to control, and have lower safety standards than smaller cars. Manufacturers will construct a car-like vehicle around a truck frame and thus only need to adhere to truck safety standards. The average SUV hood stands about 40 inches off the ground, and in recent safety tests, cars with similar hood heights are 45% more likely to cause pedestrian fatalities. (https://www.iihs.org/news/detail/vehicles-with-higher-more-vertical-front-ends-pose-greater-risk-to-pedestrians) Because there are fewer parks and public spaces for children and teenagers to congregate at, it is expected to see groups of kids in places with higher vehicle traffic, and they take on the same risks any other pedestrian does. Simply put, pedestrians and risk are high for those under 18 years old. walking in car-infested areas is dangerous for young people who may not be visible to such large cars at close range.
One-quarter of all traffic fatalities are categorized as pedestrians. This means ‘pedestrian risk’ can be categorized as putting your life on the line for something as mundane as walking to the grocery store or escorting your kids to school in the mornings. Texas roads aren’t built for people; if you’re not in a car, running errands on foot or bike is difficult at best and potentially fatal at worst. It is sad, but as the numbers stack up, it is apparent that no matter what the situation may be, the pedestrian involved in any car crash is always at a higher risk than the driver may be. The driver fears a dent or paint scratch, while pedestrians can suffer severe traumas permanent injuries, and risk losing their lives.
As a pedestrian, if you are ever involved in an accident with a car, don’t hesitate to contact us. We strive to be the top-rated pedestrian attorney team not just in Brownsville, but in Harlingen, McAllen, and nearby communities.
