If you or a loved one has been the victim of a pedestrian accident, contact the personal injury attorneys at Branch & Dhillon, P.C.
Pedestrian accidents are often fatal. The weight, speed, and sudden impact of a car all make it difficult for a pedestrian to survive the collision. Even if the pedestrian does survive, these types of accidents usually lead to extensive and lifelong injuries.
At Branch & Dhillon, P.C., we have years of experience helping accident victims receive compensation for their pain and suffering, medical bills, loss of income, and other damages. Contact us today to schedule a free consultation.
Number of Pedestrian Accidents Each Year
Recently, laws have been enacted in order to keep pedestrians safer, such as making texting and driving illegal. Unfortunately, pedestrian fatalities have still continued to rise since the year 2007, going from 4,700 deaths to 6,000 in 2017. The Governors Highway Safety Association estimates that pedestrian fatalities represent around 16% of the total vehicle-related fatalities in the United States. This means that on average, a pedestrian is killed by a car every 1.5 hours.
Pedestrian Accident Statistics in Texas and South Carolina
The Texas Department of Motor Vehicles reports that 5,767 pedestrians in Texas were injured by cars in 2017. Of those accidents, 10% resulted in a fatality, making Texas responsible for over 10% of pedestrian fatalities in the United States every year.
South Carolina has also seen a 7.6% increase in pedestrian-car accidents since 2017. In 2018, there were a total of 330 accidents, with a majority of those resulting in a fatality.
If your loved one was killed in a pedestrian accident in Texas, South Carolina, or Virginia, the wrongful death attorneys at Branch & Dhillon will help you receive compensation for funeral costs, mental anguish, and other damages.
What Are the Top Causes of Pedestrian Accidents?
A majority of the time, negligence of the driver is the cause of a pedestrian accident. Actions of driver negligence include:
- Texting/Distracted Driving
- Not taking road conditions into account
- Driving under the influence
- Failing to use turn signals
- Failing to yield to a pedestrian
Are Drivers Always at Fault for Pedestrian Accidents?
Just as a driver needs to be aware of their actions and surroundings while on the road, a pedestrian is also responsible for their own actions. A pedestrian may be held responsible for an accident if they
- text while crossing the street;
- are under the influence of alcohol or drugs;
- illegally cross/walk along the roadway; or
- jump in front of a moving vehicle.
Contributory Negligence in Pedestrian Accident Cases
Pedestrian accidents are not always cut and dry. Sometimes, a combination of improper behavior from both the driver and the pedestrian may result in an accident. In these cases, both parties may be responsible for covering a portion of damages.
When determining fault in personal injury cases, both Texas and South Carolina follow the doctrine of modified contributory negligence. In states that adopt modified contributory negligence laws, the judge or jury must determine the percentage of fault for the accident. If the plaintiff is found to be more than 50% at fault for the accident, they cannot receive compensation for their damages.
On the other hand, if the plaintiff is found to be less than 50% at fault for the accident, they will receive damages equivalent to the amount that the other driver was at fault. For example, if the defendant is found to be 80% at fault for the accident, then the plaintiff can only recover compensation for 80% of their damages.
Does My Car Insurance Cover Pedestrian Accidents?
Most insurance companies include pedestrian accidents in their coverage plan. However, if the pedestrian’s injuries are extensive and the driver only carries the state minimum of liability coverage, then the pedestrian may refuse the settlement. If they refuse the settlement, they can then file a lawsuit against the driver for what they believe their settlement should be. In this case, a portion of the compensation for damages would be coming out of the driver’s pocket.
On the other hand, the driver can also sue the pedestrian if they believe the pedestrian caused the accident. If this is the case, the pedestrian will likely have to pay any damages out of pocket if they are found responsible.
If you or a loved one has been involved in a pedestrian accident, do not hesitate to contact our offices in Texas, South Carolina, or Virginia for a free consultation. The personal injury attorneys at Branch & Dhillon, P.C. will help you receive the compensation that you deserve to help cover the cost of damages after an accident. Contact us today to learn more about how our accident attorneys can help you win your pedestrian accident case.