Dallas Pedestrian Accident Lawyer

Pedestrian Accident Statistics

Of course, some environments are more walkable than others. However, whether in an urban, suburban, or rural environment, pedestrian accidents are deadly and quite common.

In 2019, the National Highway Traffic Safety Administration (NHTSA) reported 82,205 pedestrian-related auto accidents in the United States. Of these, 76,000 resulted in pedestrian injuries and 6,205 pedestrian deaths. This number represents 17% of the 36,096 total fatalities recorded on U.S. roadways in that same year. Expressed differently, one pedestrian died in a roadway accident every 85 minutes.

According to the NHTSA, Texas alone accounted for 649 (over 10%) of these pedestrian deaths. This number grew to 687 in 2020, a 10-year high. The Texas Department of Transportation (TxDOT) reported an even higher total of 731.

An earlier report produced by the NHTSA in 2011 regarding pedestrian fatalities revealed a number of interesting correlations:

• Pedestrian fatalities are strongly correlated with gender. Males accounted for 70% of pedestrian fatalities, while females accounted for only 30%.
• The vast majority of fatal accidents occurred in urban locations (73%) as opposed to rural locations (27%).
• Pedestrian Location. The vast majority (79%) of pedestrians killed in accidents were located outside of an intersection at the time they were struck. By contrast, 21% were located within intersections. The remaining 10% were in “other” locations.
• Weather, by contrast, did not seem to have a strong correlation. Most pedestrian fatalities (88%) occurred on “clear/cloudy” days. Another 9% occurred on rainy days, 1% on snowy days, and 1% on foggy days.
• Time of Day. Unsurprisingly, most pedestrian fatalities occur at night (70%). More specifically, 32% of fatalities occurred between 8 p.m. and 11:59 p.m. Another 29% occurred between midnight and 7:59 a.m. This is strongly reflected in the cases listed in the previous section, as most of the cases listed occurred sometime in the evening or very early in the morning.   
• Age is also strongly correlated: A full 39% of pedestrian fatalities involved people between the ages of 30 and 59. Another 20% involved those between the ages of 55 and 69.
• Alcohol Involvement. Finally, alcohol is involved in nearly half (48%) of pedestrian fatalities. Almost a third of the time (30%), only the injured pedestrian was intoxicated. By comparison, 9% of cases involved an intoxicated driver; another 8% involve scenarios where both the driver and pedestrian are intoxicated.

No matter the circumstances of your pedestrian-related accident, our Dallas pedestrian accident attorneys are ready to evaluate your case. Call Zinda Law Group for a free case evaluation today.

Read more: National Highway Traffic Safety Administration (NHTSA), State Traffic Safety Information Report; Governors Highway Safety Administration (GHSA), Pedestrian Traffic Fatalities by State (2020, Preliminary Data).

Safety Tips To Avoid Pedestrian Accidents In Dallas

It is clear by now that Texas roadways see a startingly large number of pedestrian injuries and deaths. Many if not most of them could have been avoided. “How?” you might ask.

Following these tips recommended by the Texas Department of Transportation (TxDOT) will certainly help to increase your own pedestrian safety:

What Can Pedestrians Do to Stay Safe?

• Always use sidewalks. If there is no sidewalk, walk on the left side of the road facing traffic.
• Always use crosswalks. Look left, then right, then left again before crossing.
• Yield to vehicles.
• Don’t assume traffic will stop for you.
• Make eye contact with drivers before crossing.
• Walk to the right in crosswalks to allow others to pass on your left.
• Look left and right before exiting a bus.
• Be aware that parked cars or other obstacles can block your view of oncoming traffic.
• Exit your car on the curb side of the street if possible.

What If There Is No Crosswalk?

• Check for a crosswalk further up or down the street.
• Don’t jaywalk. If you’re hit while jaywalking, the driver may not be liable, and insurance may not cover your injuries.

What Can Drivers Do to Keep Pedestrians Safe?

• Always stop for pedestrians.
• Reduce your speed when approaching crosswalks.
• Stop and yield the right of way to pedestrians when turning.
• Be careful when passing buses or stopped vehicles.
• Stay alert and put your phone away, for pedestrians may enter your path suddenly.
• Obey the speed limit and drive according to road and weather conditions.

Read more: Texas Department of Public Safety (TxDOT), Pedestrian Safety.

Texas laws governing pedestrian accidents

Notwithstanding the high number of pedestrian accidents on Texas roads, a number of laws are designed to increase safety on pedestrian walkways and to punish wrongful actors when their recklessness causes pedestrian accidents. This section explores just a few of those laws in Texas. Our Dallas pedestrian accident attorneys are ready to evaluate the full scope of the laws and regulations that may affect your case.

Lisa Torry Smith Act

On September 1, 2021, the Texas legislature passed the Lisa Torry Smith Act, named after a young mother who died in 2017 when she was struck by a vehicle as she walked her son to school. The law came about after Lisa’s family lobbied the legislature to create an avenue for criminal prosecution when law-abiding pedestrians are hit by negligent drivers.

Under the law, it is an offense to operate a vehicle within a crosswalk in a “criminally negligent” manner that “causes bodily injury” to pedestrians and cyclists. The offense is a Class A Misdemeanor unless the pedestrian suffered “serious bodily harm,” in which case the offense is raised to a felony. It is a defense for the driver if the injured pedestrian was breaking any laws governing “walking, movement, or operation in a crosswalk or roadway.”

Read more: Edwards, Chelsea. “Drivers in Texas could face fine or jail penalty for failing to stop for pedestrians.” Fox 26 Houston, 5 Sept. 2021.

Other Texas Laws

The Texas Transportation Code includes a handful of pedestrian-related laws. Some govern pedestrians, some govern drivers. Failure by pedestrians to comply with these laws will serve as a defense for drivers under the Lisa Torry Smith Act. Among the various laws are the following:

1. Pedestrian Right-Of-Way – Control Signal Present

A pedestrian facing a “Walk” signal may proceed across the road. Vehicles must stop and yield the right-of-way to the pedestrian. By contrast, a pedestrian may not cross a road in violation of a “Don’t Walk” signal or a “Wait” signal.

2. Pedestrians Right-Of-Way – Control Signal Absent

Vehicles must stop and yield to pedestrians crossing roads with no traffic control signals when the pedestrian is either (1) halfway across the road or (2) “approaching so closely . . . as to be in danger.”

3. Pedestrians Must Keep Right

Pedestrians must use the right half of crosswalks where possible.

4. Jaywalking

Pedestrians must yield to vehicles on highways when crossing a road at a place (1) other than a crosswalk or (2) where a pedestrian tunnel or overhead pedestrian crossing is present.

5. Use of Sidewalk

Pedestrians may not walk along or on a road if a sidewalk is accessibly provided.

6. Drivers Must Always Exercise Due Care

Notwithstanding other provisions, drivers must always:

• exercise “due care” to avoid colliding with pedestrians;
• give warning by sounding their horn “when necessary”; and
• exercise “proper precaution” when a child or an “obviously confused or incapacitated” person is on the road.

Statute of Limitations For Personal Injury Cases in TX

The laws described above may seem obvious. Less obvious may be the governing statute of limitations. This is a very simple and very important concept governing every personal injury case. Once an accident happens, a statute of limitations sets a deadline after which injured parties can no longer bring their case seeking compensation.

The statute of limitations in Texas sets the deadline at two years after the date of your accident. If the two years run out, you can no longer file a case. Therefore, time is of the essence!

If you were injured in a Dallas car accident as a pedestrian, do not hesitate to bring your case to a Dallas pedestrian accident lawyer as soon as possible. Our personal injury attorneys in Dallas are ready to evaluate and handle your case.

Schedule A Consultation With A Dallas Pedestrian Accident Attorney Today

Whether crossing a road or walking along a sidewalk, we are all pedestrians at some point. Unfortunately, pedestrian accidents are quite common in the United States.

When they happen, the consequences can be devastating. Because pedestrians are more vulnerable to impact than drivers and passengers in vehicles, they are much more likely to be injured or killed.

At , we are firmly committed to ensuring that every personal injury victim has access to the excellent legal representation they deserve. Our Dallas personal injury lawyers are ready to fight for you.

If you or a loved one were injured in a pedestrian accident in Dallas, call Zinda Law Group at (800) 863-5312 for a 100% free case evaluation with one of our Dallas pedestrian accident attorneys today. Our clients pay nothing unless we win their case. That is our No Win, No Fee Guarantee.

Meetings with attorneys are available by appointment only.