Pedestrian Accident Attorneys Dallas

Texas s a “comparative negligence” state, which simply means the conduct of each party to an accident must be looked at to determine if they contributed to the accident. This means deciding who was “at fault” is often not simply an “either/or” proposition. It is possible a driver may be found at fault, a pedestrian could be at fault, or both the pedestrian and the driver acted in such a way they contributed to the cause of the accident. No one should assume a case may not be brought on behalf of the pedestrian, even if they were found to be “at fault” by those investigating the accident. Nor should it be assumed no case may be brought if law enforcement decided not to file charges against the driver involved in a pedestrian accident. These cases should be examined by a knowledgeable, experienced pedestrian injury lawyer.

The majority of pedestrian deaths occur in urban areas and involve pedestrians crossing outside of crosswalks away from intersections. A study showed that many of these accidents were affected by alcohol used by the driver or the pedestrian or sometimes both.

Most intersections have unmarked crosswalks. They exist when two intersecting roads having sidewalks or a walking path intersect. The unmarked crosswalk would be the extension of the sidewalk or walking path if extended across the adjacent road.

Drivers are required to stop for a pedestrian who is in a crosswalk marked with signals or signage.

Drivers must yield to a pedestrian in a marked crosswalk that has no signs or signals or in an unmarked crosswalk.

Where traffic signals are present, pedestrians should not cross the road at any place other than a crosswalk.

Drivers cannot pass or go around a vehicle stopped at a marked or unmarked crosswalk. A driver making a right turn on red must yield to pedestrians crossing the intersecting road or proceeding as directed by a traffic device.

If a pedestrian is walking along a road where sidewalks are provided, they should not, under normal circumstances, walk on the paved part of the road designed for vehicle traffic. If the pedestrian finds themselves on a road where a sidewalk is not provided, he or she should walk facing oncoming traffic using the shoulder to the left of that traffic. (Note: bicyclists are required to travel on the right in the direction of the traffic). No one on roller skates or riding on any other device, such as a scooter or toy vehicle, should go on the paved part of the road except while crossing the street in a crosswalk. In doing so, they are subject to the same rights as a pedestrian, but also with the same responsibilities.

Clearly, a pedestrian includes anyone who is walking. But the definition also includes someone who may be in a wheelchair, on skates, or even on a skateboard. When a bicycle rider is on a sidewalk or within a crosswalk, they are also considered a pedestrian.