Pedestrian Struck and Killed on I-35 Was “Crossing The Street”
Austin police have recently released more information on a July 14 crash that killed a pedestrian on I-35, in the 300 block of the interstate. A 43-year old man was crossing the street when he was struck by an SUV. He was pronounced dead at the scene, though the driver of the SUV did stop to render aid. If you are unfortunate enough to be struck by a vehicle while crossing a street, be aware that you may be able to seek compensation for your medical bills and for lost wages.
Texas Metro Areas Are Hazardous To Pedestrians
Statistics show that metropolitan areas are disproportionately hazardous to pedestrians, especially those over the age of 65 – the Centers for Disease Control estimate that 15 percent of all pedestrians injured in 2015 were elderly, as were approximately 20 percent of 2016’s pedestrian fatalities. The think tank Smart Growth America ranks metropolitan areas, giving each a Pedestrian Danger Index (PDI), and San Antonio-New Braunfels ranks at #21 on the list (second in Texas; the first was McAllen-Edinburg-Mission).
The PDI of a metropolitan area in the Smart Growth study is calculated by using numerous factors, including injury and fatality rates per year, as well as the number of vehicles on the roads on average, to estimate just how hazardous it can be for a pedestrian to walk or cycle in the area. External factors are also noted – for example, poorly designed streets, missing or broken infrastructure like streetlamps and crosswalks, and crime rates. Several Texas cities, San Antonio included, are not safe for pedestrians.
If You Are Hurt
If you are involved in a car accident as a pedestrian, it is important to understand that you have options. Texas negligence law holds that you must establish four separate things in order to hold someone liable for your injuries. You must show that they owed a duty to exercise reasonable care toward others on the road and that they did not uphold that duty. You must also be able to show that you did suffer significant injuries and that they were caused directly by the defendant’s conduct, with no other superseding cause.
Be advised that even if you are found to have been partially liable for your own injuries, you should still be able to recover. Texas has a concept called comparative negligence, which states that if your own percentage of fault is greater than 50 percent, you may not recover – but this means that if your percentage is less, you can still recover for your injuries; it will simply be reduced by your percentage of fault. So, for example, if you are ruled 20 percent at fault for your own harms, you would then potentially be able to recover 80 percent of the amount you sought.
Call a New Braunfels Pedestrian Accident Attorney
While unfortunately, nothing can be done to save the pedestrian on I-35, it is a good idea for you to know your options if you are struck in a similar crash. Calling a skilled New Braunfels pedestrian accident lawyer at the Bettersworth Law Firm is a good place to start exploring your options in getting reimbursed for all your medical bills. Our attorneys are happy to try and help you with your case. Call us today at 888-392-0039 for a free consultation.
Sources:
https://www.cdc.gov/motorvehiclesafety/pedestrian_safety/index.html
https://statutes.capitol.texas.gov/Docs/CP/htm/CP.33.htm
https://smartgrowthamerica.org/dangerous-by-design/
