Jogging and Running Accidents
Pedestrian accidents and pedestrian wrongful deaths are more common than most people are aware. Many men and women spend time jogging and running outside in the morning and evenings. In the state of Texas, accidents involving pedestrians, including those jogging and running are actually on the rise, probably due to the rising populations of Texas’s major cities like Dallas and Houston. According to the Texas Department of Transportation, 678 pedestrian accident deaths occurred in 2016, which was a 21% increase from the previous year.
How Pedestrian Accidents Occur
Pedestrians can encounter many hazards while either walking or jogging, some of which can result in legal liability. The majority of pedestrian accident lawsuits filed involve motor vehicle crashes. Most of these pedestrian deaths tend to occur at night or in the early morning while the victim was walking or jogging without wearing any reflective gear.
Cars are obvious dangers, but motorcycles and city buses also pose great dangers on the roadway. Additionally, sidewalk hazards such as cyclists, skaters, and even other pedestrians can cause falls resulting in injuries.
Types of Injuries Associated with Pedestrian Accidents
The human body is not designed to withstand the impact of an oncoming car, which means that pedestrian accidents are often fatal. Survivors tend walk away with broken bones, concussions, large cuts and gashes, and road rash. Long-term or permanent disabilities such as a loss of limb are also common. Treating these injuries will also normally result in expensive medical bills.
Available Legal Recovery After a Pedestrian Accident
Texas law allows pedestrians to seek legal compensation for injuries sustained in pedestrian accidents. Among the types of damages that you, as an accident victim, may be entitled to include compensation for medical bills, lost income and earning capacity, and pain and suffering. If a death occurred, the surviving family members may be entitled to additional recovery based on the extent of their loss.
Texas Comparative Fault Laws
What happens if the pedestrian victim was partially responsible for the accident? What if the pedestrian was outside of the crosswalk? What if it was dark and the victim was not wearing reflectors? In both of these cases, recovery of damages is still possible because of Texas’s comparative fault law. Under that law, if an accident victim was 51% at fault for causing the accident, then that victim cannot bring a lawsuit. Any other lower level of fault is fair game, however. In other words, if the accident was, for example, 30% the pedestrian’s fault, then the pedestrian can still recover damages in court. Due to the nature of pedestrian accidents and because Texas law grants right of way to pedestrians over vehicles, it is rare for a pedestrian to be ruled as mostly at fault for an accident.
Should I Hire a Lawyer?
If you have been injured in a pedestrian accident, you should contact a personal injury attorney in Texas as soon as possible. You are likely dealing with a serious bodily injury and are stressed with juggling physical therapy, taking time off work, and covering your bills. This is where a lawyer can be a huge help. They can take the load off your shoulders by filing a claim against the negligent motorist and negotiating on your behalf with the insurance company.
Contact a Pedestrian Accident Injury Lawyer
If you or a loved one was seriously injured while jogging or running, do not delay in taking legal action. Contact the experienced and skilled attorneys with Michael P. Fleming and Associates today 713-221-6800. Keep in mind that the statute of limitations in Texas for filing personal injury lawsuits is only two years. This means taking action sooner rather than later is strongly recommended.