Fresno Pedestrian Accident Lawyer
Protecting Your Right to Fair Compensation
Pedestrian accidents are a devastating reality on our streets, with the potential to cause severe injuries or even death. That's where the dedicated team at Goldenzweig Law Group, PLLC can step in.
Our team has a reputation for excellence, built on years of experience and an unwavering dedication to our clients. Should you or a loved one suffer injuries in a pedestrian accident, we can help you understand your legal rights and options and pursue legal compensation. We are here to help pedestrian accident victims recover the compensation they deserve for their economic and noneconomic damages.
At Goldenzweig Law Group, PLLC, our approach is defined by compassion. We understand the physical, mental, and emotional toll these accidents can take. Our role is to shoulder the legal burdens so that you can focus on healing.
Call (713) 609-1930 to discuss your case with our team.
How Many Pedestrians Get Hit by Cars Each Year?
The National Highway Traffic Safety Administration (NHTSA) reported that, in 2021, 7,388 pedestrians were killed in accidents, and Texas had the 10th highest number of pedestrian deaths. Specifically, 817 Texan pedestrians died in accidents that year.
According to their data, in 2021, 60,577 pedestrians were injured in accidents. Thus, according to this data, reportedly, nearly 68,000 people were hit by cars in 2021.
It is important to note that this number reflects only a year of data, and the number of those injured and killed in such accidents increased significantly from the previous year. From 2020 to 2021, the number of pedestrians injured from collisions increased by 11%. Thus, the number of pedestrians hit each year fluctuates and, unfortunately, is seemingly increasing as time passes.
Comparative Negligence in Pedestrian Accidents
In a nutshell, comparative negligence refers to the apportioning of blame in an accident based on the parties' respective contributions to the incident. Suppose, for instance, a court determines that a driver was 80% at fault for an accident and the pedestrian was 20% at fault. In this case, the pedestrian's potential compensation would be reduced by 20% to reflect their part in causing the accident.
Texas law approaches comparative negligence slightly differently than other states. Known as the 51% Bar Rule, Texas' law stipulates that a plaintiff cannot recover damages if they are 51% or more at fault for the accident. If a pedestrian is found to be more than half responsible for the accident, they may not receive any compensation.
Both drivers and pedestrians have a duty of care to avoid accidents. Drivers are expected to observe traffic laws, remain vigilant, and exercise caution to avoid hitting pedestrians. On the other hand, pedestrians are also expected to use crosswalks, obey traffic signals, and refrain from suddenly stepping into traffic.
Determining fault in pedestrian accidents involves examining whether these duties of care were upheld. If a driver was speeding or a pedestrian jaywalked, their actions could constitute negligence and contribute to the accident.
The main causes of pedestrian incidents include:
- Distracted driving. One of the primary causes of pedestrian accidents is distracted driving. This includes any activity that diverts the driver’s attention from the road, such as texting, eating, or adjusting the radio.
- Poor visibility. Poor visibility, especially during dark conditions, significantly increases the risk of pedestrian accidents. According to the NHTSA’s 2021 data, 74% of pedestrian accidents occurred during dark conditions or when artificial lighting was not present.
- Speeding. Speeding is another major factor contributing to pedestrian accidents. When drivers exceed the speed limit, they have less time to react to unexpected situations, such as a pedestrian crossing the road.
- Impairment. Alcohol or drug-related impairment, whether on the part of the driver or the pedestrian, can significantly increase the risk of an accident. Alcohol and drugs can drastically affect an individual's ability to drive or even walk safely. They impair cognitive functions, such as attention, perception, and coordination, essential for safe driving. Alcohol consumption can lead to blurred vision and drowsiness, while drug use can cause hallucinations, aggression, and panic attacks, all of which can result in dangerous driving (or walking) behaviors.
- Recklessness of pedestrians. While drivers bear a significant responsibility for pedestrian safety, pedestrians themselves can also contribute to accidents through careless behavior. This includes jaywalking, not using crosswalks, and walking along highways or other restricted areas.
According to the National Highway Traffic Safety Administration's 2021 data, the majority of pedestrian traffic fatalities happened in urban settings (84%) and on open roads (77%) compared to intersections (23%). Most of these deaths occurred on Fridays (1,248), closely followed by Saturdays (1,220), and predominantly under dark conditions.
While the number of pedestrian fatalities during daylight hours remained relatively steady throughout the week, with a slight dip on Sundays, there was a significant fluctuation during nighttime hours. Pedestrian deaths at night were lowest on Tuesdays and progressively increased throughout the week, reaching their peak on Saturdays. These statistics underline the heightened risk for pedestrians in poorly lit areas or during nighttime.
Navigating the aftermath of a pedestrian accident can be overwhelming, but you don't have to face it alone. Goldenzweig Law Group, PLLC is here to guide you through each step of the legal process, providing the support and representation you need during this challenging time.
Call (713) 609-1930 or contact us online to get started on your case today.
Services Offered in English and Spanish
Personal Approach and Strategy for Every Case
Direct Communication with Your Attorney
We Answer Calls Day or Night, 365 Days a Year
Client Satisfaction Is of Utmost Importance
Nearly 4 Decades of Combined Experience
What is negligence?
“Negligence” refers to careless, reckless, or wrongful (including unlawful) behavior. Often, this type of behavior leads to serious accidents, injuries, and even deaths. Some examples of negligence include someone who runs a red light because they were texting while driving, a shop owner who fails to put out a “wet floor” sign after an employee mops up a spill, or a dog owner who allows their dangerous dog to roam free and unleashed in a public park.
How do I know if I have a case?
You likely have a personal injury case if you were injured and suffered measurable damages—such as medical bills or pain and suffering—due to the careless, reckless, negligent, or wrongful conduct of another person or party. In other words, if someone else is to blame for your injuries, you could have grounds for a personal injury claim. The best way to know whether you have a case is to contact an attorney at our firm for a free consultation. During this initial meeting, we can go over the details of your situation and provide personalized counsel tailored to your circumstances.
How much is my personal injury case worth?
The exact value of your personal injury case depends on a variety of factors. Some of these factors include the severity of your injuries, the extent of your damages, whether you had to take time off work to recover, how much time you had to take off work, whether your injuries resulted in a disability, and your degree of fault (if any) in causing the event that led to your injuries. It is not possible for any attorney to estimate the value of your claim without first reviewing the specific details involved. We encourage you to reach out to our Houston personal injury attorneys at Goldenzweig Law Group to request a complimentary case review.
Will I have to go to court?
Not all personal injury cases go to court. In fact, many settle in pre-trial litigation or as a result of your attorney’s negotiations with the insurance company. However, if the liable party refuses to play fair, you want an attorney who is not only willing but also has the experience needed to aggressively represent you at trial. At Goldenzweig Law Group, PLLC, we will prepare you for what to expect with your case, including whether or not you may need to go to court.
How long do I have to file a lawsuit?
In most cases, there is a two-year statute of limitations on personal injury lawsuits in Texas (surrounding states may have different laws). This means that you typically have just two years from the date of injury to bring your claim in court. Sometimes, when an injury is not discovered right away, the statute of limitations will be deferred to two years from the date on which the injury was discovered or reasonably could have been discovered.
There are some exceptions to this two-year deadline, but they are rare. We encourage you to act quickly after an accident or injury to avoid losing your right to seek compensation for your damages. If the statute of limitations expires, the court will almost certainly dismiss your case. Even if you think it might be too late, reach out to Goldenzweig Law Group, PLLC to discuss your legal options.