Pedestrian accidents are common in Texas, New Mexico, and throughout the Permian Basin. Drivers often try to blame the person walking, but the driver was at fault in many situations. It’s essential to know your rights while walking. And if you have the misfortune of being hit by a vehicle, don’t let anyone take advantage of you.
You may be entitled to compensation as an injured pedestrian. At the Kemmy Law Firm, our team will listen to your story and help start an insurance claim for everything you deserve.
Hold the negligent driver accountable and call us today at (830) 264-6297 or use our online form for a 100% free consultation.
Your Rights if You Are Hit by a Car
If a motor vehicle hits you while you are walking near or on the road, you have rights. The primary right you should exercise is getting compensation from the at-fault party. However, it can be challenging to know who is at fault.
Who Is at Fault in a Pedestrian Accident?
In most cases, the driver of the car is at fault in pedestrian accidents. This is because the crash was likely caused by driver error. According to many studies, driver error is the primary cause of 90% of all wrecks.
Another reason drivers are usually at fault is that pedestrians typically have the right of way. In Texas, a motor vehicle must yield to a pedestrian in any marked or unmarked crosswalk. Pedestrians are permitted to walk alongside the road and even on the shoulder of the highway facing oncoming traffic, and cars must watch out for them.
In New Mexico, pedestrians also have the right of way in crosswalks and on the green light. Even when crosswalks aren’t marked at intersections, drivers must yield to them.
Compensation You May Have a Right To
You have a right to be reimbursed for all of your losses after a pedestrian accident. Neither Texas nor New Mexico has limits on how much money you can get in personal injury cases for economic losses, or actual expenses you have paid, such as:
- Past and future medical costs
- Lost wages
- Loss of earning potential
- Disability
- Disfigurement
You can also get money for non-economic damages, such as physical pain, suffering, mental anguish, and spousal relationship. New Mexico does not limit pain and suffering and these types of damages. Similarly, Texas does not have a damage cap – or limit – on non-economic damages.
Pedestrian Accidents in Texas
There are a lot of pedestrian accidents in Texas every year. In 2019, there were a total of 5,952 accidents between motor vehicles and pedestrians. That comes to more than 16 pedestrian accidents every day of the year. Of those crashes, approximately 1,572 resulted in severe injuries, and fatalities occurred in 660.
Pedestrian Accidents in New Mexico
With a lower population than Texas, New Mexico typically has fewer pedestrian accidents. In 2018, there were 625 crashes where pedestrians were involved. This number was quite a bit greater than in previous years. In 2019, there were 83 pedestrian fatalities in New Mexico. This number is similar to the 2018 statistic when 84 pedestrians died in accidents with motor vehicles.
Kemmy Law Firm Will Protect Your Rights
If you or a loved one were injured in a pedestrian accident, you need help right away. Kemmy Law Firm can stand up to the insurance companies and make sure they don’t take advantage of you.
Call us today at (830) 264-6297 or use our online form to reach out. Initial consultations are always free, and there is no cost unless you win compensation.
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