Posted by: Kemmy Law Firm
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.
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.
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.
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:
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.
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.
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.
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.
Get a free consultation. We do not charge up-front fees, and you owe nothing unless you recover compensation.
When you work with us at Kemmy Law Firm, you are working with a family run firm with more than 50 years of combined experience. We are dedicated and successful trial attorneys practicing in West TX, Hobbs, NM, Midland-Odessa, and across the Permian Basin. Our team handles everything from catastrophic injury claims to complex business matters. We are here to fight for you. We dedicate our time and attention to your case and use every resource available to maximize your claim and obtain the best possible outcome.