Legal Rights of Pedestrians Hit by Cars in Downtown Austin

Pedestrian-vehicle collisions are some of the worst types of accidents in Austin, with a high potential for serious and fatal injuries. These accidents are almost always preventable, and are often caused by careless and reckless motor vehicle drivers. 

Whether you were walking to shop on South Congress or jogging near the Barton Creek Greenbelt, learn your legal rights after getting hit by a car in downtown Austin by speaking with an Austin pedestrian accident attorney.

Recovering from a pedestrian collision can be physically, emotionally and financially taxing – but help is available in protecting your rights. An experienced Austin personal injury lawyer can also help you pursue compensation for medical bills, lost wages, and other damages tied to your recovery.

Who Has the Right-of-Way in Downtown Austin?

Texas Transportation Code Chapter 552 clearly lays out the state’s right-of-way laws, which explain when pedestrians have the right to cross the road. In downtown Austin, drivers are legally required to yield to pedestrians who are in marked or unmarked crosswalks when the pedestrians are on the same half of the roadway as the vehicle or approaching closely enough to be in danger.

At a signal-controlled intersection, pedestrians may only cross the road when given the Walk signal or a green light. Otherwise, drivers have the right-of-way. Even if a pedestrian has the right-of-way, however, he or she may not leave a curb or place of safety and step into traffic when a vehicle is approaching so close that the driver cannot reasonably stop.

It is dangerous to attempt to cross the road in Austin at a place in between two intersections that is not a crosswalk (jaywalking). While this isn’t against the law in Austin, drivers may fail to notice or see pedestrians crossing the road at places other than intersections and crosswalks. Jaywalking pedestrians must yield to motor vehicles. 

Whose Insurance Pays for a Pedestrian Accident in Austin?

Texas uses a fault-based law to determine liability (financial responsibility) for automobile accidents. Under this rule, the driver or party responsible for causing an accident must pay for victims’ bills and losses. 

All drivers in Texas must carry proof of financial responsibility, typically in the form of automobile insurance. The car insurance provider of the at-fault party will have to pay for its policyholder’s mistakes.

When a driver hits a pedestrian in Austin, his or her automobile insurance policy can be used to pay for the pedestrian’s injuries, medical costs, lost wages, damaged personal property and other losses. However, the pedestrian (or his or her personal injury attorney) will have to prove fault to qualify for financial damages.

What Is the Burden of Proof to Win a Pedestrian Accident Claim?

Collecting financial compensation for a pedestrian accident in Austin requires evidence of the driver’s fault or wrongdoing. Most of these cases rely on the legal doctrine of negligence. In personal injury law, negligence is the misconduct or carelessness of another person; it can refer to any act or omission that a reasonably prudent person would not have committed in the same or similar circumstances.

Proving negligence requires evidence that the motor vehicle driver:

• Owed the pedestrian a duty of care, or a responsibility to act safely and responsibly.
• Breached the duty of care, such as by violating a traffic law, speeding or driving while distracted.
• Struck the pedestrian or caused the accident because of the negligent act.
• Caused the victim to suffer real, compensable damages.

The driver’s car insurance provider will request evidence to support the pedestrian’s negligence claim. Common evidence includes a police report, witness statements, photographs of the crash scene, video footage of the collision and medical records proving injuries. In complex cases, testimony from crash experts and medical experts may also be necessary to prove that the driver is at fault.

Comparative Negligence in Texas

Many pedestrian accident cases in Texas involve shared liability and the comparative negligence law. This law allows injured accident victims to collect compensation even if they are partially at fault; however, the victim’s degree of fault must be less than the defendant’s.

If a pedestrian is assigned part of the blame, his or her financial recovery will be diminished by an equivalent percentage. A $100,000 settlement would be reduced to $90,000, for example, if the pedestrian is assigned 10 percent of fault.

What Compensation Can You Recover?

Getting hit by a car in Austin can inflict severe injuries that cost the victim thousands of dollars in medical care and lost wages. Recovering from one of these accidents can be easier with the financial compensation the victim needs to pay for various losses. Injured pedestrians in Texas have the right to seek compensation for both economic and non-economic damages.

Common damages include:

• Past and future medical expenses
• Lost wages, income and earnings
• Lost capacity to earn in the future due to a disability
• Personal property damage
• Pain, suffering and emotional trauma
• Wrongful death damages (for surviving family members after a fatal accident) 

The amount that you can potentially recover for a driver hitting you in Austin depends on your case. Factors that affect settlement value include injury severity, medical costs and the amount of insurance coverage available. The best way to determine the true value of your claim – especially if you suffered catastrophic or severe injuries – is by consulting with an attorney. 

Statute of Limitations on an Austin Pedestrian Accident Case

Texas has a law called the statute of limitations that places a strict time limit on the right to file an accident or injury claim. Injured pedestrians in Austin must file their claims within two years of the date of the accident, in most cases. However, there are exceptions to the rule that can shorten or extend the deadline.

If there was a delay in the discovery of the victim’s injuries, the clock will be tolled (paused) until the date of reasonable discovery. If the at-fault driver is a government official, the deadline can be significantly shortened. This is why it’s important to speak to a lawyer as soon as possible about a potential claim.

You Have the Right to Hire an Attorney in Austin

Getting hit by a car in downtown Austin can leave you with serious and painful injuries, as well as many questions about your rights. Get personalized answers and legal advice you can trust by contacting the pedestrian accident lawyers at FVF Law Firm – Injury & Wrongful Death Lawyers. 

We have more than 100 years of combined legal experience to put toward winning your case. We can help you with every step of the recovery process. Call (512) 640-2146 today to get started.