In order to file a claim against a driver who hit you while walking you need to prove that you were not at full fault for the accident. If the driver can prove that this was a distracted walking accident and you therefore contributed to it by not paying attention to your surroundings, you may not be able to recover as much or any of the settlement to which you are entitled.
It pays to stay alert when you're walking, especially when traveling near busy roads. Distracted walking is one of the main reasons many Texas pedestrians end up being hit by vehicles every year. With just a simple change in your walking habits, you could reduce your risk of becoming another pedestrian injury statistic.
Types of Distracted Walking and Their Risks
Anything that takes your focus off of your surroundings is considered distracted walking. Visual impairments like looking at your cell phone count as do audio distractions like listening to music with earbuds or headphones. Basically, if you step off the curb at a non-designated crossing area for pedestrians, when ther
e is one available, then it is likely the driver will hit you with a distracted walking accusation. Even if there is no crosswalk painted on the ground, it is accepted behavior to cross at an intersection rather than the middle of the road.
When you take your eyes off the path in front of you, it increases your risk of tripping and falling into hazardous areas. Not listening to your surroundings could cause you to miss vehicles coming up from behind or emergency vehicles that are approaching at high rates of speed. Letting your mind stray from safely reaching your destination could cause you to wander off a safe sidewalk or out of a crosswalk and into traffic.
Distracted Walking and Pedestrian Injury Claims
To file a pedestrian injury claim, you need to be able to prove that the driver who hit you was more than half at fault for causing the accident. Therefore, if you were found to be listening to loud music and texting on your smartphone when you stepped into the road, the driver who hit you could argue that there was no time to stop because you abruptly walked into his or her path.
Your negligence in terms of keeping yourself safe while walking near traffic can reduce the amount of your injury settlement or cause the judge to dismiss it outright. Therefore, it is best to have an attorney on your side to help you develop your injury claim and help you seek the best outcome possible.
Even if you were guilty of distracted walking, if the driver was also acting recklessly such as speeding or driving while drunk, he or she may be partially at fault for causing the accident. The driver's negligence still allows you to recover some of the damages you suffered from the crash.
If you have any doubts about your right to recovery after a pedestrian accident, contact a Texas pedestrian lawyer for help with your claim.
