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Pedestrians: Know Your Rights

A skateboarder was critically injured after being hit by an SUV while crossing Highway 6 around 10:30 p.m., Sunday, May 13, 2018. The question of fault is still to be determined.

The Texas Transportation Code can be a little confusing. One area of confusion is in regards to the right of way between pedestrians and vehicles. Having a knowledgeable expert can make all the difference in the outcome of your case. Recently, Abraham Watkins’ Associate Reed Burritt was able to help a pedestrian obtain the maximum available award.

What Every Pedestrian Should Know

A pedestrian is subject to traffic signals just like a vehicle. A pedestrian also the right of way at a crosswalk where no traffic control signal is in place. If the pedestrian is not in a crosswalk, the vehicle has the right of way.

But what about the driver? A driver must avoid hitting a pedestrian on a roadway regardless of where the pedestrian is located if they can. This is true even if the pedestrian is crossing where there is no crosswalk or is disobeying a traffic signal.

The duty of the driver to avoid hitting pedestrians is even higher if the pedestrian is a child, disabled, obviously incapacitated, or engaged in work (such as a flagger in a construction zone).

Did the Skateboarder have the Right of Way?

Was the skateboarder well within a crosswalk and obeying a traffic signal? If so, the driver was at fault.

Was the skateboarder within a crosswalk but disobeying a traffic signal? If the driver had plenty of room to avoid hitting him or should have seen him in time to avoid him, the driver would be at fault.

Was the skateboarder crossing at an area where a crosswalk was not present? If so, it will depend on when the driver should have seen him. Again, if the driver had time to avoid the skateboarder, the driver would be at fault.

What do these all have in common? If the pedestrian can show they either had the right of way or show the driver had plenty of time to avoid them if they had been paying proper attention, the driver of the vehicle will be at fault.

If you or someone you know has been involved in a pedestrian/vehicle accident, it is important to find a skilled law firm with experience handling these cases. The law firm of Abraham, Watkins, Nichols, Agosto, Aziz & Stogner is the oldest personal injury firm in Texas, and our attorneys are standing by to assist with your claim. Call us today at 713-396-3964 or 800-594-4884 for your free consultation.

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