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February 2020 - Robert Littlefield Buford III, Attorney at Law

Pedestrian Hit While Jaywalking

Pedestrian Hit While Jaywalking

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If you are fond of jaywalking, it is time you stopped it. This not only exposes you to dangerous car accidents, but it also risks the lives of other pedestrians. For one to cross the street, they need to go to the intersection and cross in the crosswalk.  However, people still want to use shortcuts to get across the road. So, what happens when you end up hitting a pedestrian jaywalking? Who is responsible for the accident? Here are the answers to these two questions.

Who is at Fault?

Imagine you witness a pedestrian get hit by a motorist, and then you become quick to blame the driver. A sudden twist of events may arise when both parties are assessed to help establish if the driver was negligent. The police will assess the circumstances under which the accident happened, and present their verdict to the court.

Both motorists and pedestrians must adhere to traffic rules — failure to go this direction subjects both parties to risk factors that would have been avoided. To determine the at-fault party, the principle of negligence must be present. If you sustain a personal injury as a result of your carelessness, then you will bear all the consequences. So, blaming the driver of the vehicle is not right, provided they did not break the traffic rules.

When a Motorist is At-Fault

Motorists pose the greatest danger to pedestrians. Therefore, drivers must avoid putting the lives of pedestrians in danger. Interestingly, drivers tend driving too fast or drive under the influence. Some of them may ignore the red light or pass on the shoulder. When you hit a pedestrian under these situations, you are at-fault.

When a Pedestrian is At-Fault

If you must cross a highway at the intersection, the law states that you give right of way to vehicles on the road. Jaywalking is not only risky but also exposes the pedestrian as an irresponsible person. If you get hit by a motorist while jaywalking, you will be at-fault. You will need a very reasonable explanation for jaywalking when the accident happened.

When Both are At-Fault

In typical situations, both parties may share fault. For instance, a pedestrian may be jaywalking, but the driver may be driving under the influence. When this happens, Austin personal injury attorney can assess both cases to determine who at-fault is. They will help you to file a personal injury lawsuit against the driver. When the jury determines that the driver was 75% at-fault for the accident, they will be held liable for the injuries and damages.

Our Austin Personal Injury Lawyer can Assist You

If you aret hit by a vehicle when jaywalking, a personal injury lawyer can help you seek compensation. Robert Littlefield Buford III, Attorney at Law, continues to help clients who have accident-related cases in Austin. Over the years, we have helped individuals and families to regain hope. Call us today for more info on the laws governing jaywalking or visit our page.

Charges for Hitting a Pedestrian

Posted by | Pedestiran Accident | No Comments

Hitting a pedestrian is the last thing on your mind, as a motorist. You cannot begin to imagine the dire consequences that await you regardless of your driving skills on the road. When this happens, there are essential things you need to consider to avoid worsening the situation. What are the charges for hitting a pedestrian? How will your case be determined? This article will provide an insight into everything you need to know about motorist-pedestrian cases.

Civil Liability

The pedestrian presses charges against you to get compensation for medical expenses, pain, and suffering. Alternatively, they may file a third-party car claim through the driver’s insurance company. This can only be done when the driver is at fault, and not for jaywalkers.

When pursuing an insurance claim, an attorney will try to prove that the driver was careless enough to hit a pedestrian. Witnesses and third parties can issue their statements on the same. The police officer in charge of the accident must present their report based on their findings. In the report, they must indicate whether the driver violated the road traffic rules.

A police report carries a lot of weight, whereas pursuing compensation for the damages and injuries from the negligent driver is concerned. Most of these negotiations are normally done out-of-court with insurance providers. Still, the driver’s insurer may offer a lower amount to avoid incurring losses. When you have a qualified personal injury lawyer by your side, your chances of getting a considerable amount is high.

In some cases, a motorist may hit pedestrians, resulting in wrongful death. The pedestrian’s loved ones can sue the driver on behalf of the deceased. An attorney will help prove if the driver was negligent so that they can pay for it.

Criminal Liability

Here, the driver accidentally hits a pedestrian and stops to bear the consequences of their actions. The pedestrian may press charges through a personal injury lawyer, and a higher car insurance premium. But when they flee the scene, they will be prosecuted on the grounds of hit and run.

A driver who is driving under the influence of drugs or alcohol is at a higher risk of hitting a pedestrian. When this happens, it is assumed as an “aggravating circumstance.” When prosecuted, the driver is likely to do time in prison or pay hefty fines.

In a case where you hit a pedestrian and they die, you may face criminal charges for vehicular manslaughter. You can either be charged with wrongful death if the court proves you were negligent.

An Austin Personal Injury Lawyer can Help

Have you been involved in a car-pedestrian accident and are looking for an experienced Austin Personal Injury Attorney? Go no further than Robert Littlefield Buford III, Attorney at Law. Our team of knowledgeable and licensed attorneys is passionate about helping Austin residents get justice. From civil to criminal liabilities, we will personalize our services to meet your needs. Even if you doubt that you are about to lose a case, we will restore hope to you. Contact us today for a consultation or to get a legal representative for your case.

Pedestrian Accident Statistics

Pedestrian Accident Statistics

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According to the Centers for Disease Control and Prevention (CDC) 2016 report, at least 5,987 pedestrians were killed in the US. This means that one person can have a crash-related accident every 1.5 hours. Also, at least 129,000 pedestrians sustained personal injuries in 2015. That person behind the wheel who causes the accident or gets hit by a car could be anyone. It is essential to learn about pedestrian accident statistics in creating awareness to help reduce road carnage.

Number of Vehicles Involved Vs. Severity of Injuries

The type of vehicle involved in a pedestrian accident greatly determines the impact of injuries. It gets worse when more than one vehicle is involved. In 2013, 92% of pedestrians who died from car crashes involved a single vehicle, while the rest of the 8% came as a result of multi-vehicle collisions. Passenger vehicles such as SUVs, pickup trucks and vans accounted for the majority of front impact collisions resulting in pedestrian(s) death.

Driving Under the Influence

Driving while under the influence of drugs or alcohol plays a significant role in pedestrian accidents. About 49% of the fatal accidents were as a result of alcohol use, either by the driver or pedestrian.

Urban Vs. Rural areas

Urban areas account for 73% of pedestrian accidents, while 27% occur in rural areas. It could be because more vehicles and pedestrians are using the road in urban areas.

Time When the Accidents Take Place

Most accidents where pedestrian fatalities are reported to happen during the night hours. Pedestrian accidents also differ with the time of the year. It explains why more people are likely to be killed during the summer holidays as compared to during the winter.

What can You do to Increase Pedestrian Safety?

It is common to see or hear about accidents involving jaywalkers. To prevent this from happening, engineering measures that separate vehicles from pedestrians should be considered. It would be absurd for a pedestrian to cross a highway through an intersection while ignoring the sidewalks, refuge islands, and footbridges.

Motorists, on the other hand, should drive with caution even when they are in compromised situations. Observing the recommended traffic speed can also help reduce the number and severity of accidents on the road. For instance, if you were driving at high speed then hit a pedestrian, there is a high chance of them dying on the spot.

Discover the Statistics Through Our Lawyer

Road users need to learn more about pedestrian accident statistics to help create a multifaceted approach in curbing road deaths and injuries. Robert Littlefield Buford III, Attorney at Law, is a team of accident and personal injury lawyers who assist people involved in accidents in Austin, TX. We only charge legal fees once your case has been concluded. Whether the accident was your fault or another person’s, our experienced lawyers are ready to help you in the corridors of justice. Contact us today for a free no-obligation consultation.

Getting a Ticket after a Pedestrian Accident

Getting a Ticket after a Pedestrian Accident

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Hitting a pedestrian is the last thing in the mind of every motorist. The aftermath can be traumatizing to both the victim and the driver. If you hit a pedestrian, you risk facing motor vehicle tribunal fines, criminal, civil charges or loss of license. It will help you to know how getting a ticket after a pedestrian accident works. An Austin personal injury lawyer has the legal expertise to advise you on how to go about this.

The Potential Liabilities for Hitting a Pedestrian

In Austin, a pedestrian has the right to sue the driver who has hit them. You may get a ticket for hitting a pedestrian after it has been established that you were at fault. The award for this type of accident may vary depending on the likelihood of a severe injury and other losses. The driver’s insurer may be compelled to pay for the resulting damages in a civil lawsuit:

  1. Pain and suffering
  2. Medical expenses for a personal injury
  3. Lost wages
  4. Emotional trauma

In a case where the driver violated traffic laws, the driver may be sued for the damages in a criminal lawsuit. This includes driving under the influence, ignoring the traffic lights, hit and run or reckless driving. The at-fault driver risks getting fines, losing their license or getting incarcerated.

What Happens When You Hit A Jaywalker?

If you were driving on the highway and then a pedestrian suddenly appears, there is a high chance of hitting them. Crossing highways through an intersection makes pedestrians vulnerable to car crashes. In case you were not driving recklessly and happen to hit a jaywalker, you may be excused from getting a ticket for hitting a pedestrian. However, you will still be compelled to pay for the damages.

In a motor accident claim tribunal, a separate application will be processed. Here, the court will examine if there was contributory negligence on the part of both parties. The driver’s insurer will be ordered to pay for personal injury and other damages. This can be done out-of-court or away from a criminal trial.

Why is it Important to Hire a Motor Accident Attorney?

If you have received a ticket for hitting a pedestrian, whether you are at fault or not, you should contact a personal injury attorney as soon as possible. An experienced attorney will inform you of the nature of your case, advise you on the measures you need to take to avoid hefty fines.

Hire an Austin Personal Injury Lawyer

Robert Littlefield Buford III, Attorney at Law, is a legal firm that handles pedestrian-accident cases in Austin and its surroundings. Our dedicated team of legal experts understands the rules of traffic and the consequences that come with violations. Whether you hit a pedestrian out of negligence or due to unclear circumstances, we will be there to guide you when being issued with a ticket. Contact us today if you have any questions about getting tickets for hitting a pedestrian or need a personal injury to represent you.