Yes, older adults are more likely to be injured or killed as a result of a pedestrian accident than younger victims. People 65 years of age and older accounted for 11% of all pedestrian injuries and 19% of pedestrian deaths in 2010. According to the CDC, more than 9,000 of pedestrian, fall-related accidents with older adults involved curbs. If your grandparent, older family member or elderly friend has been struck by a motor vehicle while walking, they may have a personal injury lawsuit and be entitled to compensation.
Who is to Blame in a Pedestrian Accident?
In a previous blog, we stated Texas is a comparative-fault state. That statute applies to pedestrian accidents as well. Even if a pedestrian is injured or killed in an automobile accident, they could be held partially or completely responsible. A pedestrian must be less than 50% at fault for an accident in order to have a case against the driver involved.
For example, if a pedestrian who is injured in a car accident is proven to have lacked the right of way, that person may not receive compensation. On the other hand, if a driver runs through a red light and strikes a pedestrian who did have the right of way, the pedestrian may be entitled to damages. Another scenario could be that debris or a dog in the road could cause a driver to swerve, subsequently hitting a pedestrian. Or a driver may be trying to avoid a wreck and accidently hit a pedestrian. Who’s to blame? As you can see, pedestrian accidents can be tricky. That is why you want an experienced, expert personal injury lawyer on your side.
What Safety Precautions Should Pedestrians Keep in Mind?
Pedestrians should understand their vulnerability. Like everyone else, they must follow traffic laws and signals, too. Always pay attention at intersections, crosswalks, sidewalks and signage outside of parks and schools.
Sure, it can be dangerous walking from place to place, especially when you are older and more susceptible to falls; but that does not mean you should be restricted to driving, catching rides or taking the bus every day.
When we are older, sometimes our eyesight isn’t as sharp; our reaction time isn’t as fast. In the state of Texas, you are considered an elderly driver at the age of 70. Between the ages of 74 and 85, you are legally required to renew your driver’s license every six year. Once you turn 85, you must pass the visual and written driver’s test every two years. As a result, many older adults lose their privilege to drive, forcing them to find alternate forms of transportation.
Is There A Personal Injury Lawyer in North Dallas Who Understands Pedestrian Accidents?
Pedestrians are at a high risk for injury and death in motor vehicle accidents. With pedestrians lacking the shield of a seatbelt, airbag and a car, that’s not surprising. However, that doesn’t make these accidents less devastating.
If you or an older loved one has been hurt or killed in a pedestrian accident, don’t hesitate to contact Plano personal injury lawyer Amy VanDeLoo. She will fight for every dollar you deserve.
But please remember, pedestrian accidents can happen to anyone, not just senior citizens. That’s why it’s important to use caution when walking. Pay attention to traffic signals, look both ways before crossing the road, and wear reflective clothing if you are walking at night. Whether you have been hurt or a loved one has been fatally injured as a result of a pedestrian accident, please call The VanDeLoo Firm at 972-200-5080 for honest, aggressive representation.
photo courtesy of foto76 / Free Digital Photos