ParamedicsDallas, TX- In any city, motorists and pedestrians are continually crossing paths and sometimes those paths intersect violently. According to the Texas Department of Transportation, 486 people were killed in pedestrian accidents. Many of those accidents are the exclusive fault of an inattentive, impatient or careless motorist, but pedestrians have habits that can lead to an accident. Here USAttorneys will discuss few of those habits and how a pedestrian can recover compensation even if they bear some responsibility.
Wearing dark clothing: According to the CDC, most pedestrian accidents occur at night and pedestrians are harder to see especially if they are wearing dark clothing. Pedestrians should be proactive about their safety by wearing light-colored clothing, carrying a flashlight and investing in light-reflective clothing, so they will be more visible to motorists at night.
Not using a crosswalk: For the sake of expediency, pedestrians often cross busy roads in the middle of a block instead of a crosswalk. Doing so puts a pedestrian in greater danger of being struck. Motorists expect pedestrians in crosswalks and know to slow down, but they don’t expect them to dart out of nowhere into their path. Pedestrians should always cross at crosswalks whenever possible but
Walking while drunk: Statistics from the CDC show that 34 percent of the pedestrians killed in fatal accidents had a blood alcohol concentration of 0.08, meaning they were legally drunk. Drunk pedestrians take risks and make mistakes just like drunk drivers, so they are just as vulnerable and should avoid walking if they are overly intoxicated.
Wearing headphones: Between iPods and smart phones, headphones have had a massive resurgence and can be seen on many a pedestrian. In a 2012 study, researchers at the University of Maryland School of Medicine found that between 2004 and 2011, traffic deaths involving pedestrians wearing headphones tripled.
Those are just a few of the bad habits of pedestrians engage in that can lead to a traffic collision. Being partly to blame for a pedestrian accident doesn’t exclude you from recovering compensation. Under Texas personal injury statutes, you can still seek compensation for your injuries as long as you were not 50 percent to blame for an accident. If you are less than 50 percent to blame, you can still be awarded compensation from the driver who hit you, but your percentage of liability will be deducted you’re your final settlement. For instance, you are considered 20 percent liable for an accident and were awarded $20,000 that means the actual amount you receive will be reduced by $4,000 or 20 percent. So, your final settlement will be $16,000.
You level of responsibility is determined either in negotiations with an insurance company or court and depends on the actions of the pedestrian at the time of their accident. For instance, using one of the scenarios above, say you were crossing at an intersection and was struck by a motorist who had the right of way. Because you were listening to headphones and weren’t paying attention and stepped out into traffic when you didn’t have the right of way, you could be considered mostly at fault and ineligible for compensation.
When you are facing the issue of shared liability, it is crucial you have an accident lawyer in Dallas, Texas working to limit your liability. Let USAttorneys connect you with a lawyer who can ensure you get receive fair compensation for your accident.

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