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Statistics are clear – senior citizens face a higher risk as pedestrians than other age groups.
Approximately 25% of all pedestrian injuries and fatalities in the United States involve senior citizens. Going back as far as 1975, No change has been seen in regards to senior citizens fatalities in pedestrian vs. auto accidents, despite a decrease in fatalities reported in regards to younger age groups. The oldest members of our community continue to have the highest injury and death rates of all pedestrians.
North Texas has one of the fastest growing “pre-senior” population (age 55-64) in the nation and also ranks high in senior (age 65+) population growth. Over the next several decades, the 65+ population is expected to continue to grow rapidly both in number and as a share of the population.
A growing senior population brings new opportunities and challenges.
As we age, the majority of us share a common goal: to live independently and safely in our own homes and engaged in our communities for as long as possible. But without an effort to determine and change the root causes of the number of older citizens injured in San Antonio Pedestrian Accidents, there will likely be even more serious injuries and deaths as the number and percentage of senior citizens increases.
Physical limitations may play a role in the this skewed statistic. Senior citizens should by all means keep up physical activity such as walking as the health and emotional benefits outweigh the risks of an auto vs pedestrian accident. Some elderly Americans have limited vision and hearing and thus may be less alert to the traffic around them. Limitations in peripheral vision may prevent elderly ones from seeing oncoming traffic. Additionally, overall vision changes due to the aging process may make it difficult to judge traffic distance and speed. Pre-existing spinal and neck issues can cause some senior citizens to become permanently stooped over or without the ability to turn or lift their neck/head to properly see traffic conditions around them. Additionally, some seniors may have smaller physical frames making them less visible to motorists.
Drivers are often fail to take a pedestrian’s age and abilities into account.
While the driver of a motor vehicle is required in most cases to yield to pedestrians in Texas, some either just don’t see the pedestrian until it is too late, or even try to drive around the pedestrian. Texas drivers that attempt to drive around a senior citizen or time when they can safely pass, often inadequately take into consideration that elderly pedestrian may be slower in crossing a street and drivers may fail to react accordingly when slowing or braking. When a senior citizen is facing a three thousand pound (or greater) motor vehicle barreling towards them, they are often physically unable to move to get out of the way in the same manner in which a younger individual could. What is worse, while the injuries caused to an pedestrian hit by a motor vehicle are nearly always life threatening, senior citizens have the greatest difficulty surviving those injuries, take far longer to recover, and are more likely to face injuries that limit their mobility for the remainder of their lives.
Senior Citizen Pedestrian Injuries and Deaths can be prevented.
The following are examples of ways to significantly lessen the likelihood of a pedestrian being hit by a car:
Make eye contact as much as possible with drivers.
Avoid trusting the system. Many kind drivers who wave us on may lead us to ‘expect’ such behavior from all drivers. Don’t!
Use marked crossings if possible when crossing streets.
Carry a flashlight if walking in the early morning or dusk and/or use a headlamp.
Avoid wearing black and other dark colors.
Wear reflective clothing such as a reflective vest.
If possible, exercise or walk in places set aside for this purpose.
If walking on streets, use sidewalks as much as possible.
Elderly ones of short stature may wish to carry a lightweight, small, reflective orange flag to help makes them ‘visible’ when crossing in front of high vehicles such as buses and SUV’s.
When there are no sidewalks, walk facing traffic.
If walking for health, get a buddy. Two people are more visible than one!
The pedestrians increased ‘vulnerability’ requires motorists exercise great caution. Yet, inattentive and careless motorists on the roadways are the primary cause of accidents involving elderly pedestrians. Negligence and gross negligence remain the root of senior citizen and pedestrian collisions. If you find that you are a senior who was hit by a car, don’t allow the insurance company to bully you into feeling like the accident was your fault.
Types of Injuries in accidents involving pedestrians
Pedestrians have no protection from injury in a collision with a motor vehicle, and the injuries they suffer are often serious, catastrophic or even fatal. Common injuries include:
Traumatic brain injury (TBI).
Spinal cord injury.
Limb loss and traumatic amputation.
Internal injuries.
Disfigurement.
Fractures, such as a broken leg, arm, rib or pelvis.
Neck and back injuries.
Sprained or torn ligaments.
Contusions, lacerations and abrasions.
In the unfortunate event of an accident between a pedestrian and a motor vehicle, pedestrians will suffer severe bodily injury or even death. If you or a loved one has been involved in a pedestrian accident in San Antonio or other Texas city, Board Certified Attorney Aaron A. Herbert can help. The personal injury accident lawyers at the Law Firm of Aaron A. Herbert have helped injured pedestrians or surviving family members hold negligent parties accountable for recklessness or wrongdoing. Please do not wait to contact us if you or someone you care about has been involved in a pedestrian accident in Texas. There is a specific amount of time in which you can take legal action and you do not want to forfeit your rights by waiting too long to speak with a lawyer. Contact Us today for a free, confidential consultation.
If you have suffered an accident our Dallas DUI Accident Attorney can help you today.
Most people don’t intend to get into an accident when they drink and drive, but intention doesn’t mean much in the aftermath of an accident.
DUI accidents cause injuries and deaths in Texas every 20 minutes. Getting behind the wheel after drinking even one drink can mean the difference between a fun evening and facing criminal and/or civil charges.
For those injured or affected by death caused by a DUI accident, the memory can be haunting. Knowing that those responsible will be prosecuted for criminal behavior can be helpful, but it won’t pay for mounting medical bills, time out of work, and loss of enjoyment of life.
A civil lawsuit against a drunk driver can make a meaningful difference in the lives of accident victims.
To speak with a qualified injury attorney, contact us today.
Why Should I File a Claim for My Injuries?
If the drunk driver received a DUI charge after the accident, you have a great chance of successfully pursuing a personal injury lawsuit. Personal injury claims help you recover for emotional damages, therapy, and lost wages caused by an accident.
Though you cannot receive dual compensation for medical bills and property damage, you can file a lawsuit to recover for these additional damages.
If you’re unsure about your options in seeking compensation, utilize a free consultation with a skilled Dallas DUI accident attorney.
How Can I Press Charges for a DUI Crash?
A DUI Accident Attorney can help explain your options. Driving while under the influence is illegal in itself, but causing a collision adds much more headache to the drunk driver’s situation.
In negligence law, an injured can press charges against the other driver for their negligence. The injured driver must prove that:
The other driver possessed a duty to drive in a safe manner, preventing car accidents.
The other driver did not fulfill this duty to operate their vehicle responsibly.
The other driver’s negligence caused the incident that injured them.
They sustained verifiable injuries from the accident.
Because drunk driving is illegal, the drunk driver is in violation of “negligence per se” laws. By breaking the state’s DUI laws, the first two qualifications of duty and breach of duty immediately apply to the accident.
In this case, you must only prove that the drunk driver’s physical state caused the accident.
This is easier in cases where you are not at fault for any breach of duty, yourself. If a drunk driver clearly swerved into your lane and caused a collision while you were abiding by traffic law, the drunk driver creates a clear division in who is responsible.
Even in cases where you might have had some other distraction, most cases of drunk driving result in the drunk driver to receive the heftier fault percentage, making them liable for your damages.
Steps to Take After a Drunk Driving Accident
After an accident, you may be unsure about the next steps. After seeking appropriate medical care, talk to an attorney as soon as possible.
An injury attorney can help you create a plan of action, but if you don’t have an opportunity to talk to a trusted legal advisor quickly, here are some steps that you can take:
Get information at the scene of the accident – If you are able, call the police, talk to witnesses, and record as much information as you can about the accident. Take pictures of the accident scene and your injuries, and exchange information with the other drivers involved.
Contact your insurance provider – It’s important that your insurance provider be informed of any accident as soon as possible. Provide the agent with the facts, and tell them if you are injured. Avoid telling them anything that hasn’t been confirmed by your treating doctor. Do not accept any settlement offers immediately after an accident, unless you have discussed your case with an attorney.
Keep track of your medical information – Keep copies of all medical forms and information including diagnoses, prescriptions, medical treatments, and gas bills from your trips to and from treatment.
Talk to an attorney – Injuries after an accident can be immediately identifiable or may take time to develop in the days and weeks after an accident. Consult an attorney if and when you notice any injuries develop after an accident.
What is Comparative Negligence Law?
Texas enforces guidelines associated with comparative negligence in all personal injury cases. Comparative negligence means that both parties involved in an accident possess a certain proportion of the fault in causing the incident.
The court, law enforcement, or the insurance company assigns a percentage-based fault rating that dictates how much blame you must take responsibility for.
Because Texas practices modified comparative fault, the party that possesses a fault rating less than 50% can seek compensation for their damages through an insurance claim or personal injury lawsuit.
The other party is responsible for these damages because they contributed more to the accident.
DUI Collisions & Fatalities
Car accidents are responsible for the death of over 3,000 people each day. This is an extremely high incidence of fatality caused by preventable negligence.
Car accidents cause severe injury to those involved, but different factors can exacerbate the incident. Drunk driving is a severe form of distracted driving that causes the driver to conduct a myriad of traffic violations.
Speeding, crossing intersections at red lights, and neglecting to stop at stop signs are only a few of the infractions that drunk drivers might not even realize they’re taking part in.
Colliding with a drunk driver can be fatal – what happens if you’re involved in a car accident with one?
How a DUI Accident Attorney Can Make Your Experience Easier
A personal injury lawyer with a track record for success in DUI-related injury and wrongful death cases can make the recovery process after an accident much easier.
After an accident, you and your family may be dealing with medical treatments, funeral arrangements, and learning how to cope.
Experienced counsel in the aftermath of an accident can provide so much more than case analyses and the pursuit of a settlement.
Whether you need help finding medical care, negotiating with insurance representatives, or just need someone to offer sound advice, the Law Firm of Aaron A. Herbert can help. Our Dallas personal injury lawyer specializes in accident injuries and wrongful death suits in the Dallas area and throughout Texas.
We understand how important it is that our clients have a trustworthy person to confide in and rely on to act on their best interests.
Without experienced legal help, some accident victims may never recover the compensation they deserve in the time aftermath of a DUI accident.
Call A DUI Car Accident Lawyer Today
Attorney Aaron Herbert is one of less than 2% of practicing attorneys that is state of Texas board-certified in personal injury trial law.
This prestigious recognition, and a reputation as an aggressive trial lawyer, has made the team at Aaron A. Herbert, P.C. a sought after personal injury advocate in drunk driving cases.
We understand what it means to go through a drunk driving accident, and we are ready to help you hold those responsible accountable for their actions. Please contact us today for a free consultation.
