Category: Car Accidents

Most people think that in accidents between cars and pedestrians, the driver of the vehicle must be at fault. We were all taught that the pedestrian always has the right of way; however, from a legal standpoint that may not be true. In a car accident involving a pedestrian, the pedestrian can be at wholly or partially at fault.

How Is Fault Determined?

According to Texas Transportation Code, Title 7 §552, pedestrians do not have legal access to all roadways. In many parts of Texas, pedestrians are not allowed to walk across highways, bridges, and busy roads in high-traffic areas. Roads where pedestrians do have access contain rules, traffic signals, and signs that show pedestrians how and when to cross a street or intersection.

After a car accident that involves a pedestrian occurs, the police / emergency services should be called right away and medical attention should be given to anyone involved in the accident that was injured. The police will speak to all parties involved, including witnesses to the accident, and will put the information obtained into a police report. The police will note if the driver of the vehicle broke any relevant traffic laws and/or if the pedestrian had violated any city or state laws.

If the driver of the vehicle that hit the pedestrian is clearly at fault for the accident, the pedestrian should have no issues receiving fair compensation from the driver’s insurance carrier for the damages caused. The pedestrian may still need experienced legal representation to ensure the insurance company does not attempt to under-compensate them.

A pedestrian may be found partially or fully at fault for the car accident if they were:

• Crossing an intersection when there is a “Do Not Walk” signal
• Entering the street while intoxicated
• Jaywalking (crossing the street outside of a crosswalk)
• Walking in areas where pedestrian access is prohibited (freeways, bridges, etc.)

In some rare cases, the pedestrian may be fully at fault for the accident and they will not be able to recover compensation for damages that occurred. The driver could turn around and sue the pedestrian for compensation for their injuries and any damages to the vehicle.

Shared Fault in a Car Accident Involving a Pedestrian

Even if a pedestrian does some of the above behaviors to cause a car crash, the driver of the vehicle can also still be partially at fault. If the driver was speeding – even if the pedestrian was jaywalking – the driver would have been breaking a traffic law and would not have left enough time to react to the pedestrian walking into the road.

When both the driver and the pedestrian are found to be at fault, what happens? Texas courts may assign proportionate responsibility and compensation to both sides based on each side’s amount of responsibility. Whether you are the pedestrian or the driver, to receive partial or full compensation for your injuries, the court has to determine that you were less than 50% responsible for the accident.

South Texas Car Accident Attorneys

Car accidents involving a pedestrian can be complex and stressful situations. Whether you were the driver or the pedestrian, you should not have to handle this alone. By choosing experienced legal representation, the victim won’t have to worry about what steps to take to receive fair compensation for the accident. If you or a loved one has been injured or killed in an auto pedestrian accident, contact the Weslaco car accident lawyers at Ezequiel Reyna, Jr. Law Office today to discuss your case. There is limited time to act following a Texas car accident, so don’t delay.

Car accidents occur every day and are caused by a variety of reasons, including bad weather, road hazards, or mechanical car issues. However, according to the National Safety Council, about 94% of motor vehicle accidents happen purely from driver error. This means that nearly all car accidents are preventable.

While the development and implementation of fully automated cars is on the horizon, drivers are still human and can make errors while driving their cars. Here are some of the most common driver errors that lead to car accidents:

Driving While Distracted

Distracted driving is any activity that diverts attention away from driving. There are so many ways for a driver to be distracted while in their vehicle. Cell phones, entertainment and infotainment systems, fast food, and more can take a driver’s eyes off the road. Drivers talking on cell phones, handheld, or Bluetooth miss recognizing up to 50% of the changing environment around their vehicles, including other cars, motorcycles, pedestrians, and bicycles. Drivers who are texting or reading and responding to emails will recognize changes in the environment even less. Sending a text or reading an email can take your eyes off the road for an average of five seconds. When driving at around 55 mph, that would mean keeping your eyes off the road for around 100 yards – or the entire length of a football field. Any non-driving activity engaged in while driving exponentially increases your risk of crashing.

Not Communicating Clearly to Other Drivers

Many drivers fail to use proper signals that are meant to communicate their intentions to other drivers. Using turn signals to indicate the intention to change lanes or make a turn is vital to showing other drivers that you are changing your pattern of driving. Also, making sure that your brake lights, headlights, and turn signal lights are all in working order is essential to driving safely. Without properly working lights, cars behind you and in front of you may not know what your vehicle is doing, and thus cannot prepare for a change you may be about to make. Clear communication through signals and lights can reduce the chance of a car accident.

Violating Traffic Laws

Traffic laws are put in place to keep drivers safe while on the roads. Drivers who do not follow traffic laws are more likely to get into a car accident. One common traffic law violation is speeding. All drivers should obey the speed limit, but many drivers fail to do so. Speeding creates dangerous situations and reduces the amount of time a driver has to react to any changes that occur on the road, including other drivers stopping suddenly, road conditions becoming wet from rain, or the road curving sharply.   Another traffic law that drivers commonly violate is not stopping at red lights or stop signs. Paying attention to and adhering to traffic signals and signs helps prevent car accidents from occurring. Drivers who do not stop at stop signs or who run red lights greatly increase their chances of causing a car wreck that serious injures themselves and others on the road.

Weslaco Car Accident Lawyers

Car accidents caused by driver error are scary, confusing, and stressful, but victims don’t have to handle them by themselves. By selecting knowledgeable legal representation, the injured won’t have to worry as much about their next steps. If you or a loved one has been injured or killed in a car accident, contact the South Texas car accident lawyers at Ezequiel Reyna, Jr. Law Office today to discuss your case. There is limited time to act following a motor vehicle accident in Texas, so don’t delay.

Driving on Texas roads is not always a stress-free experience. You may be in a hurry to get somewhere but the driver in front of you is just not going fast enough for you. The temptation to tailgate that car might be very high, but tailgating can lead to serious car accidents and is considered aggressive driving in Texas.

Reaction Time Matters

An average size car going 60 mph requires a minimum of 240 feet to stop safely once the brakes have been pressed. Before you press the brake pedal, it can take 60 feet just for you to realize that you need to stop in the first place, then 180 feet for the vehicle to come to a complete stop. This does not factor in how heavy your vehicle may be, if the road is wet or oily, or if there is debris in the road – all of which can significantly increase the distance required for the car to be able to stop. Wet roads increase the distance to stop by as much as four times.

If you are tailgating the car in front of you and that car suddenly stops or slows down, there will not be enough time to react to that sudden change. The likelihood of crashing into that vehicle is extremely high and could cause horrible damage to your vehicle and injure yourself and those in the vehicle in front of you.  Auto collisions due to tailgating are incredibly common. According to the National Highway Traffic Safety Administration, 23 percent of all motor vehicle crashes are rear-end collisions, which lead to an average of 2,000 deaths and almost 1,000,000 injuries every year.

Follow Safely

No one likes to be tailgated. It can be a scary experience and can make a driver feel incredibly uncomfortable. When driving, try to keep a good amount of space between you and the driver in front of you. A safe distance would be about 10 feet per 10 mph of speed. For example, if a vehicle is going 45 mph, the driver should maintain 45 feet of distance between their car and the car in front of them. Measuring exact distance is not the easiest thing to do when driving, but there are ways to estimate it, including:

• Observe cars around your vehicle on the highway and try to stay about five to six car lengths away from a car in front of you.
• Observe the road markers along your drive. Choose a road marker and watch when the car in front of you passes it. Count the number of seconds it takes between their car passing and then your car passing that same road marker. That time should be at least three seconds. Double that amount of time for wet road conditions.
• If tempted to tailgate, make the decision to safely pass the car ahead of you instead.

Drive Defensively

If you are being tailgated, stay calm and try to take a few defensive measures to avoid being rear-ended. Stay in the right-hand lanes to allow faster vehicles to pass while driving. If being tailgated in the left-hand or center lanes, safely change lanes to allow the faster vehicle to pass. Leave enough space between your car and the car in front of you so that if there is a car crash, it will not be a multi-vehicle crash. If driving on wet roads, increase that amount of space to allow for increased reaction time if a sudden stop occurs.

South Texas Car Accident Lawyers

Car accidents caused by tailgating can be confusing, complex, and stressful, but victims don’t have to handle it all on their own. By selecting quality legal representation, the injured won’t have to worry as much about their next steps because they will have the guidance and support of an experienced personal injury attorney. If you or a loved one has been injured or killed in a car accident, contact the Weslaco car accident lawyers at Ezequiel Reyna, Jr. Law Office today to discuss your case. There is limited time to act following a motor vehicle accident in Texas, so don’t delay.

A motor vehicle accident can be a frazzling experience. Regardless of whether it is your first car accident or you have been involved in a wreck before, each incident is unique and can cause drivers to panic and make costly mistakes that could be used against them later. While we cannot control the actions of others, drivers can take safety into their own hands by following traffic laws and otherwise practicing safe driving. When unfortunate events do occur – and they will – it’s in the best interest of the driver to avoid making car accident mistakes following a collision.

What Not To Do

Car accidents result in a multi-step process that must take place before a claim can be resolved. After the standard exchange of information immediately following an accident, most drivers are unaware of what they should or should not do next. Below we list actions drivers should never take following an accident; and, it is recommended that car accident victims hire experienced local legal counsel to oversee their accident claim to ensure proper handling. Weslaco car accident lawyers work to ensure victims receive the full amount of potential compensation for their damages.

Don’t Flee the Scene

Fleeing the scene of a motor vehicle accident is not just irresponsible, it is illegal. Hit and runs are devastating; and, depending on the accident, they can result in a fatality if the offending driver fails to stop and render aid. Drivers who flee the scene only add to the destruction they caused in the crash and make legal matters worse for themselves.

Don’t Admit Fault

This may sound like a no-brainer; however, drivers involved in car accidents may admit fault without realizing they have done so. It’s recommended that drivers do not admit fault at the scene of the accident or to insurance providers – even their own – as this could impact who is ultimately held responsible for causing the crash. This also goes for speaking to the other party’s insurance provider and/or signing any documents without contacting a lawyer first. Remember, it is not up to the driver to determine fault, lawyers are better equipped to handle such matters.

Be Sure to Contact Police

Drivers of either car may be resistant to call police following an accident; however, a law enforcement investigation is crucial to the insurance claims process. Police reports provide a detailed description of the car accident, including drivers, location, and – if it can be determined at the scene – who is at fault. Insurance providers will request copies of any such reports, so it is always a good rule of thumb to contact the police or other emergency responders following an accident.

Be Sure to Document the Accident

In addition to police reports, individual documentation of the accident and related events is also important to the outcome of a claim. Drivers should document vehicle damage at the accident scene, save all documents related to police reports, towing, and storage, and most importantly, document the personal and insurance information of the drivers and other persons involved.

Timely Seek Medical Attention

Another common mistake that can lead to future problems for car accident victims is if a driver or passenger denies any injuries or pain at the scene and/or to insurance providers before seeking medical attention – or fails to seek medical attention at all. It is common for accident victims to be in shock following a wreck, and adrenaline can mask the pain of sustained injuries.

South Texas Car Accident Lawyers

Car accidents can be confusing, complex, and stressful, but victims don’t have to handle it all on their own. By selecting quality legal representation, the injured won’t have to worry as much about their next steps because they will have the guidance and support of an experienced personal injury attorney. If you or a loved one has been injured or killed in a car accident, contact Weslaco car accident lawyers at Ezequiel Reyna, Jr. Law Office today to discuss your case. There is limited time to act following your accident in Texas, so don’t delay.