Jim Adler | The Tough, Smart Lawyer
By Jim Adler June 24, 2015

The National Highway Traffic Safety Administration declares Texas to be the 10th most dangerous state for pedestrian fatalities. In 2012, 4,743 pedestrians were killed and 76,000 pedestrians were injured in traffic crashes in America. Jim Adler & Associates offers these tips to avoid pedestrian accidents and save your own life or those of others.

Safety Tips for Pedestrians

Pedestrians can remain safe while sharing the road with motorists and cyclists by observing the following safety tips:

  • Cross roads or parking lots at designated crosswalks
  • Walk on sidewalks if possible and avoid walking on the street
  • If walking on the street, walk on the left side facing traffic and try to make eye contact drivers
  • If walking on the street at night, wear reflective clothing and carry a flashlight
  • Be alert for vehicles even when walking on a shoulder or sidewalk. Many pedestrians are struck by vehicles going off of a roadway

Pedestrian Safety Tips for Drivers

Drivers also play a pivotal role in ensuring the safety of pedestrians. Tips for drivers include:

  • Always stop for pedestrians, even if you have the right of way
  • Slow down when approaching crosswalks and intersections where pedestrians might cross
  • Before and while turning, ensure that no pedestrians are in your path
  • Be extra attentive around schools and densely populated areas
  • Always be careful when backing up, so as not to hit a pedestrian crossing behind you
  • When backing out of private home driveways, ensure that no children are playing nearby; many children are seriously injured or killed in low-speed accidents such as these

Texas Pedestrian Accident Statistics

Texas pedestrian accident statistics show that the state had 478 pedestrian fatalities in 2012, second to California’s 612. Factored proportionately, it meant Texas had 1.8 pedestrian fatalities per 100,000 people, the 10th worst rate in the nation, according to the NHTSA.

Delaware ranked first — or worst — for the rate of pedestrian fatalities, with almost three pedestrian fatalities per 100,000 persons. The national average by state was 1.5.

Though some accident fatality rates are decreasing, pedestrian fatalities increased in seven of the 10 most dangerous states from 2010 to 2012. Overall, pedestrian fatalities increased by 9.4% across America in those years.

In Texas, pedestrians were in even more danger. Pedestrian accident fatalities increased 33% from 2010 to 2012, significantly larger than the national increase of 9.4%.

In 2012, Texas’ 3,398 traffic fatalities were the highest in the nation and Texas’ 478 pedestrian fatalities represented 14% of all traffic deaths in the state.

As the second most populous state after California, Texas has become more densely populated, a factor which can contribute to pedestrian accidents. The NHTSA says 73% of pedestrian fatalities happen in urban areas.

Pedestrians Most At Risk

The pedestrians who are most at risk include persons 65 and older, who account for one fifth of fatalities nationwide, in part because they move more slowly across roadways.

Children, who are smaller and harder to see and can run across streets without warning, are also at higher risk for pedestrian accidents. Of the children killed in all forms of traffic crashes in 2012, over 20% were pedestrians.

Alcohol-influenced drivers or pedestrians also are a major factor, accounting for just under half of all pedestrian fatalities in accidents.

Pedestrian Accident Blame

Determining blame in a pedestrian accident depends on the individual case. Though drivers are at fault in an estimated 50% of cases, pedestrians also can be at fault or at least partly responsible. To recover financially after an accident, the victim’s family must be able to assign at least partial blame to a driver or drivers. Drivers often are at fault due to speeding, alcohol or inattentiveness.

Blame for pedestrian injuries also can be assigned to owners of property whose surfaces are unsafe for walking. Many pedestrians are injured in parking lots with uneven pavement, holes in the surface and other impediments to walking. Pedestrians who trip and fall then may be hit by vehicles.

Making An Insurance Claim

A pedestrian can make an insurance claim after an accident against the driver’s insurer provided the driver was at least partly at fault. A pedestrian’s own auto or health insurance may be applied and, if the pedestrian was working at the time of the crash, a workers compensation claim may be made.

If an at-fault driver was uninsured, a pedestrian making an insurance claim will need uninsured motorist (UIM) coverage with his or her own insurer to make a claim. Jim Adler & Associates strongly advises that people get UIM coverage with their insurance policy.

If the pedestrian as well as the at-fault driver was uninsured, the pedestrian has few if any options for claiming compensation. One would be to file a lawsuit against the driver to try to claim his or her assets. The success of such a lawsuit depends in large part on the driver’s level of assets. Many drivers who lack insurance also lack substantial assets.

In any case, blame is a key. A pedestrian may be partly responsible for a crash, which in legal terms is called contributory negligence. If that’s the case, damages can be assessed based on an evaluation of the degrees to which the pedestrian and the driver were both to blame.

This can happen, for instance, when a pedestrian crosses illegally in the middle of the street — also known as jaywalking — and is struck by a driver who was texting at the wheel and failed to notice the person walking into the car’s path. In this case, both the driver and the pedestrian are partly at fault for the accident.

Since pedestrians are so vulnerable, many pedestrians are killed in crashes, and injuries can be debilitating if not catastrophic. Personal injury claims then are vital.

Get a Pedestrian Accident Lawyer

Victims can receive a free case review from an experienced pedestrian accident lawyer by contacting Jim Adler & Associates. We can provide an experienced attorney to pursue compensation by means of a lawsuit or settlement with an insurer.

Contact us today for your free case review.

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Testimonials

Erick Becker
Erick Becker
01:20 06 May 17
I am a Patrol Deputy for the Sheriff Office and while working one night, a drunk driver crossed the center stripe on the highway and struck my patrol vehicle head on with his pick up truck. Needless to say we (the drunk driver and I) were both lucky to survive, as the accident occurred at highway speeds. Following my release from the hospital, I knew that I would need to have someone represent me. My employer was happy to represent me in regards to prosecuting the driver for criminal charges but, can do little in respect to the recovery of financial losses for medical bills, pain and discomfort, time lost from work etc... This is how my relationship with Jim Adler and Associates began. Yep, you probably guessed correctly when you think of what made me choose the "Texas Hammer" to represent me. Those half obnoxious, half way entertaining commercials and radio announcements most Texans have been seeing and hearing on the TV and radio for years instantly came to mind. Yes, I wanted to "hammer" this S.O.B. for trying to kill me but, more importantly I was worried about the costs associated with the life long injuries I had sustained as a result of this drunk driver's negligent behavior. I contacted Jim Adler and Associates and so began our relationship. I was immediately surprised by the prompt attention and the expression of genuine concern for my well being that I received from the employees of Jim Adler's office. Now as you can imagine, lawyers are not a breed that is held in very high regard by people in my profession but, my experiences with Jim Adler's office and his employees have forced me to amend my way of thinking, at least on the civil side of the house anyway. I have to chuckle when I say that because my experience as a client of Jim Adler's firm has been exceptionally pleasant. So before I venture down one of the stereotypical and infinite number of rabbit holes associated with the relationship between members of law enforcement and lawyers; I will do my best to stay focused on my experience with Jim Adler & Associates. Upon being informed that my case had been accepted by Jim Adler's office; I was contacted by Iris Sanchez who informed me that she was to be my case manager and any questions, comments and concerns could be directed to her. I was pleasantly surprised to receive regular calls from Iris assisting with my medical appointments and future follow up appointments. Iris had informed me that Jim Adler's son, Bill Adler would be handling my case and I was even more surprised to receive several calls from Bill to discuss my case. Now you might be thinking "what's the big deal" with the person who is representing you contacting you? In reality, you are correct in that it isn't a big deal but, what is noteworthy and what separates Jim Adler's Office from the multitude of other lawyers is the genuine expressions of concern and the desire Bill Adler conveyed to me to do their best to help me. I felt an immediate connection and instantly realized I had made the correct choice in contacting Jim Adler & Associates to handle my case. One thing I think lawyers and police officers can agree on is the proverbial wheels of justice turn very slowly. Months go by and our professional relationship is never neglected. Through the unwavering attention of Iris Sanchez and Bill Adler himself, I never felt "out of the loop" so to speak and always had a clear understanding of where my case was at in regards to the legal process. In conclusion, I know my brief description of my experiences with Bill Adler and, his assistant Iris Sanchez, cannot provide the credit they deserve. Together they have done an outstanding job representing their firm/employer. If you are seeking a great firm to represent your legal interests and, take comfort in establishing a professional relationship that feels more like a friendship than a casual business acquaintance, then I highly suggest Jim Adler & Associates.
Tierra Clark
Tierra Clark
18:52 19 May 17
My lawyer Bill Adler and case manager Iris Sanchez are amazing! They constantly call and check on you . They keep you up to date through the process. They care about you as a person and not just a client. The wreck was a life changing experience that I've never been through before. I'm just glad I had the right people like Bill Adler and Iris Sanchez to help me through it. Truly satisfied.Thanks and God bless y'all!
Lorenzo Preston
Lorenzo Preston
17:23 26 Jan 17
Jim Adler only offer nothing less than a great experience. They are a very well-established organization. They are outstanding on keeping you up to date with cases. There's no beating around the bush with this organization as they are only straight forward with the whole process. They treat their customers like family as well as go above and beyond to fight cases for you only leaving you with nothing but the best experience. Easy 5-star rated organization. I would highly recommend this one organization you not look over.
Tori Barroga
Tori Barroga
14:17 11 May 17
I was dropped from a previous law firm regarding my case before I called Jim Adler. They immediately took up my case and worked hard on it - I was always up to date with each step they took and the benefits or consequences of each. In the end, I am highly satisfied with the outcome and would not have it any other way. It took some time but I truly appreciate and want to thank everybody who helped me on this journey and worked tirelessly on it.
Bernard Orozco
Bernard Orozco
17:16 23 Feb 17
I am very happy with Jim Adler & Associates. I did not know anyone who has ever used the Law Firm before. The staff is very friendly and treated me as if I were family. At times it got very stressful being without a job. They helped me when I was confused about the process. Mrs. Theresa Rodriguez stayed in contact with me constantly. Checking on me to see how I was doing and to let me know how things were going on there end. The Attorneys that handled my case know exactly what they are doing to take good care of me. Thank You so much Attorney's Mr.Michael Gomez and Mr.Trey Smith.
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