Protecting Pedestrians: Safety Tips and Legal Rights During Pedestrian Safety Month

Going for a walk is often talked about as one of the best ways to stay healthy, get natural vitamin D from the sun, and enjoy quality time with your pets. Yet, walking can also be dangerous. October is Pedestrian Safety Month, and it is the ideal time to consider what you can do to protect yourself while also understanding your legal rights if something happens.

Pedestrian rights and safety are a priority all year, not just in October. Yet, the key is to know where the difference lies in preventing pedestrian accidents and knowing your legal rights as a pedestrian. Take a closer look and, if you are hurt, contact our pedestrian accident lawyer in El Paso, Texas, and Las Cruces, NM.

Why October Matters

During Pedestrian Safety Month, it is a good time to talk about the rising concerns of pedestrian accidents in and around your community. We help injured individuals in West Texas and New Mexico, and the number of people hurt in such accidents is simply too high.

It is critical to raise awareness about pedestrian rights and safety. There are several things you should know before you take your next walk.

Pedestrian Accident Statistics

Pedestrian safety is everyone’s responsibility, whether you are walking or driving a car. The National Safety Council reports that 9,076 pedestrians died in traffic-related or non-traffic incidents in 2023. This includes driveway, parking lot, and private property accidents as well as those on traditional roadways. About 7,314 pedestrians died in traffic crashes on public roads. About 83% occur in urban settings, while 76% occur in open road sections rather than intersections.

The most common causes of pedestrian accidents include:

• Distracted driving
• Poor visibility since many happen when it is dark outside
• Speeding
• Failure to yield
• Poor visibility due to weather conditions

Pedestrian crosswalk accidents, as well as those for people walking along the street, are often deadly, but thousands of other people suffer serious injuries and survive with lasting complications.

Pedestrian Rights in Texas and New Mexico

There are numerous rules in place that aim to reduce risks to pedestrians and provide safety measures. Here are several of the most common rules you should know:

• Crosswalks: A driver absolutely has to stop when there is a person in a crosswalk, as long as they can do so. For example, if a person runs out into the crosswalk suddenly while the car has the right of way, and there is not enough time to stop, that can lead to complications from these risks.
• Right-of-way laws: The pedestrian has the right of way in some situations, but not all. For example, pedestrians have the responsibility to look both ways before stepping into traffic to determine if there is ongoing traffic. If a car has a green light, the pedestrian should not enter the intersection.
• Sudden and unexpected: A driver is expected to do all they can to stop or avoid a pedestrian. However, the driver may not be found at fault if there was no warning that the person would enter into their path.

Fault is determined in pedestrian accidents by police who document the scene. They will consider all factors that contributed to the accident, review traffic videos, and utilize witness statements to help piece together what occurred. If you were hurt, you may have the right to pedestrian accident compensation.

Common Pedestrian Injuries

There is an incredible amount of force hitting an unprotected body when a car strikes a pedestrian. Some of the most common pedestrian injuries include:

• Head trauma
• Broken bones
• Spinal injuries resulting in paralysis
• Internal bleeding

Additionally, many people suffer long-term impacts on their health and well-being as a result of these injuries. It can impact your ability to work and do the things you enjoy.

How to Prevent Pedestrian Accidents

Prevention is always better than dealing with the consequences. There are several things you can do as a driver to protect others:

• Slow down. That is especially true in school zones, as children can be unpredictable.
• Avoid distractions. That includes using your phone.
• Yield to pedestrians as a rule.
• If you are a pedestrian, there are several things you can do to remain safe:
• Use crosswalks to cross the street always.
• Wear reflective clothing if you are walking at night.
• Avoid using phones when crossing.

These steps may help reduce the risk of serious injury. It could save a life.

What to Do After a Pedestrian Accident in El Paso

After a pedestrian accident occurs, call 911 to get medical care immediately. Do not leave the scene of the accident until police and medical teams arrive to provide care.

This is also a good time to document the scene, including taking photos of the area, gathering witness names, and getting all driver details. You need this information later.

This is also when it is critical to contact a Las Cruces pedestrian accident attorney. Let us help you immediately.

FAQs About Pedestrian Accidents in New Mexico and Texas

What is the most common cause of a pedestrian accident?

Left-hand turns are the most common cause, as drivers often fail to see pedestrians in the crosswalk.

What factors contribute to increasing pedestrian accidents?

Crossings without good visibility and clearly marked crosswalks are one area of concern. However, excessive vehicle speed and distracted driving are very common reasons these accidents happen as well.

Who is at fault when a pedestrian is struck outside of a crosswalk?

This depends on numerous factors. Generally, the driver is responsible if they had time and should have seen the person in the roadway. However, there are exceptions to this.

Turn to Our El Paso Pedestrian Accident Lawyers at Flores Mendez Law for Legal Help

At Flores Mendez Law, we help clients pursue comprehensive pedestrian injury claims. During Pedestrian Safety Month, it helps to brush up on your rights. Turn to our El Paso pedestrian accident lawyers for immediate help. We have offices in El Paso, TX, and Las Cruces, NM. Call 800-381-9999 or contact us online for a free consultation.