Pedestrian accidents are on the rise. As the population increases, more vehicles are on the road. Add to that, people are becoming more health conscious. Walking and outdoor activity is being promoted as major remedy to public health epidemics. This means more vehicles and cars are occupying the same space.

Accidents between pedestrians and cars are devastating. The car always wins. When pedestrians are struck by a vehicle, the results are be life threatening, and life altering. If the accident was the not the fault of the pedestrian, the injured party or their family is allowed to file a personal injury lawsuit against the person who caused the accident. This lawsuit is meant to allow the injured person to recover money needed for medical bills, missed work, rehabilitation, pain and suffering, and additional damages in the case of a fatality.

To be sure, walking and exercising outside is fantastic for you. Some of the benefits of walking include:

• ● Health: The Centers for Disease Control and Prevention notes that “walking is a great way to get the physical activity needed to obtain health benefits.”  Along with the important benefit of social engagement, walking can reduce the risk of obesity, heart disease, diabetes, and stroke.
• ● Transportation: The 2009 National Household Travel Survey found that 28 percent of trips are less than one mile in length, and 40 percent are less than two miles in length, representing 15- 30 minute walks. Moving from a vehicle to the sidewalk can help reduce congestion.
• ● Economic: AAA estimated in 2016 that the cost of operating a car for one year is approximately $8,558,4 while walking is free.
• ● Environmental: According to the U.S. Environmental Protection Agency, motor vehicles are responsible for more than one-half of nitrogen oxide and toxic air pollutant emissions, and one-half of smog-forming volatile organic compounds.  Walking, on the other hand, does not negatively impact the environment.
• ● Transit: Walking is intrinsically linked with public transit, which provides a vital alternative to travel by private automobile. Many transit users do not drive cars, including children, older adults, people with disabilities, and the economically disadvantaged. Safe access to transit, including appropriate design and placement of bus stops, is important.

But with this activity comes a risk. The number of pedestrian fatalities in the United States (U.S.) increased 25 percent from 2010 to 2015, while at the same time, total traffic deaths increased by about six (6) percent. Pedestrians now account for the largest proportion of traffic fatalities recorded in the past 25 years. The Governor’s Highway Safety Association estimates the number of pedestrians killed in 2016 increased by 11 percent compared with 2015. This was the largest annual increase in both the number and percentage of pedestrian fatalities in the 40 years that national records have been kept, with the second largest increase occurring in 2015. In addition, pedestrian deaths as a percent of total motor vehicle crash deaths have increased steadily, from 11 percent in 2006 to 15 percent in 2015.

Four states (California, Florida, Texas, and New York) accounted for 42 percent of all pedestrian death.

The Texas Transportation Code explains who has the right of way cross walks and various other areas when crossing roads or using sidewalks. Basically, pedestrians have the right of way at crosswalks with lights when the light says “Walk”, or when there is no light at the intersection. However, Sec. 552.008 is entitled  “DRIVERS TO EXERCISE DUE CARE” and states: “Notwithstanding another provision of this chapter, the operator of a vehicle shall:(1)  exercise due care to avoid colliding with a pedestrian on a roadway;(2)  give warning by sounding the horn when necessary;  and (3)  exercise proper precaution on observing a child or an obviously confused or incapacitated person on a roadway.” This imposes a general duty on drivers to exercise diligence in driving and avoid accidents with pedestrians.

However, despite the car driver’s duty to be careful,  pedestrians have their own set of obligations. Pedestrians must yield the right of way to vehicles any time they are attempting to cross anywhere other than a marked crosswalk or unmarked crosswalk located at an intersection