Common causes
Each accident is different. A careful review can show how the injury happened and who may be responsible. Common causes include:
- Failure to yield at a crosswalk
- Unsafe turns at intersections
- Distracted or impaired driving
- Speeding in busy areas
Evidence that may help
Evidence can be lost or changed. Photos, video, records, and witness details should be saved as soon as it is safe to do so.
- Traffic camera and store video
- Vehicle data and phone records
- Scene photos and witness names
- Medical and wage records
Right-of-way rules and vulnerable road users
Liability may depend on the exact traffic-control device, lane markings, crosswalk location, right-of-way rule, and movements of both parties. A pedestrian can be within a marked or unmarked crosswalk. A bicyclist generally has the rights and duties of a vehicle operator, subject to bicycle-specific rules.
Video timing, event-data records, phone use, headlight visibility, and the driver's line of sight can be important. Texas proportionate responsibility still applies, but a claim that the pedestrian or cyclist was visible only briefly should be tested against speed, stopping distance, lighting, and the driver's duty to keep a proper lookout.
Many Texas injury lawsuits must be filed within two years. Some claims have shorter notice rules or different deadlines. A claim against a city or other government body may require fast written notice. It is wise to have the deadline checked early.
What may be recovered?
These crashes may cause brain injuries, broken bones, spinal harm, scars, lost income, pain, or a need for long-term care.