Crossing the street can be dangerous, even if you look both ways. According to the National Safety Council, 5,900 pedestrians died in 1998, and in 30 percent of those cases, the victims were crossing the street. Many thousands more were seriously injured.

Determining who is negligent in pedestrian cases can be tricky. Many factors must be taken into account: Were you paying attention to traffic when you crossed?Tex. Transp. Code § 552.001. Were you jaywalking or crossing in a designated crosswalk? Tex. Transp. Code § 552.005. Did the car run a red light? If possible, you should try to get witnesses who can verify your account of the accident.

In general, pedestrians have the right of way, unless they cross the street in non-designated areas or against crossing signals. Tex. Transp. Code § 552.005. If a child is the one who ran out into the street, and if there is a school or playground nearby, the driver may have been aware that children were in the area. This can be used to show the driver wasn't taking proper precautions to avoid an accident. In addition, it may be possible to show that the child wasn’t properly supervised or that adequate crossing assistance was not provided.

A third party can also be responsible in pedestrian accidents. If a crossing signal or traffic light malfunctioned, it may be possible to hold the municipality responsible for failing to adequately maintain or repair the light.

Pedestrian Injury Data

• In 1998 in the United States, 5,220 pedestrians died from traffic-related injuries and another 69,000 pedestrians sustained non-fatal injuries.
• Pedestrian fatalities are the second-leading cause of motor vehicle-related deaths, following occupant fatalities. Pedestrian-related fatalities account for about 13% of all motor vehicle-related deaths.
• On average, one pedestrian in the United States is killed in a traffic crash every 101 minutes.
• Hit-and-run pedestrian crashes account for one out of every six pedestrian The situation is improving. Pedestrian deaths, expressed as a rate per 100,000 people, has decreased 43% from 1975 to 1998. Factors contributing to this decrease may include more and better sidewalks, pedestrian paths, playgrounds away from streets, one-way traffic flow, and restricted on-street parking. Some of the reduction is likely due to the decreasing amount of time Americans spend walking.
• Alcohol is a major factor in adult pedestrian deaths. In 1998, about one-third of pedestrians 16 years of age or older who were killed by a motor vehicle were legally intoxicated with blood alcohol concentrations (BAC) of 0.10 % or more.1 Looking only at nighttime crashes, the percentage of pedestrians who were legally intoxicated jumps to 52%.
• In 46% of traffic crashes that resulted in a pedestrian fatality during 1998, either the driver or the pedestrian had a measurable blood alcohol level.
• Children are at risk for pedestrian injuries and fatalities. In 1998, children 15 years and younger represented 23% of the total population and accounted for 30% of all nonfatal pedestrian injuries, 11% of all pedestrian fatalities, and 18% of non-traffic related fatalities (this includes incidents in drive-ways and other non-public roads). Among children between the ages of 5 and 9 who were killed in traffic crashes, 25% were pedestrians.
• In 1998, adults 70 years and older comprised 9% of the population and accounted for 18% of all pedestrian fatalities. The death rate for this group, 4.57 per 100,000 people, is the highest of any age group.
• In 1998, the pedestrian fatality rate for males was more than twice that for females. Non-fatal injury rates for male pedestrians were also higher; the pedestrian injury rate, per 100,000 people, was 31 for males and 21 for females.
• In 1997, the pedestrian fatality rate for blacks was nearly twice that for whites; for American Indian and Native Alaskan populations, the fatality rate was close to three times the rate for whites. Researchers believe that these rate differences are due, in part, to differences in walking patterns. The Nationwide Personal Transportation Survey in 1995 found that blacks walk 82% more than whites. Environmental and socioeconomic factors are also likely contributors to these rate differences.
• In 1998, more pedestrian fatalities occurred on Fridays and Saturdays than on any other day of the week.
• In 1998, 46% of pedestrian deaths occurred between 6:00 pm and midnight. Among children under 16 years old, 44% of the pedestrian fatalities in 1998 occurred between 4:00 and 8:00 pm.
• In 1998, 69% of pedestrian deaths occurred in urban areas. Case fatality rates, however, are higher in rural areas -- for nearly all age groups. Researchers have suggested that these higher fatality rates may be due to higher driving speeds (greater impact during a crash), and less immediate access to emergency medical care.
• In 1998, 38% of pedestrian deaths among people 65 years and older and 14% of pedestrian deaths among children 4 years old and younger took place at an intersection