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Pedestrian Accident Lawyer

Pedestrians are some of the most vulnerable road users. Every 85 minutes in the United States, one pedestrian is killed in a traffic accident, and those who are most likely to die in pedestrian accidents are children and the elderly (source: NHTSA).

Pedestrian accidents are a frequent result of irresponsible behavior, just like other vehicle collisions. When that happens, people can turn to Texas Personal Injury Lawyers for assistance in recovering from their injuries.

We have been providing outstanding legal representation and assisting individuals in recovering when it counts most. Whether a pedestrian accident case is simple or complex, we know how to get justice and the highest compensation possible.

Texas Personal Injury Lawyers provides a free, no-obligation consultation to see how we can help you. Please feel free to call us at (888) 997-2148

What Is The Leading Cause Of Pedestrian Injuries?

  1. Negligence by drivers, pedestrians, and/or others may contribute to pedestrian accidents. The following examines the negligence that regularly endangers and kills pedestrians on the street.

Motorist Negligence

 

Pedestrians are difficult to see by drivers. Pedestrians may be hidden behind obstacles such as trees or buildings, and they might be obscured from view by other vehicles or traffic conditions. In addition to these elements, when drivers:

  • They are impaired

Intoxication, tiredness, and distraction can all be signs of impairment. These impairments allow drivers to miss pedestrians until it is too late.

  • They violate traffic laws

Drivers who are trying to reach particular locations by running red lights, making unusual turns, or otherwise failing to follow the traffic regulations may cause pedestrians accident.

It’s also critical to understand that: With driver negligence and pedestrian incidents, it’s crucial to note that:

  • More than one motorist may be at fault.
  • It’s not always clear right after a pedestrian accident if the driver was at fault or if it was just one of several causes.

A pedestrian accident lawyer at Texas Personal Injury Lawyers can assist you in determining whether driver carelessness was a factor in your mishap, as well as who is accountable.

Pedestrian Negligence

 

Pedestrians may be careless and, as a result, cause injuries. If pedestrians are to blame for the injuries they suffer, they may still be eligible for compensation if another person is responsible for causing the accident. In other words, pedestrians who are at-fault may still be eligible for relief.

It’s also worth noting that fault determinations made by others, such as police and/or insurance companies, aren’t always correct. Accidents can be caused by pedestrians who are incorrectly blamed. That is one of the reasons why working with a lawyer who can assist injured pedestrians in validating or correcting fault findings is so important.

Manufacturer Negligence

 

Pedestrian accidents occasionally occur as a result of vehicle-related circumstances. Vehicle brake failures, tire blowouts, and other car issues can induce drivers to lose control of their vehicles, resulting in collisions with pedestrians. Unattended goods on trucks may fall off or cause rollovers, injuring people in the process.

In these incidents, the defendant’s negligence may be anything from faulty vehicle equipment and/or neglect in maintaining cars. Many manufacturers and businesses could be responsible depending on the vehicles concerned.

Road-Related Negligence

 

On roads, one of the most important elements in keeping pedestrians safe is good road design and traffic features. The following are just a few of the factors that might exacerbate hazardous road situations and lead to pedestrian accidents:

  • No sidewalks or crosswalks
  • Broken or missing traffic signals
  • Poorly situated signs or intersections
  • Poorly setup highway work zones
  • A lack of roadway lighting
  • Blind, sharp turns

Cities, counties, and/or other entities can be held responsible for pedestrian injuries caused by poor road conditions.

Pedestrian Accident Statistics

 

Check out these pedestrian accident statistics (sources: NHTSA and IIHS) to learn how frequently pedestrians are being hurt on the roads.

  • Pedestrians account for about 17% of all fatalities caused by cars.
  • There are about 6,200 pedestrian accidents in the United States each year.
  • Fatal pedestrian accidents have increased by roughly 3% over the last 20 years.
  • Males account for around 70% of pedestrians killed in traffic accidents.
  • A hit-and-run accident occurs in about a fourth of all pedestrian accidents.
  • When pedestrians are harmed in accidents at night, it’s much more likely that alcohol was a factor.
  • Between 6 p.m. and midnight on Fridays and Saturdays, pedestrians are the most likely victims of accident.

Not only are the statistics devastating, but they don’t reveal the suffering and trauma that a single pedestrian accident may inflict. Filing a pedestrian accident lawsuit and obtaining negligent parties held responsible can be useful in obtaining justice.

5 Easy Steps To Take After A Pedestrian Accident

 

If you or a loved one is ever in a vehicle accident, here are some things to keep in mind:

  1. Call 911: If anyone is injured or if any debris is impeding traffic, you’ll want the police on the scene as soon as possible. You’ll also want to contact 911 if anyone involved in the accident is intoxicated or if anybody abandons their car at the site of the collision.
  2. Immediately contact a Doctor: Don’t overlook your injuries as a result of a vehicle accident. With legal counsel and medical care, earlier intervention has resulted in better outcomes in the past. Getting medical attention right away can also guarantee that you receive documentation for the damage and injuries you received in the collision.
  3. Collect evidence of your case: Obtain the names, addresses, and contact information of any other parties involved in the collision, as well as any available witnesses. While doing this, take photographs and videos of the accident scene, visible injuries, people at the scene, and any vehicle damage.
  4. Be cautious about what you say: Never admit fault, apologize, or guess about the facts. Only talk about the facts you’re completely sure about if you discuss what occurred. This goes for police, other parties at the scene, and insurance companies when you speak with them.
  5. Consult a lawyer: Texas Personal Injury Lawyers can assist you in developing your legal strategy for compensation.

Call us today at (888) 997-2148

Is My Case A Pedestrian Accident?

 

If you’re seeking a definitive “Yes” or “No” on a pedestrian accident case, it’s time to consult an attorney.

That’s because there are a number of unique circumstances to consider in order to determine if you have a pedestrian accident lawsuit. These include:

  • The statute of limitations
  • Which parties are at fault for the accident
  • The available evidence (in hand or obtainable)
  • The injuries and losses caused by the pedestrian accident

If you talk about these concerns with a pedestrian accident lawyer, he or she will be able to tell if you have a case and what the next actions are.

Do I Need a Pedestrian Accident Lawyer?

 

Yes, you will require legal counsel IF:

  • You believe or are aware that you have a pedestrian accident.
  • You’ve decided to learn more about your rights and responsibilities in the event of a pedestrian accident.

The fact is that having a pedestrian accident claim does not guarantee that you will be compensated quickly.

The process can be complex and, at times, adversarial. Without an experienced pedestrian accident lawyer, it’s far more likely that:

  • Litigation deadlines are not met.
  • Information that might assist with a claim can be lost permanently.
  • The injured may be blamed for their own injuries or the accident itself.
  • Victims can miss out on portions of the compensation they may be entitled to.

An accident lawyer can prevent this by creating stronger, more compelling cases for the harmed. A pedestrian accident attorney may make a significant impact on a claim’s success and any compensation obtained through investigations, discovery, dealing with insurance companies, and other methods.

We have a lot of expertise in handling complicated pedestrian accident cases at Texas Personal Injury Lawyers. Allow us to explain how we can assist you during a free, no-obligation consultation.

Call us at (888) 997-2148 now for you free consultation.

We take cases on a contingency fee basis and there are no costs unless we win, and the consultation is completely FREE. Contact us to learn what Texas Personal Injury Lawyers can accomplish for you.

What Type Of Compensation Am I Entitled To In A Pedestrian Accident?

Motor vehicles are responsible for sharing the road with pedestrians and cyclists, who must be treated with care. Not every motorist, however, recognizes this critical responsibility. Pedestrians’ lives are put in danger by various types of negligent driving, including reading or texting behind the wheel, failure to follow traffic signals, and other forms of careless driving. You or a loved one may be interested in exploring your legal options if you or someone you care about was involved in a pedestrian accident. A personal injury claim might be one approach to obtain compensation for the injuries caused by the accident.

Pedestrian Accidents May Result In Catastrophic Injuries

 

When a vehicle collides with a pedestrian, the consequences can be severe. Even if the collision occurs at a slow speed, the force of the car striking the pedestrian might result in fractured bones, spine injuries, traumatic brain injuries (TBIs), internal organ damage, and more. Sometimes, the injuries caused by a vehicle accident are severe enough that doctors are compelled to remove one of the victim’s limbs. Many pedestrians involved in accidents suffer from paralysis or other impairments for the rest of their lives.

Types of Damages You May Recover

 

After a vehicle accident, insurance adjusters frequently underestimate the extent of the victim’s losses and fail to take into account the impact of the victim’s injuries on his or her life. Your injuries might keep you from working for weeks, months, or even years after your accident. You may be unable to carry out basic household tasks such as cleaning or caring for your children. You may be eligible to compensation for both economic and non-economic costs associated with your injuries if you pursue a personal injury claim. You might be entitled to money for the following:

  • Medical expenses including emergency room treatment, hospital care, diagnostic testing, surgery, and your continuing medical needs such as physical therapy, mental health counseling, and prescription drugs are all covered.
  • Loss of income due to missed work
  • Lost employment benefits
  • Reduced earning potential caused by your disability
  • Home modifications necessary to accommodate your disability
  • Physical pain and suffering
  • Mental anguish

In addition to economic damages, car accident victims are eligible for punitive damages. Punitive damages, unlike the compensatory ones mentioned above, do not compensate the victim for his or her expenditures. Punitive damages are intended to punish the defendant for actions that were intentionally harmful or extremely careless. In frequent pedestrian incidents, punitive compensation is frequently accessible in the form of hit-and-run or DUI accidents.

Pedestrian Injury Lawsuit Trials

 

The United States has more than 90 percent of the world’s jury trials. In general, attorneys pursue jury trials if the victim suffered a severe harm, such as a spinal injury, and the other driver was solely to blame for the accident.

Many sufferers wait many months, if not years, for a jury trial date in the wake of a coronavirus infection. Hundreds of individuals would congregate in large rooms prior to jury assignments being made. The procedure was already excessively sluggish even then. The days of the rich getting away with a lot are probably over, which means justice will move more slowly.

The trial date for a bench is generally sooner. The judge acts as both legal and factfinder in this process. Judges are people, to be sure, but they are less likely to be moved by emotional pleas. As a result, the victim/plaintiff’s case must be unassailable on a legal basis..

Attorneys frequently present their arguments to mock juries or focus groups and listen to the feedback in order to choose which forum is best.

Pedestrian Injury Lawsuit Settlements

 

Mediation is the most common type of alternative dispute resolution. The majority of judges will generally direct any case to mediation.

Mediation is about 90 percent successful if both parties negotiate in good faith. Most often, “good faith” implies that both sides are committed to resolving the dispute and are willing to compromise to make it happen.

Arbitration, mini-trials, and ADR are examples of alternative dispute resolution. A mini-trial is a jury trial that has been drastically reduced in length. Juries decide issues after listening to opening statements from the attorneys. Arbitration is simply a bench hearing conducted privately.

There are several ways pedestrian victims can obtain fair compensation for their serious injuries. 

For a free consultation. please contact Texas Personal Injury Lawyers.

To Demonstrate Negligence, It's Better To Hire A Pedestrian Accident Lawyer

Proving negligence is difficult. If you are a pedestrian who has been hit by a car, you must create a strong case. To prove negligence, you’ll need to provide comprehensive documentation and proof of all damages incurred as part of your claim. This documentation might assist you in proving the driver failed to fulfill their duty of care and support the value of your claim. When you’re recovering from your injuries, consider hiring a pedestrian accident lawyer.

A solid attorney-client relationship might help you streamline the claims procedure by taking some of the strain off your shoulders. In addition, your attorney may gather the documents you’ll need to back up your case, allowing you to focus on improving.

The police accident report, witness statements, and medical records are all required elements in a pedestrian accident case.

Police Report


If the police were called to the accident scene, an official police accident report should be on file. A police report includes the time of the accident, as well as weather and road conditions; a basic drawing of the collision area; the responding officer’s opinion of guilt; and any collected witness testimonies. The report also includes any citations the motorist received, such as speeding or drunk driving. This data has a lot of weight with the insurance company since it is a genuine, unbiased account of what occurred.

Witness Statements


Witnesses’ testimonies, whether they come from police records or your personal investigation at the scene of the accident, are extremely useful evidence. Witness statements are used to build a foundation for the accident’s progression during the investigation phase of your accident claim. A pedestrian accident lawyer may also utilize expert witnesses to assist with proving your case.

Medical Records And Bills


Medical records can be used as important evidence in a car accident case. Most importantly, if you were taken to an emergency room, such papers are vital evidence. These papers link your medical expenses directly to your pedestrian accident. Copies of your medical bills, such as an ambulance ride, surgery, or drugs, may demonstrate the nature and cost of your injuries. The total cost of your medical expenses will be taken into account when determining your settlement worth, so these papers must be accurate.

Lost Wages


Being seriously injured in a pedestrian accident may result in you being unable to work for an extended period of time. Your personal injury lawyer can send your employer a written statement outlining the time you were unable to work as well as paid leave and vacation days that you had to use during your recuperation. Lost overtime pay, tips, and gratuities may be included in lost wages.

What Are The Types Of Damages In A Pedestrian Injury Claim?


It’s critical to understand the sorts of damages that can be included in a personal injury claim before diving into the pedestrian hit by vehicle compensation amounts. In most personal injury claims, there are two kinds of damage: special and general.

What Are Special Damages?


In personal injury claim, special damages are also known as “economic damages.” These sorts of losses may be valued to the penny. The use of bills, statements, or receipts is typical in the pricing of significant expenses.

The following are examples of special damages in a pedestrian accident claim:

  • Medical bills
  • Future medical treatment, including home care
  • Lost wages
  • Lost earning capacity

What Are General Damages?


General damages, unlike special damages, are impossible to calculate precisely. Because they lack a price tag, these sorts of injuries are known as “non-economic.” Instead, insurance carriers utilize a sliding scale to determine the value of these types of losses.

The following are some examples of overall damages in a pedestrian accident claim:

  • Long-term disability or paralysis
  • Loss of enjoyment of life
  • Pain and suffering
  • Emotional trauma
  • Disfigurement

Additionally, a motorist may be held accountable for financial penalties in gross negligence court cases as part of the total compensation.

What Is The Typical Compensation For A Pedestrian Killed In A Vehicle Collision?


The average payout to a motorist who strikes a pedestrian is highly variable. Settlement amounts are determined by a variety of criteria, including the extent of the injuries and whether or not the pedestrian was deemed to be at fault.The amount of compensation paid out to a person who has been hit by a motor vehicle is determined on the severity of his or her injuries. In general, minor injuries like whiplash or a fractured bone might be worth $15,000 to $75,000 in damages. For worst injuries, such as significant spinal cord damage or a traumatic brain injury, compensation can be as much as $500,000 or more.

The amount of money paid out in a settlement is also determined by whether the pedestrian accepts compensation through their insurance policy or via a personal injury lawsuit. In some circumstances, the driver will lack coverage. The pedestrian could have to look into their insurance policy for uninsured driver coverage. In other circumstances, the motorist may or may not have adequate auto insurance to cover all of the costs. In this scenario, the pedestrian’s personal injury lawyer will file a claim against the negligent motorist.

Seek A Free Consultation with A Pedestrian Accident Attorney


You deserve compensation if you’ve been hurt in a pedestrian accident. File a personal injury claim with Texas Personal Injury Lawyers. For your free consultation, contact us now at (888) 997-2148 . Although no amount of money can replace your pre-accident existence, we will ensure that you receive the most appropriate pedestrian accident settlement.

Call us at (888) 997-2148 now for you free consultation.

We take cases on a contingency fee basis and there are no costs unless we win, and the consultation is completely FREE. Contact us to learn what Texas Personal Injury Lawyers can accomplish for you.