If you or someone you care about has been hurt in a pedestrian accident in Texas, you may be feeling overwhelmed. Understanding your rights and the legal options can be challenging, but you need not to worry as I am here to make this journey easier for you.
Understanding Pedestrian Accidents in Texas
Pedestrian accidents occur when a person on foot is struck by a vehicle. Such accidents can be very hazardous, and can cause serious physical harm and long term trauma.
Common Causes of Pedestrian Accidents
- Distracted driving (texting, calling, etc)
- Speeding in residential areas
- Failing to yield at crosswalks
- Driving under the influence of alcohol or drugs
- Poor visibility (nighttime or adverse weather conditions)
Who Is Most at Risk of Pedestrian Accidents?
Certain groups are more vulnerable to pedestrian accidents, including:
Vulnerable Road Users
- Children and elderly individuals
- Pedestrians walking in high-traffic areas
- Individuals using wheelchairs or mobility devices
High-Risk Areas in Texas
- School zones
- Residential neighborhoods
- Urban areas with heavy traffic
Types of Injuries in Pedestrian Accidents
Pedestrian accidents can cause a wide range of injuries, including:
Traumatic Brain Injuries
- Concussions
- Skull fractures
- Brain hemorrhage
Spinal Cord Injuries
- Paralysis (complete or partial)
- Nerve damage
- Chronic pain
Fractures and Broken Bones
- Arm and leg fractures
- Rib injuries
- Facial fractures
Emotional and Psychological Trauma
- Post-traumatic stress disorder (PTSD)
- Anxiety and depression
- Fear of walking near roads
Texas Pedestrian Accident Laws
To protect pedestrians, Texas has strict laws that determine fault and compensation.
Understanding Fault and Liability
- Texas follows a fault-based system, where the driver who caused the accident is responsible for damages.
- Pedestrians can also be partially at fault.
Comparative Negligence in Texas
- Texas uses a “modified comparative negligence” rule.
- If you are found more than 50% at fault, you cannot recover damages.
Statute of Limitations for Pedestrian Accident Claims
In Texas, you have two years from the accident date to file a claim.
What to Do After a Pedestrian Accident?
Acting quickly after an accident can protect your rights.
Immediate Steps to Take
- Ensure safety by moving to a safe area.
- Call 911 for emergency assistance.
- Exchange contact and insurance information with the driver.
Gathering Evidence
- Take photos of the accident scene.
- Record witness contact information.
- Obtain a copy of the police report.
Reporting the Accident
- Report the accident to local authorities.
- Keep copies of all documents.
Seeking Medical Attention
Your health should always be your top priority.
Importance of Prompt Medical Care
- Immediate care prevents injuries from worsening.
- A medical report helps document your injuries.
Documenting Injuries
- Save all medical records and bills.
- Take photographs of visible injuries.
Why You Need a Personal Injury Lawyer
An experienced lawyer can help you secure fair compensation.
Benefits of Legal Representation
- Expert negotiation with insurance companies.
- Thorough investigation of your case.
- Protection of your legal rights.
How a Lawyer Strengthens Your Case
- Gathering strong evidence
- Communicating with witnesses
- Calculating fair compensation
How Compensation is Calculated in Pedestrian Accident Claims
Understanding the types of compensation you may receive is essential.
Frequently Asked Questions (FAQs)
What Should I Do Immediately After a Pedestrian Accident?
Call 911, seek medical attention, and gather evidence.
Can I Still Claim Compensation If I Was Partially At Fault?
Yes, but your compensation may be reduced based on your percentage of fault.
How Long Do I Have to File a Pedestrian Accident Claim in Texas?
Two years from the date of the accident.
What Types of Compensation Can I Receive?
Economic, non-economic, and punitive damages.
Will I Have to Go to Court for My Claim?
Not always. Many claims are settled out of court.
How Much Does It Cost to Hire a Personal Injury Lawyer?
Most personal injury lawyers work on a contingency fee basis.
Conclusion
A pedestrian accident can be a traumatic experience leaving you in a state of perplexity and overwhelm but you do not have to face it alone; as a dedicated Personal Injury lawyer, I, Abasi Major with my team are here to fight for your rights securing you the compensation you deserve.
The Importance of Immediate Legal Help
Timing is everything after a car crash. Waiting too long can destroy your case.
Preserving Crucial Evidence
Evidence like skid marks, vehicle damage, and surveillance footage can disappear quickly. A personal injury lawyer knows how to act fast to preserve crucial proof.
Statute of Limitations in Texas
You typically have two years from the date of the accident to file a personal injury lawsuit in Texas. Miss this window, and you may lose your right to compensation altogether.
Benefits of Hiring a Personal Injury Lawyer
The advantages of having a legal expert by your side are countless, but let’s highlight the biggest ones.
Expert Negotiation with Insurance Companies
Insurance companies are not on your side. They’ll use every trick in the book to minimize payouts. A personal injury lawyer knows their tactics and can negotiate fiercely to protect your interests.
Accurate Calculation of Damages
You might think about medical bills, but what about future medical care, lost earning potential, pain and suffering, or emotional distress? Lawyers ensure all damages are calculated properly.
Common Tactics Insurance Companies Use
Knowing the enemy is half the battle. Insurance companies often employ shady tactics to save money.
Lowball Settlements
They might offer a quick cash settlement before you even know the extent of your injuries. It might seem tempting, but it’s often just pennies on the dollar compared to what you’re entitled to.
Recorded Statements Trap
They might ask you for a recorded statement, hoping you’ll say something that can be twisted against you later. A lawyer can guide you on how to handle these requests.
How I as a Lawyer Can Maximize Your Compensation?
It’s not just about getting compensation—it’s about getting everything you deserve.
Investigating and Building a Strong Case
I, Abasi Major as an experienced lawyer will gather police reports, interview witnesses, hire accident analyst, and do whatever it takes to build a bulletproof case.
Access to Medical Experts and Specialists
As your lawyer and someone standing firmly by your side, I can connect you with top medical professionals who will properly diagnose and document your injuries — greatly strengthening your claim.
Contingency Fee Basis Explained
One of the biggest worries for accident victims is legal costs.
GOOD NEWS: As your lawyer, I work on a contingency fee basis. Which means you don’t pay unless we win your case.
Choosing the Right Personal Injury Lawyer in Texas
Not all lawyers are created equal. Finding the right one can make or break your case.
Key Qualities to Look For
- Experience with Car Accident Cases
- Positive Client Reviews
- Contingency Fee Agreement
- Personalized Attention
-
Trial Experience in case your case goes to court
FAQs
What does a personal injury lawyer do after a car accident?
A personal injury lawyer investigates your accident, gathers evidence, negotiates with insurance companies, and, if necessary, takes your case to court to ensure you get fair compensation.
How much does it cost to hire a personal injury lawyer in Texas?
Most personal injury lawyers charge on a contingency basis, meaning you pay nothing upfront and only a percentage of the settlement if you win.
Can I handle a car accident claim on my own?
You can, but it’s risky. Insurance companies have teams of lawyers. Without professional help, you might settle for much less than you deserve.
How long do I have to file a claim after a car accident in Texas?
You generally have two years from the date of the accident to file a personal injury claim.
What damages can I claim after a car accident?
You can claim medical expenses, lost wages, property damage, pain and suffering, loss of consortium, and sometimes punitive damages.
How do I choose the best personal injury lawyer for my case?
Look for experience, client testimonials, a strong track record, and a lawyer who communicates clearly and promptly
Conclusion: Why Taking Action Now Matters
If you’ve been in a car accident in Texas, time is of the essence. You need a personal injury lawyer if you suffered a car accident in Texas USA because your financial recovery, emotional healing, and future stability depend on it. With a skilled advocate by your side, you can face the challenges ahead with confidence.
Don’t gamble with your future. Seek legal help today and protect what matters most.
