After you have read a bit about your pedestrian accident, please do not hesitate to give Chavez Law Firm a call to set up a free consultation to go over the details of your case and discuss your legal options.

Download Our Free Personal Injury Guide

Tips for a Successful Pedestrian Accident Case

If you want to have a successful pedestrian accident case, you should know a few things:

You need to collect evidence from the scene of the accident.

To have a successful case, you need to have your evidence in order. Right after your accident, there is a lot of evidence that needs to be collected. Sometimes victims of pedestrian accidents are too injured to remain on the scene and collect evidence. In these situations, someone comes on the scene to do it for them. That might be a friend, family member, or lawyer. There should be photos and videos taken of the scene, witnesses contact information should be gathered, authorities should be called, and insurance information should be collected from the person who hit you.

You need to seek immediate medical attention for your injuries.

Your health is the most important thing. You need to get yourself in front of a medical professional as soon as you can. If you avoid treatment, that means you risk worsening your condition and making recovery even longer for yourself. The liable party’s insurance company also may look at this lack of treatment or a gap before you received treatment as suspicious, and might use it to try to reduce your compensation or eliminate your claim.

You need to avoid talking to the liable party’s insurance company.

When you pursue compensation from the liable party’s insurance company, they will try to protect themselves and reduce your claim. Their goal is to save themselves money. Shortly after the accident, you can expect that they will be reaching out to you to get a recorded statement. You are in no way obligated to give them one. You can have your lawyer take over all communication and protect your right to full and fair compensation.

You need to hire one of our El Paso pedestrian accident lawyers right away.

Your choice in lawyer could make or break your case. You want a trial lawyer who has experience dealing with pedestrian accidents specifically. The sooner you have a lawyer on your case, the better off you will be. A lawyer will help you avoid mistakes, will be able to collect evidence you may not have known existed, and will protect you from the liable party’s insurance company.

How Pedestrian Accident Compensation Works in Texas

When you seek compensation, you are not directly suing the person who hit you. That is a common misconception about pedestrian accidents. You will be bringing a claim against that person’s insurance company. That insurance company will be responsible for your injuries and damages. Damages can include:

  • Your past and future medical bills/expenses
  • Your past and future lost wages/lost earning capacity
  • Your past and future pain and suffering

The firs two damages are easier to calculate because they are based on dollar amounts that can be looked up and added together. Pain and suffering is a non-economic damage that is not so easily calculated because it deals with the quality of life you are left with after your accident. Generally speaking, you will be compensated more if your injuries are more severe.

Once you have a compensation award, your fault in the accident has to be taken into consideration. Texas is a modified comparative negligence state, which means you will be able to receive compensation if you are partially at fault; there will be cases, however, in which someone is barred from receiving compensation due to their role in causing their accident.

The Rules of Modified Comparative Negligence are as follows:

  • If you are 0% at fault for your pedestrian accident, you get full compensation;
  • If you are 1% – 50% at fault for your pedestrian accident, you get reduced compensation;
  • And, if you are more than 50% at fault for your pedestrian accident, you do not get compensation.

With the help of one of our El Paso pedestrian accident lawyers, you can protect your right to full and fair compensation.

Call Our El Paso Pedestrian Accident Lawyers Today

If you have suffered serious injuries in a pedestrian accident, please do not hesitate to call Chavez Law Firm. Our skilled, caring, and dedicated El Paso pedestrian accident lawyers will be your champion, working tirelessly to get full and fair compensation for your injuries and damages. Call today to set up your free, initial consultation.