Walking in Texas can sometimes be dangerous. In many cities and towns across the state, pedestrians face risks when they cross streets or walk along busy roads. Vehicles moving at high speeds, drivers distracted by their phones, and unclear crosswalks are just a few of the factors that can lead to pedestrian accidents. When these accidents happen, pedestrians can suffer serious injuries. Many times, these injuries are not just physical but emotional and financial as well. If you or someone you know has been hurt in a pedestrian accident, it is essential to know the steps you can take to seek justice. Understanding the laws, knowing your rights, and working with legal professionals can make a big difference in your recovery. At, Chavez Law Firm , we are here to guide you through the legal process and help you navigate the complexities of your case.
Understanding Pedestrian Accidents in Texas
Pedestrian accidents happen when a person walking is struck by a vehicle, such as a car, truck, or motorcycle. In Texas, these accidents are not uncommon, especially in places with heavy traffic. While many drivers do their best to stay alert, mistakes and distractions still happen. Sometimes, accidents occur because of a driver’s negligence, such as speeding, running red lights, or failing to yield to pedestrians in crosswalks. Other times, poorly designed streets and intersections, along with limited sidewalks or lack of pedestrian-friendly signs, can contribute to accidents. No matter the cause, these incidents often result in serious injuries for the person walking.
The injuries pedestrians suffer in these accidents can be life-changing. Some of the most common injuries include broken bones, head trauma, internal injuries, and even permanent disabilities. Recovery from these injuries can be challenging and may require months or years of medical treatment, physical therapy, and time away from work. Some injuries may also cause lasting physical and emotional effects, which impact a person’s quality of life. Because pedestrians are unprotected when they are hit by a vehicle, the force of the impact can be very severe. This is why it is important to understand the legal options available if you or a loved one has been hurt as a pedestrian.
Enrique Chavez
Texas Trial Attorney
Protecting Your Rights
Determining Fault in Pedestrian Accidents
After a pedestrian accident, it is essential to determine who was at fault. In Texas, this means finding out if the driver, the pedestrian, or even the city or road designers were responsible for the accident. Often, drivers are at fault for pedestrian accidents because they are not paying full attention to the road. They may be speeding, using their phones, or not yielding the right of way to pedestrians at crosswalks. In such cases, the driver is usually held responsible for the injuries caused to the pedestrian.
However, there are also situations where the pedestrian might be partly at fault. For example, if a pedestrian crosses the street in an area without a crosswalk or does not follow traffic signals, they may be found partly responsible. Texas follows a rule called “comparative negligence,” which means that if the pedestrian shares some responsibility for the accident, their compensation might be reduced based on the percentage of their fault. For example, if a pedestrian is found to be 20 percent responsible for the accident, any compensation they receive would be reduced by that amount.
In some cases, the design of the road or intersection may have contributed to the accident. Poorly lit streets, unclear crosswalks, and lack of pedestrian signals can make intersections dangerous. If a city or government agency failed to make necessary improvements, they might also be partly responsible for the accident. Understanding who is at fault in a pedestrian accident can be complex, and it often requires careful investigation and legal assistance to ensure that all responsible parties are held accountable.
– Steve Hendrix – Adriana Solis – Luis Amador – Maria Terrazas
The Legal Rights of Injured Pedestrians
In Texas, injured pedestrians have the right to seek compensation for their injuries. This means that if you were hurt in a pedestrian accident, you can take legal action against the person or entity responsible for the accident. The compensation you may be eligible to receive can help cover medical bills, lost wages, pain and suffering, and other costs related to the accident.
One of the most important rights for injured pedestrians is the ability to seek fair compensation. Medical bills after a serious accident can be overwhelming. The costs of hospital stays, surgeries, and rehabilitation can add up quickly. If the injuries are severe, the person may be unable to work for a long time, which leads to lost income. In addition to financial costs, pedestrian accidents often cause physical and emotional suffering. Injured pedestrians have the right to pursue compensation for these losses as well. This compensation aims to help injured individuals get back on their feet and rebuild their lives.
The legal process for seeking compensation after a pedestrian accident can be confusing, especially if you are dealing with injuries at the same time. Working with an attorney can help make this process smoother and ensure that you understand your rights. A legal professional can gather evidence, negotiate with insurance companies, and represent your interests in court if necessary.
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Filing a Claim for Compensation
If you decide to seek compensation after a pedestrian accident, the first step is to file a claim. This claim may be filed with the driver’s insurance company or, in some cases, against the city or road authority responsible for the accident site. The claim process typically involves submitting medical records, proof of lost wages, and other documents that show the impact of the accident on your life. Your attorney can help gather these documents and present a strong case on your behalf.
Insurance companies often try to settle claims quickly and for as little money as possible. They may offer a settlement that does not fully cover your expenses or downplays the severity of your injuries. It is important to carefully consider any settlement offer and consult with an attorney before accepting. An attorney can negotiate on your behalf to help ensure that you receive fair compensation that fully covers your needs.
Sometimes, the case may not settle, and it may be necessary to take legal action in court. Going to court can be intimidating, but it may be the best way to achieve a fair outcome. In a court case, a judge or jury will listen to the evidence presented and decide on the amount of compensation that is fair. While going to court may take time, it is an option that can provide justice and the compensation needed to move forward after a serious accident.
Challenges in Pedestrian Accident Cases
Seeking compensation after a pedestrian accident can come with challenges. The first challenge is proving fault, especially in cases where the pedestrian may be partly responsible. Another challenge is dealing with insurance companies that may try to minimize payouts. Gathering evidence, such as eyewitness statements, traffic camera footage, and police reports, can help build a strong case. However, collecting and organizing this information requires time and knowledge of the legal system.
Additionally, the process of recovery can be emotionally draining. For someone dealing with injuries, medical treatments, and possible financial hardship, navigating the legal process might feel overwhelming. Having a support system, including family, friends, and an attorney, can provide the strength needed to face these challenges and pursue justice.
Why Seeking Legal Help is Important
Pedestrian accident cases can be complex, and having an attorney can make a significant difference in the outcome. An attorney understands the legal process and knows what steps to take to help injured individuals pursue justice. They can handle the paperwork, communicate with insurance companies, and build a strong case to help injured pedestrians receive the compensation they deserve. Attorneys are also familiar with Texas pedestrian laws and can ensure that injured individuals understand their rights.
While hiring an attorney does not guarantee a specific result, it does provide someone who is committed to helping you through the process. By working with an attorney, you can have confidence that someone is on your side, fighting for fair compensation and justice.
If you have been injured in a pedestrian accident, Chavez Law Firm is here to support you. We understand the challenges that injured pedestrians face, from dealing with injuries to managing the financial burden of medical bills and lost wages. Our team is committed to helping you seek the justice you deserve. With our experience in pedestrian accident cases, we are prepared to guide you through the legal process, represent your interests, and pursue the compensation you need to recover fully. Contact Chavez Law Firm today to discuss your case and take the first step toward justice.