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Pedestrian accidents often occur when individuals are struck by vehicles, leading to severe injuries that can have lasting impacts on their lives. These accidents can result from various factors, including driver negligence, distracted driving, speeding, or failure to yield to pedestrians at crosswalks. The consequences can be devastating, with injuries ranging from fractures and concussions to spinal cord damage and traumatic brain injuries.
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If you or a loved one has been involved in a pedestrian accident, seeking compensation for medical bills and other related expenses is crucial. This compensation can help cover hospital stays, rehabilitation, ongoing medical treatment, and lost wages due to time off work.
To pursue a claim, it’s essential to gather evidence from the accident scene, including photographs, witness statements, and police reports. Consulting with a legal professional who specializes in personal injury cases can provide valuable guidance on navigating the claims process and understanding your rights.
By holding negligent drivers accountable, you not only seek justice for yourself but also contribute to making roads safer for all pedestrians. Working with experienced advocates can help ensure you receive the compensation you deserve for your injuries and suffering.
In some pedestrian accident cases, the pedestrian is partly at fault. This could mean crossing in the middle of the street, weaving into traffic while walking under the influence, or any other careless act. If the pedestrian did anything wrong, the insurance company will likely claim that the driver wasn’t responsible. The truth is that more than one person can be responsible.
Imagine that a pedestrian steps into the street mid-block instead of using the crosswalk. Then, they are hit by a driver who is going 42 mph in a 30 mph zone. Texas law requires a pedestrian to use a crosswalk when available. If there is no crosswalk, they must give the right of way to cars. The pedestrian didn’t follow those traffic safety rules, which is negligent. But, the driver was also negligent. He violated a traffic law by speeding. In other words, both were negligent.
The injured pedestrian may still be able to recover some damages. The amount they receive will be reduced by what percentage of the blame falls on them. For instance, if the jury finds the pedestrian 25% responsible, they will only receive 75% of their damages. If the injured person is more than half responsible, they can’t get any compensation from the driver.
Being hit by a car can cause very serious injuries. So, the very first thing you should do is take stock of how badly hurt you are. Everything else you do right after the accident depends on your injuries. If you’re able, call 911 to report the accident and get medical help.
There are a few things you can do at the scene to protect your claim, but only if it’s safe. If you have any doubt about whether you are well enough to move around, don’t. Wait for the paramedics.
If you are well enough:
Your first priority should be to make sure you get the medical care you need. If you’re not sure how seriously you’ve been hurt, don’t wait and see. Motor vehicles weigh thousands of pounds and your body is no match for that.
Once you get checked out, it’s important to follow the doctor’s instructions. Get any tests they order, go to physical therapy if recommended, take any prescribed medications and make sure you keep your follow-up appointments. Neglecting your care can damage your health and your pedestrian accident claim.
Your very next step should be to talk to an experienced pedestrian accident attorney. You may feel like you already have too much going on, with your medical care and recovery. And, you may know that you have two years to file most personal injury claims in Texas. But, there are good reasons not to wait. For instance:
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Amanda Collins was patient with us as she waited for us to provide the information that she required over the phone. We were still shaken up by the accident and Amanda made us feel calm after being rear ended by a FedEx service vehicle. After gathering our information she clearly explained to us the next steps.
I was involved in an accident and stressed looking for next steps. I spoke with Amanda Collins and she did an amazing job explaining all of my options and providing great insight. Amazing customer service and genuine intentions.
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We founded I Just Got Hit (Godsey Law Firm, P.C.) to help the people in our communities. We carefully built a team of lawyers and legal professionals who share that mission, and work hard every day to provide the best service possible to our clients. If you’ve been hit by a car or lost a loved one in a pedestrian accident, let us put our experience and determination to work for you.
You might think intersections would have the highest rate of pedestrian accidents, but the opposite is true. Most pedestrians who are killed in traffic were walking in urban areas on a stretch of road without an intersection. The vast majority of pedestrian fatalities happen after dark.
Pedestrians who are hit by cars are more likely to be seriously injured or killed if the vehicle is traveling at a higher rate of speed, and if the vehicle is larger and heavier than the typical passenger car, such as an SUV.
There are many steps you can take to improve safety while walking in Texas. A pedestrian should be sure to always obey traffic signals and cross in a crosswalk whenever possible. Avoid distractions, such as looking down at your phone while you’re walking. Never dim your hearing with noise-canceling headphones or loud music, since being able to hear a car approaching is critical.
It’s best to avoid walking on the street at night. If you must, make sure you wear light-colored or reflective clothing and try to stay in lighted areas. If you must walk along the side of the road rather than on a sidewalk, walk facing traffic and stay as far from the traffic lane as possible.
Finally, avoid walking in areas with traffic if you’ve been drinking or are under the influence of other substances. In one study, more than 40% of pedestrians killed in traffic were found to have alcohol in their systems.
If you were hit by a car and injured, you may be wondering whether it’s worthwhile to hire a Texas pedestrian accident lawyer. There are many reasons an experienced injury lawyer can benefit you, including:
Settlements in pedestrian accident cases vary greatly. The amount you may receive in a settlement or jury verdict after being hit by a car will depend on factors like how seriously injured you were, how expensive your medical bills were, how much income you lost, and whether continuing losses are expected.
The value of your claim is also affected by issues like how solid your evidence is and whether you were partly to blame. When you meet with one of our experienced pedestrian accident lawyers, they can assess your case and tell you more about the types of damages you may be entitled to.