Pedestrian Accident

El Paso Pedestrian Accident Lawyer

The roads in El Paso are unfortunately not very pedestrian-friendly. Tragically, this part of Texas sees many pedestrian deaths every year, and most of these are preventable. The majority of these accidents occur because drivers simply don’t watch for pedestrians and fail to respect their rights.

Victims of pedestrian accidents can face excruciating injuries and expensive medical bills. They are often unable to work and enjoy the life they had before. Families who lose loved ones in these types of accidents also suffer extreme losses.

At the Law Offices of Michael J. Gopin, PLLC, we understand the life-changing results such accidents can have. Our experienced El Paso pedestrian accident attorney can help. Our skilled legal team can demand maximum compensation for your losses through a personal injury claim or wrongful death lawsuit. Contact us now to learn more in a free consultation.

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Michael J. Gopin
Legally reviewed by Michael J. Gopin

Michael J. Gopin has practiced law in El Paso since 1987. Even after more than 30 years, he still remembers his first jury case. It was two weeks after receiving his license, when he represented a person whose life had been forever changed after being blinded in a work-related incident...

How Our Pedestrian Accident Lawyers in El Paso Can Help You

After a pedestrian accident, you are likely suffering from very serious injuries. While recovering, your focus should be on your health, not on figuring out how to gather evidence and file a personal injury claim. Our pedestrian accident attorney will take this burden off you and handle everything related to your claim. This includes:

  • Gathering evidence
  • Identifying all possible liable parties
  • Accurately evaluating your claim
  • Building a strong case to prove liability
  • Refuting claims of fault from the other side
  • Managing all communications with the insurance company
  • Aggressively negotiating for a full and fair settlement
  • Taking your case to trial, if necessary

The at-fault driver and the insurance company are not on your side after a crash. They do not want to help or provide the compensation you need to make a full recovery. Our seasoned Texas pedestrian accident attorneys will fight to hold them accountable for making things right. You can count on us to work as your ally throughout the entire process.

Compensation You Can Recover After a Pedestrian Accident

No one can determine how much your claim is worth until they have fully analyzed the facts of your case. However, most pedestrians hurt in a crash caused by someone else can file a claim for compensation, known as damages. The amount of damages you seek will depend on the nature and severity of your injuries, but there are some that are more common than others. These include:

  • Medical expenses, including hospital stays, surgeries, doctor visits, prescription costs, rehabilitation, transportation to and from doctor’s appointments, etc.
  • Lost income
  • Loss of earning capacity, if you cannot return to the same line of work after your recovery
  • Pain and suffering
  • Emotional distress
  • Loss of household services, such as caring for children
  • Loss of consortium

If you have lost a loved one in a pedestrian accident, a wrongful death claim can also help your family recover some of your losses. Funeral and burial expenses, loss of income the family was dependent on, and medical bills incurred before the passing of your loved one are all common types of damages in these claims.

How Fault Is Determined After a Pedestrian Accident

There are two types of evidence needed to prove your pedestrian accident claim. The first is evidence that proves the other party was to blame for the crash, and the second is evidence that proves the full extent of your damage. Together, the evidence an attorney will collect includes:

  • Police reports
  • Eyewitness statements
  • Your statement
  • Physical evidence at the scene
  • Medical records
  • Pay stubs from before your injury
  • Expert testimony

Depending on the facts of the case, our dedicated attorneys may collect much more evidence than what’s listed above. If, for example, there were businesses around that have a video surveillance system, your lawyer will work to track down footage to show exactly how the accident occurred.

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Can a Pedestrian Be at Fault for an Accident?

Although drivers are typically at fault in accidents involving pedestrians, Texas has pedestrian laws you must follow when on foot. If you violate these laws, such as darting out into the street in front of cars when there is no crosswalk present, you can be held liable for injuries and property damage, as well.

Texas is a comparative fault state. That means that if you are found to be partly to blame for the accident, a judge will assign you a percentage of fault. As long as you are found to be less than 51 percent at fault for the crash, you can still recover compensation. However, any compensation you are awarded will be reduced by the same percentage of fault you were assigned.

Statute of Limitations on Pedestrian Accident Lawsuits

Texas, like all other states, has a statute of limitations on pedestrian accident claims. This is the amount of time you have to file your claim. In Texas, that time limit is two years from the date of your accident. There are some exceptions to this, but in most cases, if you do not file your claim within this time, the courts will throw out your case, barring you from receiving any compensation at all.

The statute of limitations is one reason why it’s so important to speak to an attorney as soon as possible after your accident. Before filing your claim, your attorney will have to conduct an investigation, gather evidence, and build a solid case for you. All of this takes time, but the clock starts running as soon as you are hit by a car.

What Injuries Can You Get from Getting Hit by a Car?

Unfortunately, because your entire body is exposed when you get hit by a car, there are a number of injuries you could sustain. The most common of these include:

Many of these injuries require long recovery times, and in the worst of cases, victims never make a full recovery. While enduring the pain from these injuries, you shouldn’t have to also pay for the costs associated with them. This is why you need an attorney to aggressively pursue a claim for compensation.

In need of legal help?

We can help! Call the attorneys you know.

Common Causes of Pedestrian Accidents

The most common cause of pedestrian accidents is negligent drivers. However, negligence can take many forms. The most common of types of driver negligence include:

  • Drivers not paying attention to unmarked crosswalks
  • Left-hand turns, when drivers look straight ahead for oncoming traffic, but don’t check the crosswalk they’re turning into
  • Distracted driving
  • Drunk driving
  • Speeding
  • Drivers who don’t pay full attention when they are backing out of a parking spot

When any of these actions cause an accident, injured pedestrians need to learn about their legal right to compensation.

What Do You Do When You Get Hit by a Car?

Assess Injuries For Treatment

The most important thing to do is to seek medical attention. At this time, your health is the most important priority, and you should receive a full examination so any necessary treatment can begin right away.

After receiving medical attention, it’s just as important to follow all of your doctor’s orders and continue receiving treatment, if necessary. If you don’t, the insurance company is going to argue that you didn’t try to mitigate your injuries, and so, they shouldn’t be held completely liable.

At The Scene

While still at the scene, you should try to collect as much evidence as you can. For pedestrians, this evidence is typically in the form of pictures. Take photos of the car, your injuries, and anything relevant to the accident, such as a crosswalk. You may also ask someone else at the scene to take these photos for you.

You also need to collect the driver’s name, contact information, and insurance information. Jot down the driver’s license number and license plate number, if possible. If there are witnesses nearby, ask for their names and contact information and for a brief statement.


Shortly after your crash, the driver’s insurance company is likely to contact you. Do not speak with them, and certainly do not provide a recorded statement or sign a medical release form. Both of these will be held against you later in the case and will reduce the overall amount of compensation you receive.

Instead, call our pedestrian accident attorney in El Paso right away. When the driver’s insurance company contacts you, tell them that you are not willing to speak with them directly, but that they can contact your attorney.

From the time you are hit by the vehicle and throughout your recovery, document your injuries and your progress. Keep a journal that states what injuries you are suffering from, what type of treatment you are receiving, and how your recovery is progressing. Also include how the injuries are impacting your life, such as if you are unable to work because of them, or if you can no longer enjoy the activities you once did.

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Mr. Marshall had a premises liability accident in an El Paso restaurant where he took a pretty hard hit to his shoulder. Thanks to the Law Offices of Michael J. Gopin, he was able to get in a timely matter a settlement that was beyond his expectations!

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Related Practice Areas We Handle

Accidents can happen in a number of different ways. If you or a loved one has been hurt in an accident that was not your fault, you should speak to a personal injury lawyer in El Paso, Texas as soon as possible. Contact our law office today to set up a free consultation.

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Talk to an El Paso Pedestrian Accident Attorney Now

If you’ve been hurt as a pedestrian, do not try to deal with the insurance company on your own. Our El Paso pedestrian accident attorney at the Law Offices of Michael J. Gopin, PLLC will work hard to demand the maximum compensation you deserve.

Contact us today to schedule your free consultation so we can get started on your claim.

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