Pedestrian Accident

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:

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.

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:

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.

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:

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.

Expert witnesses play a critical role in pedestrian accident lawsuits by offering objective, professional insight that supports your claim. Accident reconstruction experts may recreate the scene to show how the driver’s actions led to the collision. Medical professionals can testify about the extent and long-term effects of your injuries. Economists or vocational experts are often brought in to quantify lost earning capacity or diminished quality of life. In more severe cases, psychologists may be used to demonstrate emotional trauma or PTSD resulting from the event. These expert perspectives strengthen your legal position by providing detailed, science-based assessments that a jury or insurance adjuster can understand and trust.

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.

Understanding how Texas traffic laws affect pedestrian safety is essential for building a strong injury claim. Pedestrians have the right of way in marked crosswalks and at intersections when traffic signals indicate it is safe to cross. However, they are also expected to follow the law, such as obeying “Don’t Walk” signals and not crossing between intersections (jaywalking). A violation of these rules can shift some fault to the pedestrian under Texas’s comparative fault law. An El Paso pedestrian accident lawyer can evaluate whether a driver violated the law by failing to yield or speeding through a crosswalk and whether that violation directly caused the crash. Proper interpretation of traffic statutes and right-of-way rules can be a key element in proving driver negligence and securing compensation.

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.

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.

Pedestrian accidents involving children or elderly individuals can present unique legal and medical challenges. Children, due to their smaller size and impulsive behavior, are often struck in residential areas or near schools. Their developing bodies are more susceptible to long-term physical trauma, and psychological effects such as PTSD can be more pronounced. On the other hand, elderly pedestrians are at a significantly higher risk of fatal or life-altering injuries, especially when it comes to fractured hips, head trauma, or spinal injuries. Their recovery periods are generally longer, and preexisting conditions can further complicate treatment. A skilled pedestrian accident attorney in El Paso will know how to approach each case type with sensitivity and strategy, whether dealing with the emotional weight of a child’s injury or the compounding medical needs of an elderly adult.

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:

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

A hit-and-run pedestrian accident can be one of the most frustrating and frightening types of crashes. When a driver flees the scene, victims are often left with severe injuries, no immediate way to identify the responsible party, and uncertainty about who will pay for their medical bills. In these cases, the best course of action is to contact the police immediately and provide every detail possible. Witness statements, security camera footage, and forensic evidence (like paint transfer or vehicle debris) may all help identify the driver. If the at-fault driver remains unidentified, your own uninsured motorist (UM) coverage may be available to help cover medical costs and other damages. A pedestrian accident lawyer experienced in this practice area will know how to navigate both the criminal investigation and the civil claims process, even when the driver cannot be found.

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.

Post-Incident

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.