Austin Pedestrian Accident Lawyer
Table of Contents
- Pedestrian Injuries and Damages
- Modified Comparative Fault
- Compensating the Victims in Pedestrian Accidents
- Texas Statute of Limitations
- Call Austin Pedestrian Accident Lawyers Today
Austin is a busy place. Many pedestrians and drivers use the same streets and avenues throughout the city. The places where these vehicles and pedestrians intersect are dangerous. Crosswalks and intersections are the places where several pedestrian-vehicle collisions happen every year.
Reckless and inattentive drivers strike innocent pedestrians every day, and these injured pedestrians suffer brain trauma, fractures, and paralysis. A pedestrian may not be able to work for an indefinite period of time, and this will create financial stress for your family.
The Texas Department of Transportation reports that Texas recorded the third-highest total pedestrian traffic fatalities in 2018.
Driver negligence is the leading cause of these pedestrian accidents. Texting and driving is one of the leading causes of pedestrian fatalities. Pedestrian accidents can lead to severe injuries that can affect a person’s life for decades.
If you need legal representation, call The Patel Firm today to make sure that you protect your legal rights and obtain the financial compensation you deserve.
Pedestrian accidents are sometimes unavoidable, but that does not mean that you should be forced to pay for all of your medical expenses by yourself. Also, if the accident was not your fault, then you need to make sure that you hold the responsible party liable in a court of law.
Walking on or near a busy street can be extremely dangerous. Automobile accident victims often suffer serious injuries, but those automobile accident victims who are struck by motorists while walking down the street often suffer extremely severe injuries.
Pedestrians are injured while walking near busy intersections, in residential areas, in crosswalks, and at intersections. Many of these pedestrians are injured in such a violent manner that their lives are forever altered by the actions of one negligent motorist.
These injured pedestrians are not protected by a vehicle, and therefore they often suffer extreme injuries such as head trauma, spinal cord damage, and paralysis. Oftentimes, pedestrians cease living due to their injuries.
Distracted driving is one of the primary causes of pedestrian accidents. The use of a cell phone while driving is one of the main reasons pedestrians are injured by motorists. If a motorist uses her cell phone while driving, then that motorist will not be able to notice pedestrians as well as a driver who avoids using a cell phone while driving.
Also, pedestrians are also more likely to walk into oncoming traffic when they are not paying attention to the motorists around them. Pedestrians absorbed by their cell phones are also unlikely to wait for a signal or pay attention to the signals directing them across busy intersections.
In 2017 the Texas legislature made it illegal to text while driving in Texas.
At The Patel Firm, the pedestrian victim and their family will be compensated based on the motorist’s negligence and the harm suffered by the victim.
A pedestrian accident may be caused by a reckless driver. These drivers disregard all the people around them, and judges may order reckless drivers to pay exemplary damages to punish these drivers.
Many researchers have observed that motorists making left-hand turns are more likely to injure pedestrians than drivers making right-hand turns. Motorists making left-hand turns are more focused on making it through an intersection, and these motorists do not look out for pedestrians crossing the crosswalk.
Failing To Use Crosswalks Safely
Crosswalks provide a safe area for pedestrians to cross busy streets and intersections. These crosswalks contain marked areas and signals to help pedestrians understand when it is safe for them to cross the street. Pedestrians who choose to jaywalk are breaking the law in Texas.
Pedestrians who fail to pay attention to traffic signals and signs put themselves and motorists at risk of serious bodily injury or death.
One of the most prevalent causes of pedestrian injuries related to automobile accidents is operating a motor vehicle while intoxicated. Motorists impaired by alcohol are not as likely to notice pedestrians as those motorists who are sober. Intoxicated pedestrians may also cause automobile accidents by wandering into a busy street or falling over onto a highway.
These pedestrians who walk into traffic will likely be seen to be at fault in a court of law. Drivers who are intoxicated may be responsible for property damage and personal injury arising from their careless driving.
Pedestrians who are injured by negligent motorists are quite often responsible for paying numerous medical bills. Injured pedestrians may also require medical care in the future, and these individuals may see their opportunities regarding daily living diminished.
If you are an injured pedestrian, you should contact an Austin pedestrian accident lawyer today to make sure that you protect your legal rights and obtain the financial compensation that will help you pay for your medical bills and treatment expenses.
Drivers and other users of streets and highways must adhere to traffic laws and use reasonable care while operating vehicles on the road. Unsuspecting pedestrians are extremely vulnerable when motorists fail to abide by these basic traffic laws. A driver who fails to use reasonable care can cause serious injuries to a pedestrian.
Pedestrians are also responsible for exercising reasonable care when walking on or near a street. If a pedestrian suffers injury during an accident after using a crosswalk but not waiting for the right way, a court may rule that the pedestrian was contributorily negligent for his or her injuries.
Pedestrians do have the right of way quite often, but Texas motorists have the right of way when the pedestrian is crossing somewhere other than at an intersection or a marked crosswalk. Texas Transportation Codes states that the driver also has the right-of-way anywhere an overhead pedestrian walking tunnel or foot trial is exclusively available for use by pedestrians.
Pedestrians hold the right-of-way at crosswalks and when there is no traffic control for crossing, or if the pedestrian and driver meet in an alley, building entrance, driveway, or private road simultaneously. Drivers in Texas should behave as an ordinary, reasonable person when yielding to pedestrians.
According to Texas Transportation Codes, drivers must use due care to prevent a collision with a pedestrian. The driver must give warnings if they are necessary and make a sound with their horn. Texas drivers should exercise extreme care when elderly people, children, or those with disabilities across a roadway.
The State of Texas adopted comparative negligence to quantify the degree of fault in pedestrian accident cases. The court will determine the degree to which each party is liable for the accident by assigning a percentage of the fault-based on each party’s contribution to the pedestrian accident.
The court will also use these percentages to reduce the Plaintiff’s financial award so that the reduction is commensurate with the party’s fault percentage. If a Plaintiff is 10 percent at fault for the pedestrian accident, then that Plaintiff may recover only 90 percent of the total damages amount.
An injured pedestrian who is found to be 51 percent or more at fault for the pedestrian accident may not recover any financial award at all. Our attorneys at The Patel Firm can help you establish damages at trial. You do not want to not recover any money because the Defendant asserts that you were 51% or more liable for the pedestrian accident.
It is difficult to place a dollar figure on someone’s life or the value of the injuries they suffered in a pedestrian accident involving an automobile. Texas courts will typically first analyze the nature of the accident and the severity of the injuries suffered by the victim.
In most cases, a victim is able to recover economic and non-economic compensation after a pedestrian accident. Economic damages cover a victim’s measurable losses, such as lost future earnings and medical expenses.
Non-economic damages are more personal and subjective and relate to emotional distress, disfigurement, and pain and suffering. These damages are more psychological and emotional than economic damages.
The State of Texas has a timeline stating how much time a victim has to file a claim in state or federal court. Victims have two years from the date of the injury to file a lawsuit. A Plaintiff may not understand how to calculate the time from the date of the injury. Insurance companies may negotiate in bad faith and hope that the statute of limitations will pass.
The attorneys at The Patel Firm can help you defend your legal rights and obtain the monetary compensation you deserve. If you were injured by a distracted motorist, then you need to make sure that you understand how to file your claim.
An attorney at The Patel Firm can help you organize the facts and the law in a coherent manner for presentation to a judge and jury. Negotiating with insurance companies can be draining, and you need to have adequate legal representation to help you navigate the legal process effectively.
Recovering from a pedestrian accident takes time and energy that you can’t afford to spend dealing with insurance companies and their tactics to reduce the amount of financial compensation they need to pay you. Days, weeks, and months after your Austin pedestrian accident, you need to focus on your health and your recovery.
Being struck by a motorist is a traumatic experience, and you need to understand that you suffer from physical injuries as well as emotional injuries. If you were struck by a motorist near your home or place of work, then this will make it more difficult for you to recover from the memory of your traumatic experience.
Not only do you have to deal with physical suffering and psychological trauma, but you also may have to contend with financial insecurity and job loss. Our team of lawyers at The Patel Firm can help you obtain the financial compensation you need to help you move on with your life and recover from an accident that was due to the reckless conduct of a person operating a motor vehicle.
You should spend your time healing from your injuries and not navigating a complex personal injury claim by yourself. Insurance companies will do anything to stop you from obtaining the financial compensation you deserve. Also, more than one person may be responsible for your injuries, but it will likely be difficult for you to conduct a thorough investigation by yourself.
Any person who was injured with you may try to shift the blame to you, or the party responsible for your injuries may claim that you were distracted, intoxicated, or reckless. These factors make it difficult for you to determine by yourself how much your pedestrian accident case is worth.
You do not need to suffer alone or try to research every statute and case to determine how you can build a personal injury against a large insurance company. As you heal from your injuries, we will be able to conduct an exhaustive case review.
After our case review, we will strategize and implement a plan tailored to the specific facts and circumstances associated with your pedestrian accident lawyer case.
Do not be afraid to stand up for yourself and fight against large insurance companies. Your physical health and mental health are valuable to you, and you should not have to also suffer financially because you were denied a claim or the insurance is trying to wait until the statute of limitations passes, and you lose your right to assert your personal injury claim.
Contact Us Today to Schedule a Free Consultation with a Pedestrian Lawyer in Austin
Call an Austin pedestrian accident lawyer today and let us help you recover the financial compensation you deserve. You have legal rights, and you should not hesitate to defend them in a court of law with adequate legal representation. Our attorneys are standing by to help you whenever you want to discuss the facts of your case and the financial compensation you may be entitled to receive. Call us today at (361) 400-2036 or contact us online to schedule your free case evaluation.