Walking should be one of life's simple pleasures. It's a way to commute, exercise, or enjoy your surroundings.
But, in an instant, the negligence of a driver can turn a routine walk into a life-altering tragedy. Accidents involving pedestrians often result in injuries that are not only severe but can leave lasting scars, both physically and emotionally.
If you or a loved one has experienced this painful reality, you know that the financial burden shouldn't fall on your shoulders. The person responsible must be held accountable.
At our Austin law firm, we help people with pedestrian injuries and families with pedestrian fatalities. Our personal injury attorneys have decades of experience in aggressively defending the rights of those whose lives have been disrupted by accidents.
Allow us to fight for the justice you deserve and help you rebuild a future filled with hope and healing. Contact an Austin pedestrian accident attorney to find out how we can help you today.
Austin Injury Lawyers Who Will Aggressively Fight for Pedestrians Who’ve Been Hit by a Car
"Our goal is to help you through the process as quickly and efficiently as possible so you can focus on getting life back on track."
What are Common Pedestrian Accident Injuries in Austin?
Pedestrians are usually the most defenseless and therefore experience the most significant level of injury in an auto accident.
Every day, people are injured on busy streets, in residential areas, in crosswalks, or at intersections. The injury inflicted on these victims often impacts their daily lives from that point forward.
Without the protection of a vehicle, pedestrians who are hit by a car are likely to suffer serious harm such as head trauma, spinal damage, and, in extreme cases, paralysis, or even wrongful death.
In these unfortunate situations, compensation for the victim or their family will be based on the negligence of the driver as well as the harm done to the victim.
In addition to physical injury, pedestrians who are harmed by cars and other vehicles typically incur substantial medical bills, future medical care, lost income, and reduced future earning capacity.
Additionally, many pedestrian accident injuries also cause people to lose their ability to enjoy life like they did before the accident.
It's highly advisable for injured pedestrians to immediately seek legal representation to assist them with their injury case.
When Does Negligence Occur?
Everyone using the roadway in Texas must adhere to traffic laws and exercise reasonable care while navigating the roads. This is essential not only for the safety of drivers but also for pedestrians, who become increasingly vulnerable when motor vehicle operators ignore or fail to abide by established rules of the road. For instance, speeding, running red lights, or distracted driving can all lead to dangerous situations where pedestrians are at risk.
When an individual neglects to exercise reasonable care, resulting in injuries to another person, they can be held legally negligent. This often involves the expertise of a local Austin personal injury lawyer, who can help victims pursue compensation for medical bills, lost wages, and pain and suffering. These lawyers understand the intricacies of Texas law and can navigate the complexities of personal injury claims effectively.
However, it is important to note that pedestrians also have a responsibility to practice reasonable care when on or near a road. For example, if a pedestrian is using a crosswalk but does so without the right of way, and gets injured in an accident, the court may determine that they are partially or even totally liable for their own damages. This concept, known as comparative negligence, underscores the importance of both drivers and pedestrians being vigilant and adhering to traffic laws to ensure everyone's safety on the road.
What is Modified Comparative Fault?
Texas courts utilize the principle of comparative negligence to determine fault in pedestrian accident cases, a critical factor that significantly impacts the outcomes of these legal proceedings. Under this doctrine, each party involved in the accident is assigned a percentage of blame based on their respective contributions to the incident. This nuanced evaluation helps ensure that liability is fairly distributed according to the actions and decisions of each party involved.
Furthermore, the court is mandated to reduce a claimant’s compensatory award in direct proportion to their percentage of fault. For instance, if a plaintiff is found to be 10 percent at fault for the accident, they will only be entitled to recover 90 percent of their total damages, which can include medical bills, lost wages, and pain and suffering. On the other hand, it's important to note that if an injured pedestrian is deemed to be 51 percent or more at fault for their own injuries, they may be barred from recovering any damages at all. This rule illustrates the importance of understanding one’s level of fault in navigating the claims process.
To ensure that you receive the maximum compensation you need and truly deserve, it is crucial to collaborate with an attorney who is well-versed in Texas’ comparative fault laws. An experienced lawyer can effectively advocate for your rights, gather necessary evidence, and help establish the extent of damages at trial, increasing your chances of a favorable outcome in what can be a complex legal landscape. With the right legal support, you can better navigate the intricacies of your case and work toward obtaining a just resolution.
Does Texas Have a Statute of Limitations for Pedestrian Accident Claims?
In Texas, the statute of limitations for pedestrian accident claims is generally two years from the date of the accident. This means that injured pedestrians must file their claims in court within this two-year timeframe to preserve their right to seek compensation for their injuries. Failing to file within this period can lead to losing the opportunity to recover damages entirely, as courts typically dismiss late claims, barring any applicable exceptions.
There are certain circumstances, however, that may affect this time limit. For example, if the injured party is a minor, the statute may be tolled until they reach the age of majority.
Additionally, if the responsible party leaves the state after the accident, the time limit for filing may be extended. It is crucial for victims and their families to understand these nuances and consult with a knowledgeable pedestrian accident lawyer who can provide guidance based on specific details of their case.
Having a comprehensive understanding of the statute of limitations is essential for anyone involved in a pedestrian accident. Taking prompt legal action not only helps in gathering evidence but also ensures that the victim's rights are protected throughout the process. An experienced attorney can assist in navigating these legal complexities to maximise the chances of a successful outcome.
Is There a Cap on Damages for Pedestrian Accidents in Texas?
In Texas, there is currently no cap on damages for pedestrian accidents. This means that the amount of compensation an injured pedestrian can receive is not limited by law, unlike some other states. Instead, damages are determined based on factors such as medical expenses, lost wages, pain and suffering, and other related losses.
However, it's worth noting that insurance companies may try to limit their liability by offering lower settlement amounts to injured pedestrians. That's why it's crucial to have a skilled attorney who can negotiate with insurance companies and fight for fair compensation.
If you or a loved one has been involved in a pedestrian accident in Austin or anywhere in Texas, it's important to seek legal representation as soon as possible. By working with a knowledgeable attorney, you can protect your rights and receive the compensation you need for your injuries and losses.
Tips For Finding The Right Pedestrian Accident Lawyer
- Specialization in Personal Injury Law: Look for a lawyer who specializes in personal serious injury
cases, specifically pedestrian accidents. Their focused experience will be valuable in navigating the complexities of your case. - Proven Track Record: Research potential lawyers' past case outcomes. A successful track record in handling similar cases indicates their capability to secure favorable results.
- Client Reviews and Testimonials: Read reviews and testimonials from former clients. A lawyer with positive feedback is likely to provide attentive service and effective advocacy.
- Initial Consultation: Schedule consultations with multiple attorneys. This allows you to gauge their approach, communication style, and willingness to answer your questions.
- Contingency Fee Arrangement: Opt for a lawyer who works on a contingency fee basis. This means they only get paid if you win your case, which aligns their interests with yours.
- Local Knowledge: Choose a lawyer familiar with Texas laws and regulations related to pedestrian accidents. Local expertise can make a significant difference in your case outcome.
- Transparency and Communication: Ensure the lawyer is transparent about fees, processes, and potential outcomes. Clear communication will make your legal journey much smoother.
- Trial Experience: Inquire about their trial experience. If a settlement cannot be reached, having a lawyer comfortable in the courtroom can be crucial for your case.
Contact an Austin Pedestrian Accident Lawyer Today
Pedestrians are particularly at risk when motorists fail to exercise care on the roadway and often endure pain and anxiety following an accident. You do not have to go through the process of seeking recovery alone. Our Austin pedestrian accident lawyers may be able to help secure compensation for your injuries.
If you are unsure about whether you have a valid civil claim, ask one of our attorneys. Call us today to get started on your case.
DJC Law – North
1012 W Anderson Ln,
Austin, Texas 78757
Frequently Asked Questions
How can Austin pedestrian accident attorneys help after a pedestrian accident?
Austin pedestrian accident attorneys can help by providing legal advice, representing you in court, negotiating with insurance companies, and ensuring that your rights as a pedestrian accident victim are fully protected.
What should I do immediately after being involved in pedestrian accidents in Austin?
If you're involved in a pedestrian accident in Austin, seek medical attention immediately for any serious injuries, report the accident to the police, and contact experienced pedestrian accident attorneys as soon as possible.
How does an experienced pedestrian accident attorney approach a pedestrian accident lawsuit?
An experienced pedestrian accident attorney approaches a pedestrian accident lawsuit by thoroughly investigating the accident, gathering evidence, consulting with experts, and building a strong case to represent the interests of the pedestrian accident victims.
What are common causes of most pedestrian accidents in Austin?
Most pedestrian accidents in Austin are caused by drivers not yielding the right of way, distracted driving, speeding, or failing to adhere to traffic signals and signs, particularly in busy intersections.
What types of compensation can be claimed in a pedestrian accident case?
In a pedestrian accident case, victims can claim compensation for medical bills, lost wages, pain and suffering, and other damages related to serious injuries sustained in the accident.
How long do I have to file a pedestrian accident lawsuit in Austin?
You generally have two years from the date of the accident to file a pedestrian accident lawsuit in Austin due to the statute of limitations for personal injury cases in Texas. Consulting with pedestrian accident attorneys early can ensure timely filing.
What evidence is crucial in proving fault in a pedestrian accident case?
Crucial evidence in a pedestrian accident case includes witness statements, surveillance footage, police reports, and any physical evidence from the scene. An experienced pedestrian accident attorney will help gather and present this evidence effectively.
How do serious injuries affect the outcome of a pedestrian accident lawsuit?
Serious injuries significantly affect the outcome of a pedestrian accident lawsuit, as they can lead to higher compensation due to increased medical costs, potential long-term care needs, and impact on quality of life. Pedestrian accident attorneys will highlight the severity of injuries to ensure fair compensation.
Are there any specific traffic laws that protect pedestrians in Austin?
Yes, Texas has a "right-of-way" law that requires drivers to yield to pedestrians in crosswalks and intersections. There are also laws regulating driver speed and behavior in designated school zones and other areas with high pedestrian activity.
Can I still receive compensation if I am partially at fault for the pedestrian accident?
Texas follows a modified comparative negligence rule, which means you can still receive compensation even if you were partially at fault for the accident. However, your compensation may be reduced by your percentage of fault.