Texas Pedestrian Accident Attorney
Being hit in a pedestrian accident is often a catastrophic experience not just for the victim but for his or her loved ones and even employer. It can be impossible for someone who has been hurt in a Texas pedestrian accident to be able to return to work quickly, if at all.
Furthermore, the repercussions of such an accident can stretch into the victim’s life and require family members to be providing care around the clock. Other medical rehabilitation and adjustments to life are often required in the wake of a pedestrian accident recovery.
Knowing that you have the opportunity to pursue a legal claim and retaining an experienced injury lawyer in Texas to assist you with it may be the only way to get the funds that you need to continue rehabilitation and put this unfortunate matter behind you.
How Does a Pedestrian Accident Injury Claim Work?
Pedestrian accident cases in Texas operate much the same as other instances of personal injury. This usually begins with you reporting the accident to the insurance company. However, given that it is both financially and emotionally difficult to navigate through a personal injury case, a Texas pedestrian accident lawyer may become your most important asset. There are five critical stages for the majority of Texas pedestrian accident cases. These include:
- Treatment stage
- Summary stage
- Negotiation stage
- Litigation stage
- Disbursement stage
The primary goal of your Texas pedestrian accident attorney should be to help you recover a settlement that is full and fair for the injuries you have sustained. This work begins from the outset of your legal claim by clearly documenting your injuries and reconstructing the scene of the accident to clarify liability. The first thing that you will need to do to get back to 100% health is attend all of your medical appointments and keep any necessary documentation from these as well. This can prove critically important when you move forward with a claim.
Do I Need a Texas Pedestrian Accident Attorney?
The insurance rules surrounding pedestrian accidents are quite complex and furthermore, if the other side alleges that you are partly or fully responsible for the accident, you will need to mount your own defense and illustrate that the other party is liable. It is difficult to do this without the help of an experienced Texas pedestrian accident lawyer.
At Reyna Law Firm, we have a track record of investigating the scene of the accident promptly in order to best benefit you and your future. Knowing that you have someone advocating for you and helping to avoid situations in which the other side or the insurance company tries to take advantage of your good nature or lack of knowledge about the situation is crucial.
Types of Pedestrian Accident Injuries that Occur in Texas
Because pedestrians typically have no safety gear as a bicyclist would and are not afforded the same protections as anyone inside a vehicle, the injuries sustained in a pedestrian accident can be catastrophic. Any serious injury should prompt you to consult with a Texas pedestrian accident lawyer immediately because you may need the compensation from a personal injury claim to get medical attention. Some of the most common injuries include:
- Head, neck, and back injuries like TBIs or spinal cord paralysis
- Broken bones
- Internal organ damage
- Persistent pelvic pain
- Sprains and tears
Once the doctor has identified that you have a clear medical condition associated with the accident, you can then use this information to craft a compelling injury claim.
How Will a Texas Pedestrian Attorney Help Me?
Your lawyer serves in numerous different crucial roles for the duration of your pedestrian accident case. Your focus must be on healing and getting better in order to maximize your chances of making a full recovery. Even when full recovery is not possible, your lawyer should manage the legal aspects of your claim to minimize your own stress linked to the accident.
Your attorney can help you:
- Recover damages through settlement or litigation
- Consult with the insurance company on your behalf and represent your interests
- Reconstruct the scene of the accident
- Identify expert witnesses who could be helpful in proving your case in court
- Prepare demand letters and other crucial documentation for your legal case
- Assist you with finding the specialist that you need to put your life back together
How Does a Pedestrian Accident Injury Claim Work?
Your injury claim begins with looking at all of the records and bills from your doctors and other medical providers, including your lost wage information from your employer. When all of this is obtained, a settlement packet will be submitted directly to the insurance company or the responsible party along with a demand letter.
Usually the insurance company will refuse to settle the case until the injured person has completed all of their treatment and after all lost wage information and medical bills have been submitted. During this stage, your Texas pedestrian accident lawyer will be working hard to collect all the crucial information to present it to the defendant in a compelling way.
At this stage begins the negotiations between you and the responsible party or the insurance company. Insurance companies tend to offer settlements early and your lawyer can discuss this with you and whether or not it makes sense in your case. If you accept the offer, the case is settled. However, if you are unable to come to a terms of agreement with the other party, you may go to litigation. You will want a knowledgeable attorney to represent you in litigation.
Texas Pedestrian Accident Statistics
- The Governor’s Highway situation alleges that in 2009 there were more than 300 pedestrian accidents in the state.
- In 2009 Texas was ranked third in the country for pedestrian accidents, falling only behind Florida and California.
- In 2013 a pedestrian was killed every two hours and hurt every eight minutes in traffic crashes.
- Pedestrian deaths make up approximately 14% of all traffic fatalities in motor vehicle accidents.
Texas Insurance Laws Regarding Pedestrian Injuries
Pedestrians have a duty to use sidewalks when they are provided, obey all traffic ordinances, and stay to the right when possible when using crosswalks. Pedestrians are not allowed to solicit beside the roadway except for charities and even then, this requires the permission of authorities.
If you have already filed an insurance claim directly and you are finding that the insurance company is trying to argue that it is your fault for the injuries you’ve sustained, it is even more important to identify an attorney who has a track record of success in this field, who can help you navigate the complex legal system with care and concern.
Why Choose Our Firm?
Reyna Law Firm take every case seriously and give you the personal attention you need when it comes to getting compensation for your injuries and damages. We know you’re facing a difficult battle, so we work hard for you.
COMMON QUESTIONS ABOUT TEXAS PEDESTRIAN ACCIDENT CLAIMS
Getting medical attention is important even if you do not believe you’ve sustained serious injuries yet. Many common injuries may be masked by adrenaline, shock, or your disorientation after the accident. Report the accident to the police and record the insurance details for all involved cars.
Following the rules of the road, wearing a helmet if riding your bike, and staying on the sidewalks where available, and using reflective clothing are all ways to minimize the chance of a pedestrian accident. However, accidents can and do still happen.
These terms refer to legal rules that says that the value of your pedestrian accident claim in Texas can be decreased if any negligence on your part is identified. If you are finding that the other party is alleging that you are at least partially responsible for the accident, you need to respond appropriately by having a Texas pedestrian accident lawyer to help you.
If you have your own vehicle insurance, as you should in Texas, you may be eligible to recover through personal injury protection or uninsured benefits on your auto insurance policy for lost wages, medical bills, and other injuries. If you file a personal injury claim, you may be able to recover future lost earning capacity damages, future medical care expenses, disfigurement, impairment, and mental anguish.
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*Picture Credits to: Special Assistant, Diane Garza
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