Pedestrian Accidents

While most pedestrian activities are safe when you are on designated walkways and crossings, there are times when accidents happen because a driver doesn’t see someone on foot. Unfortunately, these injuries can be quite severe because the pedestrian doesn’t have much protection compared to the size and weight of the incoming vehicle. Pedestrians are in a very vulnerable position when coming in contact with motor vehicles.

At Wormington & Bollinger, we have years of experience fighting for pedestrian’s legal rights. Whether you have been seriously injured or you have a family member who was killed in a pedestrian accident, it’s critical that you talk to a pedestrian accident lawyer in McKinney as soon as possible.

Even though pedestrian accident cases can be quite complex, our skilled legal team knows the best strategies to advocate for your rights. We work tirelessly to build a solid case and negotiate fair compensation for our clients. You are invited to schedule a complimentary consultation to discuss your case and determine the best way to move forward.

Why Do Pedestrian Accidents Happen?

Even though pedestrians often have designated places to walk and run, there is a high risk of an accident happening. For this reason, it’s critical that pedestrians are very cautious and aware of their surroundings. As a pedestrian, you should always double-check the road to ensure there are no cars that might not see you.

Establishing fault in the accident is an important step to determine liability. These are some of the most common reasons why pedestrian accidents happen:

Distracted Driving: There are many things that could take the driver’s attention away from the road. The reality is that our modern world has created many distractions that are pulling away the driver’s attention: phones, texting, navigation apps, and more. If a driver is looking at their phone instead of keeping their eyes on the road, then there is a higher risk of hitting a pedestrian.

Exceeding the Speed Limit: Speed limits are marked intentionally because the limit has been determined based on safety evaluations of traffic in the area. If a driver is exceeding the speed limit, then it can create dangerous conditions, especially in areas where a lot of pedestrians are walking.

Failure to Yield: When pedestrians have the right of way at a crosswalk, then the vehicle drivers are legally required to yield so the people can cross the street. Sometimes, the driver doesn’t notice that they are going through a crosswalk, or they might not see the people crossing.

Driving Under the Influence: Intoxication is a serious offense and can increase the likelihood of a pedestrian accident. If someone is under the influence of alcohol or drugs, then their response time will be delayed if they see someone crossing.

Poor Visibility: Visibility is definitely a concern, especially when pedestrians are walking through common areas such as parking lots or residential neighborhoods. If a driver has poor visibility, then they should always slow down their speed to reduce the likelihood of hitting pedestrians in the area.

Pedestrian Behavior: While most pedestrian accidents are caused by reckless drivers, there are times when the accident might occur because of the pedestrians’ mistake. For example, walking in low-visibility conditions, crossing the street at the wrong time, or jaywalking can all be contributions to the risk of a pedestrian-vehicle accident.

Texas Pedestrian Laws and U.S. Pedestrian Laws

Both state and federal laws protect pedestrian rights. If an accident occurs, then it’s important that you hire a pedestrian injury attorney in McKinney who understands these laws so they can protect your rights. Both federal and state initiatives are designed to reduce the risk of pedestrian accidents so that people feel safe when they are walking outside.

Texas Pedestrian Laws

In the state of Texas, pedestrians typically have the right of way when they are going through crosswalks and intersections. That being said, it’s important that the pedestrian is obeying traffic signals. They also must be using designated crosswalks when they are available.

U.S. Pedestrian Laws

There are also federal guidelines designed to protect pedestrians. But the specific enforcement and laws vary by state. So, if you are seeking compensation for a pedestrian accident, then the best thing you can do is hire an attorney who is familiar with the specific laws in the state where the accident occurred.

Common Pedestrian Injuries When an Accident Occurs

Due to the nature of pedestrian accidents, it’s common that the injuries are quite severe and even life-threatening. If a victim can recover from their injuries, it will likely require months of treatment and therapy. In many cases, the injuries are life-changing because the victim will experience long-term results after these accidents.

Some of the most common types of injuries associated with pedestrian accidents include:

Traumatic Brain Injuries (TBI): Serious injury to the brain due to blunt-force trauma when the pedestrian’s head comes in contact with either the pavement or the vehicle (or both).

Spinal Cord Injuries: If the back is injured, then it could result in permanent disabilities and/or paralysis.

Broken Bones and Fractures: It’s common for pedestrians to have bone issues in their arms, legs, ribs, and hips. If the breaks are severe, then they might require surgery and even rehabilitation/therapy to learn how to use that part of the body again.

Internal Injuries: If there is damage to the internal organs, then it could cause life-threatening injuries… especially when medical care is delayed (if these injuries aren’t immediately apparent). The force of the hit could damage the lungs, liver, spleen, stomach, heart, and more.

Amputations: While many limb injuries can be treated and the person will recover the use of that part of the body eventually, there are times when the injury is so severe that amputation is required. When amputation is necessary, it drastically affects the victim’s quality of life.

Lacerations and Soft Tissue Injuries: Most victims experience soft tissue damage, which can be either minor or severe depending on the accident. Common injuries include cuts, bruises, and torn ligaments.

Facial and Dental Injuries: Not only is facial trauma painful and challenging to treat, but this type of injury can change the person’s overall appearance. Some of the most common facial injuries and dental trauma include broken teeth, a broken jawbone, or soft tissue damage on the face. Even with plastic surgery, these injuries can cause permanent disfigurement.

Psychological Trauma: You might not be able to see it on the outside, but the psychological effects after a pedestrian accident can be debilitating. PTSD, anxiety, or depression are common after a traumatic event such as an accident.

How Much Compensation Do Pedestrian Accident Victims Receive?

Various forms of compensation are available for pedestrian accidents. When you hire a Texas pedestrian accident lawyer, they will work to negotiate financial support for your immediate needs, as well as compensation for long-term care if necessary.

Economic compensation includes immediate and obvious bills that can be calculated relatively easily. For example, your lawyer will request copies of your medical bills, treatment costs, and more. You can receive compensation for hospital expenses, physical therapy, rehabilitation, surgeries, and even long-term care.

Not only will a good pedestrian rights lawyer in Texas ask for the insurance provider to cover immediate costs, but they will also request payment for future anticipated medical expenses. If you know that more surgeries or ongoing therapy are required, then make sure to calculate these future costs into your settlement.

The next compensation category relates to your inability to work while in recovery. You should be paid for lost income during this time. Additional compensation can be available for a reduction in your earning potential in the future because of any long-term disabilities that you have.

Other compensation might be included in the negotiations for things that are more difficult to quantify. Examples include:

Pain and Suffering: Physical, emotional, and psychological trauma from the accident.

Loss of Enjoyment of Life: An inability to participate in activities or hobbies that the person enjoyed before the accident.

Disfigurement or Disability: If a person experiences permanent disabilities, scarring, or other life-altering injuries, then they might receive additional compensation.

Wrongful Death: Families can file a claim after losing a loved one in a pedestrian accident. Compensation can be requested for funeral costs, associated medical bills, loss of companionship, and loss of financial support.

Statute of Limitations for Pedestrian Accident Claims

The state of Texas has defined the statute of limitations for personal injury claims to be two years. So, if you are in a pedestrian accident, then it’s essential that you file your claim within two years from the date of the accident.

But there is no reason to delay legal action. If you have been injured, then you should be proactive about hiring a pedestrian rights lawyer in Texas as soon as possible. Seeking legal representation right away will ensure that evidence is gathered at the proper time and that all of the paperwork will be completed within the legal time frame.

Why Choose Wormington & Bollinger If You are the Victim of a Pedestrian Accident?

We know that you have many options when it is time to hire a pedestrian accident attorney in Texas. So, why should you choose Wormington & Bollinger? Our McKinney-based team brings years of experience to your case, increasing the likelihood that you will have a positive outcome with the settlement.

The most important decision you will make is hiring an experienced pedestrian injury lawyer in McKinney. You need someone who has successfully won similar pedestrian accident cases in the past, because they will know the best strategies to help you receive the optimal compensation possible.

At Wormington & Bollinger, we are proud to offer aggressive negotiation services on behalf of our clients. Our goal is to settle with the insurance companies out of court whenever possible. Our legal team is proactive with the investigation, gathering evidence, and finalizing the settlement details with all parties involved.

The good news is that you can access legal representation for pedestrian accidents in Texas without spending a lot of money on upfront legal fees. Since we work on a contingency basis, it means that you don’t need to pay anything out of pocket. You will only pay for legal fees if we are successful in recovering compensation on your behalf.

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