Pedestrian accidents and fatalities happen too often. Recovering from a serious pedestrian crash can take a toll on an entire family.
See what options are available for those with serious pedestrian injuries.
Fatal Pedestrian accidents lead the news headlines too often. For every one of those tragic incidents are another 10 families affected by serious pedestrian injuries. On average, 380 Austinites are involved in serious pedestrian-vehicle crashes each year.
If you or someone you know is facing the difficult recovery that comes after a pedestrian accident, read on for answers to your questions.
- Pedestrian rights
- Compensation for Pedestrian Injuries
- How Pedestrian Accident Cases work in Texas
- Pedestrian Injury lawyers in Austin
5 Reasons To Hire a Lawyer After a Serious Pedestrian Accident
- Unless there is 100% clear liability, the other side will always argue that the pedestrian had no business being in the road at the time of the crash. It’s a good idea to have someone on your side advocating for your present and future well-being.
- Hiring a lawyer means that you have someone handling all the paperwork for you, and you can focus on recovering from injuries.
- At McMinn Law Firm we work on a contingency fee basis. We pay all upfront costs and you pay nothing unless you win.
- A legal team has the expertise to secure a larger settlement in almost every case.
- We’re your advocate every step of the way during your case. Always have an expert on your side.
Dangers of Being an Austin Pedestrian
Pedestrians can be severely injured even if a car is going at a slow rate of speed.
Pedestrian Accidents in Austin, Texas
In Austin’s deadliest year on record, 32 pedestrians died. See how, why and what we can do to prevent future injury.
Pedestrian crashes can often be more damaging because of the vulnerability faced by people traveling on foot. Without the protection of a vehicle, a person’s body has to face the impact of a crash.
School zones are lower speed limits for good reason. Experts say that when vehicles are traveling 30 miles per hour or more a pedestrian is likely to suffer a fatal injury.
Safety advocates encourage city planners to use lower speed limits when planning streets where pedestrians and bicyclists are anticipated to travel in the area.
But not all roads have low speed limits, not all drivers watch for pedestrians in crosswalks, and occasionally pedestrians suffer traumatic injuries.
In the event of a pedestrian – vehicle crash, it’s important for all victims to understand their rights and options.
Understanding how a pedestrian accident case works
All motorists in Texas are required to carry liability insurance on their vehicle. Liability insurance assists the victim of a crash in their recovery.
Though poorly lit roads, a lack of sidewalk, or unmarked crosswalks can all play a role in pedestrian crashes, it’s ultimately the driver’s responsibility to drive defensively.
How pedestrian cases may differ. Typically in car accident cases, two insurance companies may be involved in the claims. One from the at-fault party and another from the injured victim’s side. In pedestrian crashes there may only be one insurance company to negotiate with. However another driver may have to accept partial liability if negligent driving was involved.
Read on to find out who can sue, when, and why partial responsibility may not kill a pedestrian accident case in Texas.
Hiring a Car Accident Lawyer
After a serious crash, the idea of hiring a lawyer may seem like a daunting task.
No two personal injury cases are the same, so when you are searching for an attorney to represent your case it may be difficult to know where to begin.Look for reviews of personal injury attorneys in your area. You may choose to meet with one or more lawyers before signing your case.
Once you sign, your attorney will handle the process of gathering medical bills and communicating with the insurance company of the driver.
McMinn Law Firm Personal Injury Attorneys
Jason McMinn and Justin McMinn have successfully settled a number of pedestrian accident cases in central Texas. To learn more about some select cases in McMinn Law firm’s history of success, visit the jury verdict and settlements page. See what clients are saying about McMinn Law Firm on the reviews page.
Calculating Settlement in Pedestrian Accidents
After the initial physical recovery comes almost as devastating round of medical bills. Hiring an attorney is the best way to achieve a maximum fair settlement, especially after a pedestrian accident.
Recovering Financially After a Pedestrian Accident
Payment in a personal injury case can hinge on medical bills as well as a calculation based on a victim’s pain and suffering.Calculating the maximum settlement in a pedestrian accident case depends on several factors including:
- Insurance policy limits
- Types of damage and injury suffered by the pedestrian
- The amount of time the pedestrian missed at work
- The toll the injuries suffered take on the pedestrian’s daily life and routine.
- How permanent the injuries are predicted to be. An injury victim who suffered life altering, permanent injuries will need greater compensation to handle the impact of their injury as it endures in the future.
An insurance adjuster may take a look at the “specials,” or quantifiable losses. These are things like medical bills, lost wages, and other specific dollar amounts applied to costs arising from injuries such as medical equipment.
Pain and suffering often plays a part in calculating the settlement in a pedestrian accident.
To learn more about calculating how much a settlement could be in a personal injury case, visit this page on McMinn Law Firm. Understand whether or not Texas damage caps could affect your pain and suffering claim.
Pedestrian rights: common questions after an accident
Are pedestrians ever at fault?
Are pedestrians always right? There are some instances in which pedestrians don’t have right of way. When a pedestrian enters a roadway where there is no stop sign, crosswalk, or light, they may be interfering with oncoming traffic.Unfortunately in Austin, many people who may not be able to afford vehicle transportation live in areas outside of town that may not have direct access to CapMetro routes. It’s possible that 183, 290, or I-35 could stand between them and their place of work. There are few ways to safely cross these roads and unfortunately some individuals make the dangerous decision to cross on foot.
Austin Police Department has recently begun indicating whether there was no intersection or crosswalk for the pedestrian to be in if a fatality occurs.
Can pedestrians cross in the middle of the street?
In Texas the answer is “no.” In Texas,Read about comparative negligence and how you could recover even if found partially at fault. However, every situation is unique. A pedestrian who crossed in the middle of the street may have to accept at least partial liability.