Abilene Pedestrian Accident Attorney

A pedestrian is anyone traveling on foot. Pedestrians also include anyone using a wheelchair, stroller, bicycle, or scooter. Essentially, anyone who is outside of a vehicle near any type of street, road, or highway is considered a pedestrian. Without that protection of being inside a vehicle, a pedestrian is especially vulnerable to sustaining severe injuries if they don’t have that protection from being inside a car.

Unfortunately, not every driver is automatically willing to accept responsibility for causing a crash. If there is a challenge, you will need support from an experienced Abilene pedestrian accident lawyer to help you fortify your claim and ensure you are not going to be out-of-pocket for any of your medical expenses.

The legal team at Barrera Law Group LLC has represented many clients involved in pedestrian accidents. We have entered into negotiations with all the major insurance carriers. When the case calls for it, we also represent our clients in civil litigation.

We’re a full-service legal office that can provide you with the information and support you need to understand all your available options for pursuing a claim.

Texas Pedestrian Laws

According to the most recent data collected by the Texas Department of Transportation (TXDOT), 1 in 6 pedestrian accidents result in a fatality, while 1 in 50 bicycle accidents result in a fatality.

When investigating an accident involving a pedestrian, it is essential to clearly establish who was at fault. That begins by investigating if any laws were broken. The existing traffic laws are clear about the responsibilities of drivers and pedestrians. Those laws state the following:

The operator of a vehicle shall stop and yield the right-of-way to a pedestrian crossing a roadway in a crosswalk if:

• (1) no traffic control signal is in place or in operation; and
• (2) the pedestrian is:
  • (A) on the half of the roadway in which the vehicle is traveling; or
  • (B) approaching so closely from the opposite half of the roadway as to be in danger.

The law also states that a pedestrian can’t suddenly hop off the curb and head into a crosswalk without giving an approaching vehicle enough time to stop. Drivers often claim that the pedestrian “came out of nowhere.” In those instances, an Abilene pedestrian accident lawyer will carefully review all the potential evidence, including witnesses’ statements and any available traffic surveillance footage.

What Are Some Common Causes of Pedestrian Accidents?

In order to establish liability in a pedestrian accident, you have to get to the root cause. If the pedestrian isn’t at fault, then it is the driver’s negligence that is responsible. Here are some of the common examples of a driver’s negligence that cause pedestrian accidents.

• Failing to obey traffic signs
• Speeding
• Distracted driving
• Driving while intoxicated
• Drowsy driving
• Failure to yield the right of way
• Poor visibility

Because Texas follows a modified comparative negligence system, you could be partially to blame for the accident and still be able to receive a percentage of the total awarded settlement. This is not an uncommon scenario: a pedestrian failing to look both ways before crossing.

However, that doesn’t completely absolve the driver who should be aware of their surroundings, especially when approaching a busy intersection.

Common Auto-Pedestrian Accident Injuries

Pedestrians have little to no protection when struck by a moving vehicle. That is why pedestrian accidents often result in serious, life-altering injuries. Even at relatively low speeds, the force of impact can throw a pedestrian to the ground or into nearby objects.

In Abilene, these accidents frequently leave victims facing long recoveries, mounting medical bills, and time away from work. According to recent data, most pedestrian accidents occur in densely populated urban areas between 6:00 and 9:00 p.m. Most of these accidents involve pedestrians being struck by the front of a vehicle.

There are many contributing factors that can increase the severity of injury, such as the speed of the vehicle at the point of impact, the size of the vehicle, and the age and weight of the accident victim.

Some of the injuries commonly seen in pedestrian accidents include:

• Musculoskeletal injuries, including breaks, sprains, and torn ligaments
• Traumatic brain injuries can be categorized as mild, moderate, or severe
• Spinal cord injuries
• Neck and back trauma
• Internal organ injuries
• Disfigurement
• Pelvic injuries

Any of these injuries can lead to surgery, hospitalization, extended recovery, and lingering pain and suffering. As the victim of a pedestrian accident, you are entitled to seek fair compensation to cover any costs associated with those injuries.

What Damages Can I Recover in a Pedestrian Accident Case?

Depending on the specific facts of your case, the Abilene Pedestrian accident attorneys working at the Barrera Law Group LLC may be able to help you recover compensation for a variety of damages, including the following:

Medical Expenses
Your medical expenses related to the accident begin with your first visit to an emergency room or urgent care facility. These expenses include hospital stays, surgeries, diagnostic tests, medication, physical therapy, rehabilitation, and future medical treatment related to the injury.

Lost Wages
If your injuries keep you from working, they can significantly strain your ability to work. You’re entitled to recover your lost wages from your missed work. If your injuries keep you from returning to work, you can also seek lost future earnings.

Pain and Suffering
The physical pain, discomfort, and ongoing limitations caused by the accident and resulting injuries deserve a remedy.

Emotional Distress
Being struck by a vehicle can lead to more than physical injuries; you can also experience emotional trauma in the form of ongoing anxiety, depression, post-traumatic stress, sleep disturbances, and other psychological effects. Those can require ongoing therapy that you shouldn’t have to pay for.

Out-of-Pocket Expenses
There are additional out-of-pocket expenses, such as transportation to medical appointments, home modifications, medical equipment, and other accident-related costs that can be included in your final settlement assessment.

Wrongful Death Damages
If the accident results in a fatality, the surviving family members may seek compensation for funeral and burial costs. They can also seek a settlement for the loss of financial support, loss of companionship, and emotional suffering.

It is vital that you work with an experienced accident attorney who knows all the associated costs related to this type of claim. Once you accept a settlement, you’ll sign a release that prevents you from asking for future funds. That is why you need to get your settlement amount correct.

Frequently Asked Questions About Pedestrian Accidents

If you or someone you love has been involved in a pedestrian accident, you might be unsure of your next move. The attorneys at Barrera Law Group LLC are standing by to answer your questions about your options, beginning with the answers to these frequently asked questions.

What should I do immediately after being hit by a vehicle as a pedestrian?

Your first priority should be your health. Seek medical attention right away, even if injuries seem minor.

If possible, report the accident to law enforcement, obtain the driver’s information, and gather contact details from witnesses. Avoid discussing fault at the scene or with insurance companies before speaking with a lawyer.

Can I still pursue a claim if the driver says I wasn’t in a crosswalk?

Yes. While crosswalk use is an important factor, it does not automatically determine fault. Drivers still have a duty to operate their vehicles safely and remain alert for any pedestrians who might be crossing the street. Liability can depend on multiple factors, such as the vehicle’s speed, visibility, driver behavior, and surrounding road and weather conditions.

What if the driver who hit me doesn’t have insurance?

If the at-fault driver is uninsured or underinsured, you may still have options for compensation. These can include filing a claim through your own uninsured/underinsured motorist coverage. You can also pursue other legal avenues, such as filing a civil complaint directly.

How long do I have to file a pedestrian accident lawsuit in Abeline?

In Abeline, as with the rest of the state, the statute of limitations for a pedestrian accident injury claim is two years from the date of the accident. If you miss this deadline, you may lose your right to seek compensation entirely. That is why you want to act promptly and get the claim process started as quickly as possible.

What types of evidence are important in pedestrian accident cases?

In order to prevail in a pedestrian accident claim, you need to present strong evidence to the insurance company. That evidence can include police reports, traffic or surveillance footage, eyewitness statements, accident scene photos, medical records, and expert analysis. A skilled attorney will be best positioned to help gather that evidence.

Do pedestrian accident cases usually settle without a lawsuit?

Many pedestrian accident claims are resolved through settlement negotiations. However, there are frequently some cases that require litigation. This typically happens if an insurer refuses to offer fair compensation. We take the approach of preparing a case as if it may go to trial. That puts us in the strongest position to get the maximum benefits for our clients.

Talk to Barrera Law Group LLC Today

If you or a loved one has been injured in a pedestrian accident in Abilene or the surrounding areas, you don’t have to take on the battle with an insurance company alone. The team at Barrera Law Group is ready to investigate your case, fight for your rights, and pursue maximum compensation for your injuries, expenses, and losses.

The best way to start is to contact us today for a free, no-obligation consultation.

Let’s talk about the options that can help you get your life back on track.