Midland Pedestrian Accident Attorney

Pedestrian accidents can happen at any time. You might have been walking, jogging, or crossing the street, and suddenly, you are struck by a vehicle. In these cases, you have the right to seek compensation for the damages caused by the accident. Drivers have a responsibility to ensure that everyone stays safe on the road, including pedestrians on the street or in a crosswalk.

If you or a loved one has been injured in a pedestrian accident, you need an experienced attorney who understands the local laws and has a proven track record of holding negligent drivers accountable. Our Midland pedestrian accident lawyer is ready to help with your claim. Reach out to us at Barrera Law Group LLC to see how we can assist during this time.

How Do Pedestrian Accidents Happen?

Across the nation, pedestrian accidents are a serious concern for many communities. According to the National Highway Traffic Safety Administration (NHTSA), more than 67,000 pedestrians were injured, and 7,522 pedestrians were killed in 2022.

Midland’s busy roads, intersections, and high traffic volume can create dangerous conditions for pedestrians. Drivers not paying attention or following traffic laws pose a risk to those on foot. Some of the most common causes of these accidents include:

• Distracted driving: Drivers using cell phones, adjusting the radio, or engaging in other distractions are unlikely to see pedestrians.
• Speeding: Excessive speed reduces a driver’s reaction time and increases the severity of injuries when a pedestrian is hit.
• Failure to yield: Drivers who fail to yield the right of way at crosswalks, intersections, or school zones often cause pedestrian accidents.
• Running red lights or stop signs: Ignoring traffic signals can cause drivers to enter intersections without noticing pedestrians, increasing their chances of striking these individuals.
• Driving under the influence (DUI): Alcohol or drug impairment will reduce a driver’s ability to react in time to avoid hitting a pedestrian.
• Reckless driving: Swerving between lanes, tailgating, and other irresponsible behaviors make it difficult for drivers to avoid hitting pedestrians in their path.

Texas Pedestrian Laws and Legal Protections

There are laws in the Lone Star State that protect pedestrians. For example, all drivers must yield to pedestrians crossing the street in a marked crosswalk or at intersections without traffic signals per Texas Transportation Code § 552.008. If they fail to do so, then the driver can suffer serious consequences.

However, pedestrians are still required to obey traffic signals and exercise reasonable caution while crossing streets. With that, they must use crosswalks and sidewalks wherever available. But remember, even if a pedestrian was partially at fault, they may still be entitled to compensation under Texas’ comparative fault rules.

With that, the modified comparative fault rule allows accident victims to recover compensation if they are found to be less than 51% at fault for the accident. However, your compensation will be reduced by the percentage of fault attributed to you. For example, if you are found to be 20% at fault, your compensation will be reduced by that percentage.

Depending on the circumstances of your case, you will want to know how these laws can apply to your claim. With the assistance of a skilled Midland pedestrian accident lawyer, you can find out whether you have a valid claim for your case.

Insurance Companies Will Try to Fight Your Claim

Unfortunately, after any accident, you will need to file a claim with the insurance company. However, dealing with insurance companies can be a frustrating experience. You might think that it is a straightforward process to file a claim and get compensation, but these insurance adjusters often work to minimize their payouts. They may try to use several tactics to reduce or deny your claim, such as:

• Shift blame to you: Insurance companies may argue that you were not paying attention or jaywalking. They can minimize their payout if they can shift the blame of the accident to you.
• Question the severity of injuries: These adjusters may downplay the extent of your injuries or argue that pre-existing conditions were responsible for your medical issues. Sometimes, if you did not get medical assistance right away, they may dispute whether your injuries were related to the incident.
• Offer low settlements: Insurance companies may offer a quick, lowball settlement. They hope you’ll accept it without realizing the full extent of your damages and future medical expenses.

By knowing these tactics, you can counter them and get the compensation you deserve. For this reason, you will want a knowledgeable pedestrian accident lawyer who can handle negotiations with the insurance companies and protect your rights at every step of the process.

Negligence Plays a Role in These Cases

If you want to recover compensation, you and your legal team will need to show that the driver was negligent. These key points of negligence include:

• Duty of care: Drivers are legally responsible for operating their vehicles safely and cautiously, especially around pedestrians.
• Breach of duty: If the driver was speeding, distracted, or violated traffic laws, they breached their duty.
• Causation: Your lawyer will need to show that the driver’s breach of duty directly caused the accident and your injuries.
• Damages: Finally, your attorney must prove that you suffered actual damages, such as medical bills, lost wages, pain and suffering, from the accident.

A thorough investigation is an important step in building a strong case. By using witness statements, accident reports, traffic camera footage, and expert testimony, your pedestrian accident lawyer in Midland will be able to demonstrate the driver’s negligence.

What Type of Compensation Can I Receive?

At Barrera Law Group LLC, we understand the physical, emotional, and financial toll a pedestrian accident can have on your life. We are committed to pursuing the maximum compensation available under the law, which may include:

• Medical expenses
• Lost wages
• Pain and suffering

If your case involves egregious negligence, such as drunk driving or reckless behavior, we may pursue punitive damages to punish the driver and deter future misconduct.

Keep in mind that you do not have unlimited time to take legal action. Under the Texas statute of limitations, victims have two years from the date of the accident to file a personal injury claim. If you fail to file within this period, you may lose your right to seek compensation.

However, some factors can affect this timeline, such as if the victim is a minor or the at-fault party is a government entity. For this reason, you will want to consult with an attorney as soon as possible to make sure that you meet all deadlines and preserve your legal rights.

Reach Out to a Midland Pedestrian Accident Lawyer Today

If you or a loved one has been injured in a pedestrian accident, you need legal help. Dealing with the insurance companies and proving fault can make an already stressful situation even more frustrating for you. The sooner you contact an attorney, the better your chances of building a strong case and recovering full compensation.

At Barrera Law Group LLC, we are here to provide free consultations to discuss your case.  You need to focus on your recovery and family. Let us handle the rest.  Start your path to financial compensation by scheduling a consultation with our Midland pedestrian accident lawyer today.