West Lake Hills Pedestrian Accident Lawyer

You should be safe walking down the street. One negligent driver can transform an everyday walk into a catastrophe. When a vehicle hits a pedestrian, the pedestrian can suffer significant life-altering injuries. At the same time, the driver may emerge completely unscathed. Since pedestrians usually have the right of way, many believe the case should be straightforward. However, most drivers will have insurance companies looking for their best interests after an accident, while pedestrians will not. That power imbalance can impact a settlement offer and the amount of any offer.

Fair compensation should put you in the same position you would have been in if the accident had not occurred. That means it should cover your medical bills, lost wages, pain and suffering, loss of earning ability, and more. A West Lake Hills pedestrian accident lawyer can help you get the appropriate financial compensation for your injuries. Reach out to our personal injury attorneys to discuss your legal options.

Right of Way Regulations

Many people believe that pedestrians always have the right of way. While that is not true, pedestrians usually have the right of way. Under Texas Transportation Code § 552, pedestrians have the right of way when they have a green light or walk signal and when in a crosswalk. The right-of-way is more limited than most people realize.

However, that is not the only way to determine whether a driver is negligent. Even when a pedestrian is illegally in the roadway, a driver may still be at fault for the accident. Drivers should always watch out for pedestrians, and the responsibility increases when pedestrians are vulnerable, such as children. A pedestrian accident lawyer in West Lake Hills can determine whether a driver was at fault.

Modified Comparative Fault for Pedestrian Collisions

Texas is a modified comparative fault state. That means a person can recover after an accident, even when they are partially at fault. The rule only bars recovery when someone is more than 50 percent at fault.

Modified comparative negligence is a fundamental concept to understand. Many pedestrian accidents are a combination of negligence on behalf of a driver and the pedestrian. Since drivers are always supposed to be aware of pedestrians—regardless of right of way—they are often more to blame in an accident. A West Lake Hills attorney can help explain the role of fault in a pedestrian accident claim.

Common Pedestrian Accident Injuries

In many pedestrian accidents, the injuries are extensive. Humans are significantly smaller and slower than vehicles. The driver and passengers have extra safety equipment in cars. Seat belts, airbags, crumple zones, and more help protect them in the case of a crash. Pedestrians have no protections. Even a little bump can result in catastrophic injuries.

Head injuries, spinal cord injuries, broken bones, bruises, and crush injuries are all possible. Recovery from them can be time-consuming, painful, and expensive. For many people, there will be no full recovery. They will deal with lifelong injuries, which can impact their ability to work, lessen their quality of life, and even affect their relationships.

While a financial reward cannot reverse an injury, it can help a person rebuild their life. For example, rehabilitation can be critical in assisting people to regain function or adjust to physical differences. Unfortunately, getting insurance coverage for rehab is challenging, and paying out of pocket can be prohibitively expensive. That is one way an appropriate financial damage award can help a pedestrian. A lawyer in West Lake Hills can account for all injury costs in a claim for compensation after a pedestrian accident.

Consult a West Lake Hills Pedestrian Accident Attorney

The aftermath of an accident can be overwhelming. It is easy to put legal claims on the back burner while healing. The problem with that approach is that there is a statute of limitations for injury claims. The longer a person waits to bring their claim, the more difficult it can be to collect evidence. A significant first step is scheduling a consultation with a West Lake Hills pedestrian accident lawyer. Contact us to discuss your case.