Pedestrians tend to be the most vulnerable inhabitants of the road. They often share the space with many vehicles at a time when crossing the roadway or walking down the sidewalk. It just takes one negligent motorist to inflict a pedestrian with devastating injuries, such as skull damage, spinal cord injury, concussion, fracture, organ damage, and paralysis. It can even result in death.
If a negligent driver’s careless actions injured you or a loved one, an Allen pedestrian accident lawyer from Trujillo & Sanchez, P.C. can help you hold the at-fault driver accountable for your suffering.
You Can Recover Damages for Your Pedestrian Accident Injuries
If you were struck by a car, truck, or motorcycle, know that you have the right to collect compensation for the total losses you suffered in the accident. Some of the damages you can recover as a pedestrian accident victim include costs for:
- Medical treatments and prescription medication
- Rehabilitation costs
- Lost wages if you had to take time off from work for recovery
- Diminished earning potential if your injury was severe enough to limit the type of work you can do
- Transportation expenses
- Property damage
- Pain and suffering
- Mental anguish
- Counseling sessions
- Physical disfigurement, impairment, and scarring
- Decreased quality of life
- Loss of consortium
In pedestrian accident cases where the cause of the wreck was gross negligence or extreme recklessness, such as a driver operating a vehicle while intoxicated, you may also win punitive damages. This aims to punish the defendant by preventing the reoccurrence of such an event in the future.
Once we get started on your pedestrian accident claim, we will identify the full range of damages you incurred and assign a value to each to calculate a fair accident compensation amount.
How Much Is My Collin County Pedestrian Accident Claim Worth?
The total compensation awarded to you will depend on multiple factors, such as:
- Your injury’s severity
- The medical treatment required and its expected duration
- Eyewitness statements and accident report
- Medical report and notes by your healthcare providers
- Proof that establishes the at-fault parties’ negligence
- Employment record that shows you missed work due to the accident
- Property damage
- How the accident has impacted your daily routine
Our attorney will prove each damage with various documentation, so the at-fault insurance provider does not make you settle for an amount that is less than what you are entitled to.
Who Can Be Assigned Liability in My Pedestrian Accident Claim?
To attain compensation as a pedestrian accident victim, you must first recognize who is responsible for your losses. Those liable can be pursued to compensate you for the damages. In our experience with handling similar cases, the following individuals and entities tend to hold fault in most pedestrian accident cases:
- The negligent driver: Driver errors, such as speeding, texting while driving, drowsiness, and not paying attention to the road tend to be the biggest contributors to pedestrian accidents.
- The driver’s employer: If the driver who struck the pedestrian was on-duty at the time of the collision, their employer could be held vicariously liable.
- The government: Sometimes, the cause of the accident may be poorly maintained roads, poorly designed intersections, lack of traffic signs, and more. If the accident occurred on public property, you might be able to hold government entities accountable since they are responsible for maintaining the road’s safety. If the accident happened on private property, you might be able to hold its owner liable.
It is essential to mention that pedestrians may also be responsible for the accident. Actions such as jaywalking, not paying attention to crosswalk signals or the road, and breaking other traffic laws can contribute to a pedestrian accident.
Comparative Fault
Texas follows the modified comparative fault model. As a pedestrian, even if you share some liability for the accident, you can still collect damages if your fault for the accident is less than 50 percent. Your award will be reduced by the percentage of fault you share for the accident.
But, if your percent of the fault lies greater than 50 percent, you will not be able to collect compensation.
Our pedestrian accident lawyer will analyze documents such as accident reports, photographs, video surveillance footage, and other evidence to determine who was at fault for your injuries and demonstrate their negligence when submitting your claim.
How An Attorney from Trujillo & Sanchez, P.C. Helps You Recover Compensation
While you can file for a pedestrian accident claim yourself, most people are unfamiliar with the complex and time-exhaustive process of winning appropriate compensation from insurance companies. Our pedestrian accident attorney will handle your claim from start to finish so that you can put your entire focus on your mental and physical recovery.
When you hire us to lead your case, some of the services you can expect to receive include:
- We will investigate your case in-depth to collect new and pre-existing evidence that shows what and who caused your accident.
- We will locate and review photographs, medical reports, accident reports, video surveillance footage, and more to build an evidence-backed claim.
- We will complete the necessary paperwork and submit it within the deadlines.
- We will negotiate with the insurance companies until they agree to a fair settlement that covers all your compensable damages.
- We will handle communication with everyone involved in the case on your behalf while promptly informing you about the progress.
- We will represent your case before the judge and jury if the liable parties do not agree to a fair settlement out-of-court.
At Trujillo & Sanchez, P.C., we understand the complexities of pedestrian cases. Our attorney also knows the most effective negotiating tactics to use with insurance companies when they try to low-ball victims with unsatisfactory offers. We will fight for your right to fair compensation and ensure no one takes advantage of you at any step.
Consult With Our Allen Pedestrian Accident Lawyer
Texas gives you just two years from the accident date to file a lawsuit for compensation for your injuries, as per Texas Civil Practice & Remedies Code §16.003. Do not wait – if you contact us now, we will have ample time to thoroughly investigate your case and not lose out on time-sensitive evidence and witness statements.
Call to speak with a team member who will review your case. If we move forward with you, our lawyer will provide you with sound legal guidance and comprehensive services for pedestrian claims and trials. We are looking forward to discussing your case and explaining your legal options.