Austin Pedestrian Accident Lawyer
Our Pedestrian Injury Lawyer Can Help You Get Compensation
A pedestrian is no match for a heavy metal motor vehicle weighing several thousand pounds, so even being hit in a low-speed collision can result in severe injuries or death. Texas roads are designed for the benefit of drivers, not pedestrians, and often drivers are not prepared for sharing the road with people traveling by foot. When a vehicle hits a pedestrian, even a low-speed collision can result in severe injuries or death.
After an accident, victims and their families must deal with not only the physical and emotional pain and trauma, but with financial losses from medical, hospital, and rehabilitative bills, the loss of income from being unable to work, and the possibility of property damage resulting from the accident. If you or a loved one has been injured or someone has been killed after being hit by a motor vehicle, you may be entitled to compensation for your losses through insurance or a lawsuit. A successful lawsuit can alleviate your financial problems and allow you to concentrate on getting well.
Texas laws regarding pedestrian accidents are complicated; insurance companies and their lawyers will attempt to get you to settle for the lowest amount possible, and making mistakes can be costly, so it helps to have an experienced personal injury lawyer on your side to fight for a fair settlement.
The pedestrian accident attorneys of the Evans & Herlihy Law Firm in Austin are here to help fight for justice and the financial compensation to help you through this difficult time. If your accident was due to someone else’s negligence or fault, we have the compassion, skill and experience necessary to win the compensation you deserve.
We offer a free, no-obligation consultation to discuss your case and determine the best way to proceed, so call us today to get started.
How Our Pedestrian Accident Lawyers Work for You
Our Attorneys Know How to Handle Your Case
Pedestrian accidents are not automatically the fault of the driver, so our attorneys would have to prove that another party or parties were negligent and caused the accident and proceed accordingly. When you have Evans & Herlihy on your side we will:
- Meet with you to hear your version of what happened and determine whether you have a valid case and what it may be worth
- Ensure that you get proper medical care and that all your injuries are documented
- File all paperwork and demand letters and handle all legal procedures and court appearances
- Conduct investigations to gather evidence to prove another party liable, such as videos from surveillance cameras and police, ambulance, and medical reports and documents
- Interview witnesses and first responders
- Hire experts to reconstruct the accident and provide testimony as to how it occurred, who was at fault, how your injuries affect your life, and the care you may need into the future
- Handle communications and negotiations with insurance companies and their lawyers
- Build your case and take it to trial if necessary.
Our attorneys will communicate and work with you throughout the entire process, answering your questions and concerns.
Pedestrian Injury Lawyers Determine Fault
Many pedestrian accidents are preventable and are the fault of careless or reckless drivers who fail to see pedestrians on the roadway or refuse to give them the right of way. Drivers of motor vehicles owe pedestrians a duty of care to drive in a responsible manner and not to cause injury. When they fail to exercise this duty of care and a pedestrian is injured as a result, the driver may be held liable for damages.
Examples of driver responsibilities include:
- Not driving while distracted or impaired
- Obeying speed limits
- Using turn signals
- Paying attention to road conditions
- Yielding to pedestrians in crosswalks.
When children are pedestrians, the driver has to be especially cautious, as children are smaller and harder to see, and their actions are often unpredictable.
When a Pedestrian is Partially at Fault
While pedestrians have the right of way under most conditions, they also have a responsibility to be cautious and obey traffic rules, such as crossing with the correct light and avoiding darting out into the street. Pedestrians sometimes put themselves at risk by their careless actions.
Sometimes both the driver and the pedestrian share fault for the accident. In this case, Texas law follows a proportionate responsibility statute, also known as comparative negligence. That means accident victims may still be awarded damages, even if they are partly at fault for the accident, so long as their share of the blame does not exceed 50 percent. In cases where a victim is found to be partly at fault, damages are reduced by a corresponding dollar amount or percentage.
This statute is especially beneficial for victims of pedestrian accidents. For example, even if a pedestrian makes an error in judgment when crossing a road, that wouldn’t absolve a drunk driver of responsibility. Still, a pedestrian who shares fault in a car accident needs an experienced attorney to achieve the best possible settlement.
The Evans & Herlihy Law Firm has successfully represented many victims of negligence. Even if you believe you are partially responsible for personal injuries you sustained as a pedestrian, you may have a case.
Damage Awards Our Pedestrian Injury Attorney May Help Win for You
You May Receive Compensation for Your Economic and Non-economic Damages
In a successful case, you may receive compensation for both your economic damages for your monetary losses and for the non-economic damages that do not have a specific dollar value but which negatively affect your life. These may include:
- Past and future medical and rehabilitation expenses
- Costs of continuing care
- Lost income and lost earning capacity
- Permanent impairment
- Scarring and disfigurement
- Mental anguish and emotional distress
- Pain and suffering
- Loss of consortium and loss of services.
If a pedestrian accident resulted in the death of a loved one, our lawyers can seek wrongful death and survivors’ damages, including funeral and burial expenses, medical expenses leading up to death, and compensation for the loss of your family member’s services, earning capacity, inheritance, companionship and society.
In some rare cases where the act that caused the death was grossly negligent, or willful, you may also be entitled to exemplary punitive damages. These are intended to punish the offending behavior and act as an example to deter such behavior from happening again.
Damage Amounts You May Receive
While there is a wide range of damage awards possible, from the thousands to the millions of dollars, the actual amount awarded depends on the individual circumstances of the case. The amount that you receive will depend on the factors that may include:
- The extent and severity of the injuries
- Whether they will be permanent and require continuing care
- Your age, earning capacity, and family responsibilities
- Whether a death was involved
- The available assets and insurance policies of the defendants
- The individual judge and jury
- The negotiating power and skill of your lawyer.
Call Our Pedestrian Injury Attorneys For Help
The Evans & Herlihy Law Firm knows from experience that a pedestrian accident can occur anytime, anywhere – even in your own neighborhood. We represented a Harris County woman run over by a neighbor who was not paying attention while backing out of her driveway. We represented a Collin County woman who suffered serious knee and lower leg injuries when she was run over in a parking lot outside of a high school football game. If you’ve been the victim of a pedestrian accident, we want to help you, too.
Unfortunately, pedestrian accidents are all too common in Texas. In fact, the U.S. Department of Transportation’s Federal Highway Administration has designated five Texas cities – Fort Worth, Houston, Dallas, San Antonio, and Austin – as “Pedestrian Focus Cities.” That means each of those cities has either an average of 20 pedestrian fatalities each year or a pedestrian fatality rate in excess of 2.33 per 100,000 people.
While there is no guarantee that pedestrians injured in an accident will be awarded damages, chances of a favorable outcome improve significantly with the help of an experienced legal team.
Find out whether you have a case. Call the Evans & Herlihy Law Firm today, and let us fight for the compensation that will make life easier for you and your family.