We know the age-old rules for walking across the street. You look both ways, and then step into the cross walk. It’s something we’ve known since we were small. Unfortunately, there are times when there are people on the road who are not doing their job of paying attention. When this happens, there are often catastrophic accidents. If you have found your way to this page, you have probably been seriously injured in an accident involving a motor vehicle while you were walking. This is called a pedestrian accident case and you may be eligible for compensation. After you read about your case, please do not hesitate to call us to set up a free consultation. We will go over the details of your case, explain the process, and let you know what your legal options are.
Texas Statute of Limitations
In order to get compensation, you need to bring your case or settle it in civil court and you need to do that within the given amount of time. This time limit is called the statute of limitations. In Texas, you have two years from the date of the accident to bring your claim or settle it in civil court. If you are late for the deadline and try to bring your claim, you will be barred from receiving compensation. We encourage you to call an attorney right away. You may need to prioritize your medical attention, but as soon as you are able to, you should call an attorney. It is important that you give your attorney as much time as possible so that they are not time crunched while building a strong case for you.
How Pedestrian Accident Compensation Works
When you are seeking compensation, you should be aware of the shared fault laws in Texas. You will be able to bring your case if you have some shared fault. You will be barred from receiving compensation if you are more than 50 percent at fault for the accident. If you are 50 percent or less at fault, then your award will be reduced. For example, if you were to have been hit while walking across the street, but you were talking on the phone, you may be given some fault. If you were to be awarded $100,000 for damages and injuries and were 10 percent at fault, then your award will be reduced to $90,000. We do our very best to make sure that you get the fullest and fairest compensation award. To avoid getting a reduced award, you should never take a call from the liable party’s insurance company. Let your attorney take over that communication so that they can ensure your rights are protected.
First Steps for a Successful Case
To have a successful pedestrian accident case, the most important thing you can do is seek immediate medical attention. After an accident, if you are in pain, it only makes sense to go to a doctor and figure out what is wrong and what treatment you need. If you do not do this, say you think that the pain will go away and that it’s nothing serious, then you run the risk of worsening your condition. You also are putting yourself on thin ice with the liable party’s insurance company. They will look at your gap in treatment and try to use it against you. They might say that your injuries came from something else that happened after your pedestrian accident or that you could not have been injured badly if you could wait to seek medical attention. Because of this, we always urge clients to get treated as soon as possible.
Another important step to take for a successful case is collecting vital pieces of evidence. If you were taken away on an ambulance, you can call on a friend, family member, or attorney to do this for you. At the scene, you need to take photos of everything that could be important. That includes the vehicle that hit you, your injuries, tire marks, debris, and general shot of the scene. The more photos there are, the easier it will be to figure out what exactly happened. You also need to get the insurance information from the driver who hit you as well as contact information from any witnesses to the accident. All of this will be useful to you when starting the pedestrian accident case.
Contact Our Texas Pedestrian Accident Attorneys Today
If you have been seriously injured and are looking for dedicated, experienced, and adequate representation, please do not hesitate to call our Texas pedestrian accident attorneys today to set up a free case evaluation. You are a priority to us and we will work tirelessly to get you the best possible result. You deserve full and fair compensation for your injuries and we know how to get that for you. We are eager to take your call and set up your consultation.