McAllen Pedestrian Accident Lawyer

Everyone knows the age-old rules for walking across the street. Look both ways, and then step into the cross walk. It’s something we’ve known since we started walking. Unfortunately, there are times when people do not pay attention and accidents happen.

If you were injured as a pedestrian by a vehicle or near by car accident, you may be eligible for compensation. We can help you build a case and seek compensation from the negligent party.

 

Texas Statute of Limitations For Mcallen Residents

From the date of your accident you have two years to file a claim or settle it in civil court. Missing this deadline will bar you from seeking compensation. Contacting an attorney quickly gives them sufficient time to build a strong case.

Understanding Compensation For Pedestrian Accidents in Mcallen, TX

Texas follows shared fault laws for pedestrian accidents:

• You can receive compensation if you’re 50% or less at fault
• Your award will be reduced by your percentage of fault
• You’ll be barred from compensation if you’re more than 50% at fault

Example: If awarded $100,000 but found 10% at fault, you’ll receive $90,000.

Steps for a Successful Pedestrian Accident Claim

• Seek Legal Representation: To protect your rights, avoid speaking directly with the liable party’s insurance company. Let your attorney handle all communications.
• Seek Immediate Medical Attention: Prompt medical care is crucial for both your health and case. Delaying treatment allows insurance companies to argue:
  • Your injuries came from a different incident
  • Your injuries weren’t serious enough to warrant immediate care
• Collect Evidence: Gather essential evidence at the scene (or have someone do this if you’re taken by ambulance):
  • Photos of the vehicle, your injuries, tire marks, debris, and the general scene
  • Driver’s insurance and contact information
  • Contact information from witnesses

What should I do after being injured?

After a pedestrian accident, you will want to take immediate action to significantly impact your claim. First, ensure the accident is officially documented by the appropriate authorities :local police, Department of Public Safety, or sheriff’s office. This provides your attorney with an official record, which serves as evidence for your claim.

Second, seek medical attention, even if you think your injuries are minor. Often, serious injuries like internal bleeding and traumatic brain injuries, do not show symptoms immediately. Next, follow up with your personal doctor after any visits to the ER. This is because hospitals can miss non emergency injuries that can cause long-term injuries and problems.

Lastly, hire a personal injury lawyer, they will have the experience you need to handle a pedestrian accident and injury claim. They will do the following:

1. Secure surveillance footage from nearby businesses before it’s deleted
2. Obtain necessary subpoenas for documentation
3. Hire investigators to collect and preserve critical evidence
4. Begin building your case while evidence is fresh and witnesses’ memories are clear

Valuing A Pedestrian Accident Claim in Hidalgo County Courts

Valuing a claim begins with identifying how serious, and type of injuries you have. A few factors to take into consideration will range from:

• Which body parts were injured
• The severity of each injury
• Required treatments and rehabilitation needs
• Permanent impairments

If you have Long-term or permanent injuries due to this accident, they will likely hinder your ability to work and enjoy life, which will increase the claims value substantially:

• Daily activities
• Family relationships
• Quality of life

When, why, and how are also questions we ask. There will be many other unique factors that will play a role in establishing liability and value of a claim:

• Time of day (daylight versus darkness)
• Weather conditions
• Exactly where you were walking—in a marked crosswalk, on a sidewalk, or elsewhere
• Traffic conditions
• Signage and signal functionality

Evidence of a drivers negligence will also strengthen your claim, which can increase its value substantially.

• Distracted by phones or passengers
• Under the influence of substances
• Speeding
• Violating other traffic laws

Available insurance coverage will play a factor in how much you are able to seek.

• Commercial vehicles like delivery trucks or 18-wheelers typically carry higher insurance limits than personal vehicles
• In cases involving multiple responsible parties, we identify all possible insurance policies

Texas Shared Fault Laws

The elements above help us determine fault percentages, which will directly impact compensation under Texas shared fault laws.

Under Texas shared fault laws, the specific details of an incident are used to assign a percentage of fault to all parties involved. For example, a commercial driver might be partially negligent in maintaining his vehicle, but the victim also failed to follow rules. in this scenario both parties might be considered partially at fault.

If that is the case, compensation will be reduced in proportion to assigned fault. Meaning, if you are found 30% responsible for an accident,  your award will be reduced by 30%.

These determinations are made by carefully analyzing all evidence, including witness testimony, safety records, and expert reports, to ensure that compensation accurately reflects each party’s role in the accident.

By thoroughly analyzing these factors with the help of medical experts, accident reconstructionists, and economic specialists, we can develop a comprehensive valuation of your claim that accounts for all damages.

How long will my case take?

The average pedestrian accident case can take anywhere from months to to 18 months. Some factors to take into consideration are:

• Injury severity
• healing timeline
• Insurance company’s willingness to offer fair settlement
• Court availability if a trial is necessary

Get Your Claim Started Today

If you have been seriously injured and are looking for dedicated, experienced, and skilled representation, please do not hesitate to call today to set up a free case evaluation.

Our clients are a priority to us and we 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.