McAllen Pedestrian Accident Attorneys

We know 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. If you’ve been injured as a pedestrian by a motor vehicle, you may be eligible for compensation.

Contact us for a free consultation to discuss your case details, understand the legal process, and explore your options.

Texas Statute of Limitations

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 in Texas

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

Valuing your claim will be based upon how serious and what type of injuries you have. A few factors to take into consideration are:

• 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, they will hinder your ability to work and enjoy life, which can increase claim value substantially. For example:

• Daily activities
• Family relationships
• Quality of life

When and why and how, including other circumstances will play a role in establishing liability and claim value:

• 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 driver negligence strengthens your claim and will likely increase its value substantially.

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

Available insurance coverage establishes practical compensation limits:

• 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 will help determine fault percentages, which 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 pool operator might be partially negligent in maintaining a safe environment and the victim failed to follow posted safety rules, in this scenario both parties might be considered partially at fault.

Compensation will then be reduced in proportion to assigned fault. So if you are found 30% responsible for an accident,  your award will be reduced by that percentage. 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

Contact A McAllen Based Pedestrian Accident Claims Lawyer Today

If you have been seriously injured and are looking for dedicated, experienced, and adequate representation, please do not hesitate to call our McAllen 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.