At Kherkher Garcia, LLP, our pedestrian accident lawyers are frequently asked about pedestrian rights and what to do after an accident. In the article below, we provide answers to some of the most commonly asked questions. For questions about your specific situation, call us at 713-333-1030 for a free consultation.
What are My Rights as a Pedestrian?
Pedestrian rights vary from state to state, but there are some general principles that apply in most places.
- Pedestrians have the right of way in crosswalks. This means that drivers must yield to pedestrians who are crossing the street in a crosswalk, even if the light is green for the cars.
- Pedestrians also have the right of way at intersections. If a pedestrian is crossing the street at an intersection, drivers must yield to them even if they have a green light.
- Pedestrians must obey traffic signals. This means that they must stop at red lights and go on green lights. They also cannot jaywalk, which is crossing the street illegally at a place other than a crosswalk or intersection.
- Pedestrians must be aware of their surroundings. They should never assume that drivers will see them, and they should always be on the lookout for cars. They should also wear bright clothing and use reflective gear at night.
By understanding their rights and responsibilities, pedestrians can help to keep themselves safe on the road.
Here are some additional pedestrian rights that may apply in some states:
- Pedestrians have the right to use sidewalks. This means that drivers cannot drive on sidewalks, and pedestrians have the right to walk on the sidewalk even if there is no crosswalk.
- Pedestrians have the right to use crosswalks even if they are not marked. This is because unmarked crosswalks are considered implied crosswalks, which means that drivers are expected to yield to pedestrians crossing the street at these locations.
- Pedestrians have the right to use designated pedestrian paths. These paths are often found in parks and other areas where there is a lot of pedestrian traffic. Drivers must yield to pedestrians on these paths.
If you are a pedestrian, it is important to be aware of your rights and responsibilities. By understanding these laws, you can help to keep yourself safe on the road.
What Should I do if I am Involved in a Pedestrian Accident?
If you are involved in a pedestrian accident, it’s important to take the following steps:
Ensure Your Safety
After the accident, prioritize your safety and move to a safe location, if possible. If you are seriously injured or unable to move, wait for medical assistance to arrive.
Call 911
If you are able to do so, call 911 immediately after the accident. Inform them about the accident, the location, and any injuries suffered by you or others involved. It is important to have an official record of the incident.
Seek Medical Attention
Even if you don’t feel immediate pain or believe your injuries are minor, it is crucial to seek medical attention as soon as possible. Some injuries may not be immediately apparent but could have serious long-term consequences.
Gather Information
If you are physically able to, collect relevant information at the scene. Obtain the driver’s contact information, insurance details, and license plate number. If there were witnesses, try to obtain their contact information as well.
Consult with an Attorney
It is advisable to consult with a personal injury attorney who specializes in pedestrian accidents. They can evaluate your case, guide you through the legal process, and help protect your rights while pursuing any potential claims or compensation.
Do I Need a Lawyer after a Pedestrian Accident?
If you have suffered serious injuries, such as a broken bone or a head injury, you may need to hire a lawyer to help you file a personal injury lawsuit. A lawyer can help you gather evidence, negotiate with the insurance company, and represent you in court if necessary.
Here are some of the benefits of hiring a lawyer after a pedestrian accident:
- A lawyer can help you understand your legal rights and options. The law can be complex, and it can be difficult to know what you are entitled to after an accident. A lawyer can help you understand the law and your legal rights so that you can make informed decisions about your case.
- A lawyer can help you gather evidence. After an accident, it is important to gather evidence as soon as possible. This evidence can include photographs of the accident scene, medical records, and witness statements. A lawyer can help you gather this evidence and preserve it for your case.
- A lawyer can negotiate with the insurance company. The insurance company will likely be the first party to contact you after an accident. They may offer you a settlement, but this settlement may not be fair. A lawyer can negotiate with the insurance company on your behalf to get you the best possible settlement.
- A lawyer can represent you in court, if necessary. If you are unable to reach a settlement with the insurance company, your case may go to court. A lawyer can represent you in court and fight for your legal rights.
If you have been injured in a pedestrian accident, it is important to speak with an attorney as soon as possible to discuss your case and your legal options.
What is a Pedestrian Accident Claim?
A pedestrian accident claim is a lawsuit that a victim files against the party or parties believed to be responsible for their injuries. In order to be successful, a pedestrian accident claim must prove that the driver of the motor vehicle was negligent. Negligence can be established by showing that the driver failed to take reasonable care to avoid the accident. This can include things like speeding, driving under the influence, failing to yield the right of way, or not paying attention to the road.
What Damages are Recoverable in a Pedestrian Accident Claim?
In pedestrian accident claims, the damages that may be recoverable can vary depending on the specific circumstances of the accident and the extent of your injuries. Some of the damages that are often recoverable in pedestrian accidents include:
Medical Expenses
Pedestrians who are injured in accidents may be entitled to compensation for their medical expenses, including hospital bills, doctor visits, medication, rehabilitation costs, and future medical needs related to the accident.
Lost Wages
If the pedestrian’s injuries result in missed workdays or the inability to work, they may be able to recover compensation for lost wages. This can include both past and future income that would have been earned if not for the accident.
Pain and Suffering
Pedestrians who have experienced physical pain, emotional distress, or a diminished quality of life due to their injuries may be eligible for damages related to pain and suffering. These damages are subjective and can vary widely based on the individual’s circumstances.
Disability or Disfigurement
If the pedestrian suffers a permanent disability or disfigurement as a result of the accident, they may be entitled to compensation for the impact it has on their life, both physically and emotionally.
Property Damage
If the pedestrian’s personal property, such as clothing, electronic devices, or other belongings, was damaged in the accident, they may be able to recover the cost of repairing or replacing the items.
Wrongful Death
In tragic cases where a pedestrian is killed in an accident, their surviving family members may have the right to pursue a wrongful death claim. Damages in these cases may include funeral expenses, loss of financial support, loss of companionship, and other related losses.
Consulting with a personal injury attorney who specializes in pedestrian accidents is crucial to understanding the specific damages you may be able to recover based on the facts of your case and the laws in your jurisdiction.
What if I am Partially At Fault for the Accident?
If you file a claim and the court rules that you are also partially at fault for the accident, your damages may be reduced by the percentage of fault you are assigned. For example, if you are found to be 25% at fault, your damages will be reduced by 25%.
Is There a Time Limit for Filing a Pedestrian Accident Claim?
In Texas, the statute of limitations for personal injury claims, including pedestrian accidents, is two years. This means that you must file a lawsuit within two years of the date of the accident in order to be able to recover damages. Two years is the statute of limitations in most states for personal injury claims.
However, there are some exceptions to this rule. For example, if you are a minor at the time of the accident, you have until your 18th birthday to file a lawsuit. Additionally, if the person who caused the accident is deceased, you have two years from the date of their death to file a lawsuit.
How Long do Personal Injury Cases Usually Take?
Personal injury cases are complex in that there are many parties involved, legal procedures to follow, and a great deal to prove. These cases can sometimes be resolved in as little as a few months if both parties are amicable and willing to negotiate. Some cases take years to resolve, however, if they are more complex or disputed.
Every case is unique, and it is difficult to estimate how long a case may take. However, working with a skilled pedestrian accident lawyer can greatly improve your chances of a timely and successful resolution.
Why Should I Hire Kherkher Garcia for my Case?
At Kherkher Garcia, we have a team of personal injury lawyers who know the “ins” and “outs” of personal injury law. We have more than three decades of experience helping clients resolve all manner of personal injury claims – both through negotiation and at trial. We are experienced negotiators and litigators, and are not afraid to take on complex cases.
The lawyers at Kherkher Garcia specialize in personal injury law, including pedestrian accidents. We have recovered billions of dollars on behalf of our clients. What’s more, we have established a reputation for being aggressive advocates for injured victims. We fight for justice.
How Much Does it Cost to Get Started?
Nothing! At Kherkher Garcia, we offer 100% free consultations to every potential client. We believe that every injured victim deserves the opportunity to explore their rights and pursue justice. You can learn more about your rights and legal options at no obligation to you. All you need to do is call us at 713-333-1030, or fill out our online form.
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