Case-Winning Tips From A Pedestrian Accident Law Firm

Pedestrian accidents are a serious concern, and a law firm will help you understand the crucial legal aspects surrounding such incidents.

Understanding and following the laws and regulations in your state is crucial for both pedestrians and drivers to ensure road safety.

This blog post will explore case-winning tips from a pedestrian accident law firm.

Things To Do If You Hit A Pedestrian in Texas: Pedestrian Accident Legal Tips From A Law Firm

Accidents involving pedestrians can have serious consequences, and the actions taken immediately after such incidents are crucial.

If a driver hits a pedestrian in Texas, several actions should be taken immediately following the accident:

Stop and Remain At the Scene

It is crucial for the driver to stop their vehicle immediately after the collision and remain at the scene.

Leaving the scene of an auto-pedestrian accident involving injury or death is a criminal offense known as a hit-and-run. And the bigger problem is that severe legal consequences may follow.

Provide Aid and Call for Medical Assistance

If a pedestrian is injured, the driver should offer help by calling for medical assistance or providing first aid.

Texas law requires drivers to render aid to parties with injuries.

Contact Law Enforcement

The driver should promptly contact local law enforcement to report the accident. The police will investigate the incident, document the details, prepare an accident report, and contact the family member.

Exchange Information

The driver should share important information with the pedestrian, such as their name, contact details, driver’s license number, and insurance information.

Similarly, the driver should collect this information from witnesses at the scene.

Cooperate with The Investigation

The driver should fully cooperate with law enforcement during their investigation. This includes providing an accurate account of the incident, answering questions, and providing any documentation upon request.

Notify the Insurance Company

The driver should notify their insurance company about the accident immediately. This allows the insurance company to begin the claims process and provide guidance on proceeding.

In fact, the legal and financial consequences can vary depending on the circumstances of the accident. If the driver is responsible for the accident, they can be held accountable for the pedestrian’s injuries and other losses.

Moreover, we highly recommend that the driver seek guidance from a Houston pedestrian accident attorney. Especially attorneys that specialize in these types of personal injury cases because they understand the rights, responsibilities, and legal consequences.

Understanding Attorney Fees: How Much Does a Lawyer Receive from a Pedestrian Accident Settlement in Texas? – Law Firm Perspective

Regarding legal representation, it is natural to have concerns about attorney fees. In Texas, most personal injury lawyers work on a contingency fee basis. This means they receive a percentage of the settlement amount as their fee.

Typically, this fee ranges from 33% to 40% of the settlement, depending on various factors such as the complexity of the case and the attorney’s experience. Discussing the fee structure with your lawyer during the initial consultation is essential.

Texas Traffic Law for Hit and Run

Texas has been making efforts to improve pedestrian safety in recent years. Hit-and-run accidents occur when a driver at-fault in a collision leaves the scene without providing necessary information or assistance.

In Texas, leaving the scene of an accident without fulfilling legal obligations is a serious offense. The law requires at-fault drivers in accidents to stop, provide identification and insurance information, and aid parties with injuries if necessary.

In Texas, the severity of criminal charges and penalties for hit-and-run incidents depends on the circumstances of the accident. And this includes the extent of property damage, injuries, or fatalities.

Here are the potential charges and penalties:

• If a driver leaves the scene of an accident after causing only property damage, it is usually a minor offense known as a Class C misdemeanor. Fines of up to $500 are possible as punishment.

• If the accident causes injuries to someone and the driver leaves the scene, it can be a more serious offense. Considering it as a third-degree felony, leading to imprisonment for 2 to 10 years and fines of up to $10,000.

• If the accident causes someone’s broken bones or death and the driver leaves the scene, it is a serious offense known as failure to stop and render aid. This can be a second-degree felony, resulting in 2 to 20 years imprisonment and fines up to $10,000.

Please note that the charges and penalties for hit-and-run offenses vary according to specific circumstances and criminal history.

It’s essential to consult with a criminal defense attorney for the latest and most accurate information regarding hit-and-run offenses in Texas. Also, you can read case results and testimonials online.

Leaving the scene of an accident is a serious offense, and it is always advisable to fulfill legal obligations by stopping, providing information, and offering aid when necessary.

Suing a Hit-and-Run Driver in Texas

Suing a hit-and-run driver in Texas can be a complex process due to the difficulties in identifying the responsible party for incurring pedestrian accident injuries.

However, there are situations when pursuing a lawsuit may be appropriate. Here are some factors to consider:

• Uninsured motorist (UM) coverage: If you have UM coverage as part of your insurance policy, it may compensate for your injuries and damages resulting from a hit-and-run accident. In this case, you can file a claim with your insurance company.
• Serious injuries or significant damages: If you have severe injuries or experience substantial property damage due to the hit-and-run accident, pursuing legal action may be necessary to seek fair compensation beyond what your insurance can provide.
• Identifying the driver: If there is a possibility of identifying the hit-and-run driver, either through eyewitness accounts, video footage, or other evidence, it strengthens your case for pursuing legal action. Working with law enforcement and private investigators can help identify the responsible party.
• Witness testimony or evidence: If there are witnesses to the accident or other evidence that can support your claim, it can bolster your case when seeking compensation through legal means.
• Consultation with a personal injury attorney: We highly recommend consulting a personal injury attorney in hit-and-run cases. They can evaluate your situation’s details, assess your case’s strengths, and guide you through the legal process.

It’s important to note that each case is unique, and the decision to sue a hit-and-run driver in Texas should be according to specific circumstances and professional legal advice.

The Uninsured Driver

Being in an accident with a driver with no insurance can be concerning, but Texas law requires drivers to carry minimum liability insurance coverage. Getting hit by someone without insurance in Texas can complicate seeking compensation for your injuries and damages.

In such cases, you may have to rely on your own insurance coverage, such as uninsured motorist coverage, to cover your medical expenses and property damage. Free consultations with a lawyer can help you understand your options, navigate the legal complexities, and recover compensation and lost wages.

An attorney can provide personal guidance according to the details of your case. And more importantly, help determine the best course of action to pursue compensation for your injuries and damages.

Determining Fault in A Pedestrian Accident: Can Pedestrians be Legally Responsible for Causing a Crash in Texas? – Law Firm Perspective

While negligent drivers are usually assumed responsible for accidents involving pedestrians’ pain and suffering, pedestrians can sometimes be at fault. 

If you have been involved in a car accident that wasn’t your fault, it is still advisable to consult with a lawyer, especially after sustaining injuries or significant property damage.

Even though liability may seem clear-cut, insurance companies may try to minimize or deny your claim.

Here are some situations where pedestrians may be considered at fault for causing a crash in Texas:

Jaywalking

If pedestrians cross the road outside designated crosswalks or against traffic signals, they may be held responsible for any resulting pedestrian accident case. Jaywalking can create unexpected hazards for drivers who may not anticipate pedestrians crossing in unauthorized areas.

Ignoring traffic signals

Pedestrians are expected to obey traffic signals, such as red lights or pedestrian crossing signals. If a pedestrian crosses the road against the signal or fails to wait for the appropriate signal to cross, they may be deemed at fault if an accident occurs.

Failure to yield to vehicles

Pedestrians should yield to vehicles when crossing the road outside a non-crosswalk area or intersections where traffic signals are absent. If pedestrians cross without yielding to oncoming vehicles and cause an accident, they may be deemed at fault.

Intoxication or impairment

If pedestrians are under the influence of alcohol or drugs and their impairment contributes to the accident cases, they may be held responsible for their actions. Intoxication can impair a pedestrian’s judgment and ability to navigate traffic safely.

Crossing unsafely

Pedestrians should exercise caution when crossing the road. If a pedestrian suddenly darts into the path of an oncoming vehicle without giving the driver sufficient time to react and avoid a collision, the pedestrian may be at fault considerably.

Walking in prohibited areas

Pedestrians should avoid walking along highways, freeways, or other restricted areas that prohibit pedestrians from entering. If an accident occurs in such an area, the pedestrian may be considerably at fault for being in a restricted zone.

It’s important to note that fault determination depends on the specific circumstances of each case.

Consulting with a traffic accident lawyer in Houston with much experience in pedestrian accidents can help assess the incident’s details and accurately determine liability.

Main Causes of Pedestrian Accidents?

Several factors contribute to pedestrian accidents. Understanding these causes can help raise awareness and promote safety. Among the frequent reasons for pedestrian collisions are as follows:

• Distracted driving: Drivers texting, talking on the phone, or engaging in other distractions may fail to notice pedestrians.
• Failure to yield: Drivers who do not yield to pedestrians in crosswalks or fail to follow traffic laws can cause accidents.
• Jaywalking: Pedestrians crossing the street outside designated areas or against traffic signals put themselves at risk.
• Poor visibility: Low lighting conditions or lack of visibility due to weather conditions can increase the chances of accidents.
• Driving under the influence: Alcohol or drug impairment can significantly affect a driver’s ability to react to pedestrians.
• Speeding: Excessive speed reduces the driver’s reaction time and increases the severity of pedestrian accidents.
• Lack of pedestrian infrastructure: Insufficient crosswalks, sidewalks with poor maintenance, or inadequate signage can contribute to accidents.

Tips for Avoiding A Pedestrian Accident: Advice From A Law Firm

Preventing pedestrian accidents requires a combination of responsible behavior from both drivers and pedestrians. Our law firm provides some essential tips to avoid pedestrian accidents, including:

1. Drivers should always be attentive, avoid distractions, and adhere to speed limits.
2. Pedestrians should use designated crosswalks, obey traffic signals, and be aware of their surroundings.
3. Both drivers and pedestrians should avoid alcohol consumption before getting on the road or crossing the street.
4. Drivers should give pedestrians the right of way, especially in crosswalk markers.
5. Pedestrians should make eye contact with drivers before crossing the street to ensure they are seen.
6. Both drivers and pedestrians should avoid distractions, such as texting or talking on the phone, while on the road.
7. Drivers should exercise caution when approaching areas with high pedestrian activity, such as schools or residential neighborhoods.
8. Pedestrians should wear reflective clothing or use reflective accessories when walking at night to increase visibility.
9. Drivers should always check blind spots and use their mirrors to watch for pedestrians when turning or changing lanes.
10. Pedestrians should avoid wearing headphones or using electronic devices that may impair their ability to hear approaching vehicles.

By following these simple guidelines, drivers and pedestrians can contribute to safer road conditions and reduce the risk of pedestrian accidents.

Pedestrian Accidents and the Law

Pedestrian accidents are a serious concern, and understanding the legal aspects surrounding such incidents is important for drivers and pedestrians.

By knowing the laws and regulations in Texas, seeking legal advice from pedestrian accident attorneys when necessary, and following safety guidelines, we can work toward preventing pedestrian accidents and ensuring safer roadways.

Responsible behavior and mutual respect between drivers and pedestrians create a harmonious and safe environment. Contact us today!