El Paso Pedestrian Accident Lawyers

What Should I Do After a Pedestrian Accident in El Paso?

The steps you take immediately following a pedestrian accident can significantly impact your health and your case. After ensuring your safety and seeking medical attention, here are a few key steps to follow:

Seek Medical Attention

Even if you feel fine, some injuries can manifest later. A medical evaluation can also serve as important evidence in your case. Also, contact law enforcement to ensure a police report is filed and advise them of the accident.

Document the Scene

Take photos of the scene and your injuries. Be sure to capture road conditions that may have contributed to the accident, as well as any vehicles involved. Gather contact information from witnesses, the driver, and responding officers.

Contact an El Paso, Texas, Pedestrian Injury Lawyer

Before speaking with insurance companies, contact an experienced El Paso pedestrian accident lawyer who can answer your questions and protect your rights.

Why Do Pedestrian Accidents Happen in El Paso?

Pedestrian accidents often occur because of driver negligence. Some of the most common causes include:

• Distracted driving. Drivers texting, using their phones, or adjusting the radio often fail to see pedestrians.
• Speeding. Drivers who speed, especially in residential areas or school zones, pose a significant threat to pedestrians.
• Failure to yield. Drivers may not stop for pedestrians at crosswalks, leading to dangerous collisions.
• Driving under the influence. Alcohol and drugs impair judgment and reaction times, often leading to devastating accidents.
• Poor visibility. Weather conditions or nighttime driving can reduce a driver’s ability to see pedestrians.

Understanding the cause of your accident is vital for building a solid legal case. Our team will thoroughly investigate the incident, hold responsible parties accountable, and ensure you receive the compensation you deserve.

What Pedestrian Laws Apply in El Paso, Texas?

Texas laws aim to protect pedestrians and ensure drivers follow specific rules. Here are a few key regulations:

• Crosswalks. Pedestrians have the right-of-way at marked crosswalks and intersections with traffic signals. Drivers must yield to pedestrians when they are legally crossing.
• Jaywalking. Pedestrians must use crosswalks when available. If pedestrians cross outside designated areas, they may be found partially at fault for the accident.

Pedestrians may also share fault if they disregard road rules, like crossing against a signal or jaywalking. In Texas, even if you’re partly responsible for the accident, you can recover damages if your share of fault is not greater than 50%. This is called proportionate responsibility. Note, however, that your compensation will be reduced by your percentage of fault.

How Long Do I Have to File a Pedestrian Accident Claim in El Paso, Texas?

Texas’s statute of limitations for personal injury cases is two years, meaning you must file your claim within two years of the date of the accident or risk losing the ability to bring a lawsuit.

What Are My Rights After a Pedestrian Accident in Texas?

As a pedestrian, you have the right to safely use the streets and sidewalks and the right of way at crosswalks. You may be entitled to compensation for your injuries when someone violates these rights.

Texas law allows pedestrians harmed by negligent drivers to seek damages, but understanding and asserting these rights requires the expertise of a qualified El Paso, Texas, pedestrian injury lawyer.

What Compensation Can You Claim After a Pedestrian Accident?

Pedestrian accidents often result in serious injuries, such as broken bones, traumatic brain injuries, and spinal damage. Recovering from these injuries can take months or even years, with significant financial and emotional consequences. Compensation in these cases typically covers:

• Past and future medical expenses,
• Rehabilitation and physical therapy,
• Lost wages or loss of earning capacity,
• Pain and suffering, and
• Emotional distress.

In rare cases, courts may award punitive damages if the driver’s actions were reckless or egregious. Our legal team will not rest until we secure the financial compensation you deserve.

What Are Some Common Mistakes Pedestrians Make That Lead to Accidents?

While drivers are often responsible for pedestrian accidents, pedestrians can also contribute to their injuries. Some common mistakes pedestrians make include:

• Jaywalking. Jaywalking or otherwise crossing outside designated crosswalks can make it difficult for drivers to see you and increase your risk of being hit.
• Failing to yield to oncoming traffic. Make eye contact with drivers before crossing the street and ensure they see you.
• Walking on the roadway instead of sidewalks. Roads are designed for vehicular traffic, so walking on them can put you in danger.
• Wearing dark clothing at night. Dark colors can make it difficult for drivers to see you, especially in low-light conditions.
• Using a cell phone while walking. Being distracted can impair your ability to be aware of your surroundings and avoid accidents.

Awareness of your surroundings and following general pedestrian safety guidelines can significantly lower your chance of getting into a pedestrian collision.

How Can an El Paso Pedestrian Accident Attorney Help?

While handling a pedestrian accident claim on your own may be tempting, by working with one of our El Paso, Texas, pedestrian accident lawyers, you have a strong advocate who will:

• Guide you through the legal process, ensuring your rights are protected;
• Gather crucial evidence, such as surveillance footage and witness statements, so you can focus on recovery;
• Provide a clear assessment of your case, including the potential compensation you could recover;
• Determine liability involving the driver, government entities, or other parties;
• Negotiate assertively with insurance companies to secure the full amount of compensation; and
• Represent you in court, if necessary, to ensure your rights are upheld and maximize your recovery.

Personal injury cases involving pedestrians can be intricate, involving multiple parties, complex liability issues, and insurance companies that may challenge or minimize your claim. The goal is to maximize your compensation while allowing you to focus on recovery.

Schedule Your Free Consultation

Our El Paso Pedestrian Accident Attorneys Provide Skilled Representation.

If you or a loved one has been injured in a pedestrian accident, you deserve quality legal representation. Tawney, Acosta & Chaparro P.C. will handle your claim with precision and attention because we understand the complexities of Texas personal injury law.

Contact us today to schedule a free consultation with one of our experienced personal injury lawyers.

Pedestrian Accident FAQs

How Can I Get a Copy of the Police Report From a Pedestrian Accident?

You can typically obtain a copy of the police report by contacting the police department that responded to the accident.

How Long Does It Take to Settle a Pedestrian Accident Case?

The timeline varies depending on factors such as the case’s complexity, the severity of the injuries, and whether the case goes to trial. While many cases settle in a few months, some may take over a year.

Can I Recover Compensation If the Driver Was Uninsured?

Even if the driver who caused your accident was uninsured, you might recover compensation through your insurance policy if you have uninsured/underinsured motorist coverage.

What Should I Do If the Insurance Company Offers a Quick Settlement?

Be cautious of quick settlement offers because they may not fully cover your long-term medical needs and other expenses. Consult an experienced El Paso pedestrian accident attorney before accepting any offer.