Pedestrian accidents are unfortunately common in Texas. Negligent drivers, defective roadways, and malfunctioning vehicle parts can lead to serious collisions and injuries. If you are injured in a McKinney pedestrian accident, trust the lawyers at Carew Garcia Bohuslav Law, PLLC.
Our attorneys are dedicated to fighting for the rights of injured pedestrians. We can help you hold the at-fault party accountable and recover the settlement that you need to pay for medical care, lost wages, property damage, and more.
Most people feel they are making a safe, healthy, and eco-friendly choice when they choose to walk rather than drive within their communities for daily errands, to work or school, or for exercise and recreation. However, according to the Texas Department of Transportation, pedestrian accidents are on the rise in Texas, making up 1 in 5 traffic fatalities in 2021. In the same year, 5,366 crashes involving pedestrians occurred in Texas, with 841 deaths.
As a pedestrian, you can protect yourself with the following precautions:
Compared to cars, pedestrians are vulnerable to serious injuries. Motor vehicles are much larger and heavier than the average person, and any collisions between the two can be devastating. Many pedestrians require long-term medical care after an accident.
At Carew Garcia Bohuslav Law, PLLC, our attorneys see many of the following injuries in pedestrian accident claims:
If you are hit by a car in McKinney, you deserve justice. Texas law states that drivers who cause accidents are financially responsible for any losses that their victims suffer. As an injured pedestrian, you have the right to file an insurance claim or lawsuit against the negligent motorist.
To secure compensation in a pedestrian accident claim, you’ll need to show that the driver in your case caused your accident. Drivers have a responsibility to drive safely and follow the rules of the road, and if the motorist committed any type of negligent act, you could hold him or her accountable.
Your personal injury attorney from Carew Garcia Bohuslav Law, PLLC will work closely with you to gather all pieces of evidence and build a strong case for your right to compensation. With our firm on your side, you have access to the skills and resources that you need to establish the driver’s negligence and navigate your pedestrian accident claim.
After a pedestrian accident, it’s important to seek help and report the collision immediately. Take the following steps after your accident to protect your case:
Because Texas is a modified comparative fault state, accident victims can recover damages even if they are found to be less than 50% at fault. In many cases, pedestrians are injured through no fault of their own, in which case it’s necessary to prove the other party at fault in the accident. Proving negligence in a pedestrian accident case requires the following:
By gathering and preserving this evidence, your pedestrian accident attorney can craft a compelling case to negotiate a settlement or litigate in court showing that the at-fault party must compensate you for your economic and non-economic losses.
It’s easy to assume that the pedestrian is always the victim in an accident since they are the unprotected, vulnerable entity in an impact with a vehicle, but at times a pedestrian might share the fault in an accident. For instance, if you as a pedestrian did the following:
A court could determine that you were partly at fault in your accident if you engaged in any of the above acts.
The modified comparative fault system in Texas accidents allows a pedestrian accident victim to recover damages as long as they are found to be less than 50% at fault in the accident. If they were partly at fault, their compensation for damages is reduced by their percentage of fault. For instance, if you were 25% at fault in the accident and your damages are $100,000, you’d receive $75,000.
If you were injured in a McKinney pedestrian accident, the personal injury lawyers at Carew Garcia Bohuslav Law, PLLC can help. Contact us today to schedule your free case consultation and take your first steps toward securing the settlement that you deserve.
For more resources on how to stay safe as a pedestrian, click here.