McKinney Pedestrian Accident Lawyer

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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.

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Why Choose Our McKinney Pedestrian Accident Attorneys

  • Our lawyers have over 20 years of legal experience. In the past five years alone, we have successfully represented clients in over 250 personal injury claims, including pedestrian accident cases.
  • We deliver the results of a large firm while providing the personal service of a small firm. You will be able to directly communicate with the attorneys handling your case.
  • Our McKinney personal injury attorneys are strong negotiators who will not hesitate to take your case to trial if necessary. We will always advocate for your highest possible settlement.

How Common Are Pedestrian Accidents in Texas?

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:

  • Only cross the street at marked crosswalks and look both ways before crossing
  • Put away your phone when walking near traffic, in urban areas, or in busy communities
  • Make eye contact with drivers before crossing so you know they are aware of your presence
  • Carefully follow all pedestrian traffic rules and crossing signals
  • Use the sidewalk whenever possible

Pedestrian Accidents Can Lead to Devastating Injuries

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:

  • Broken bones
  • Brain injuries
  • Road rash and abrasions
  • Cuts and lacerations
  • Internal organ damage
  • Spinal cord injuries
  • Injuries to the legs and knees
  • Facial injuries, like jaw fractures

How to File a Pedestrian Accident Claim in McKinney, TX

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.

What to Do If You Are Injured in a McKinney Pedestrian Accident

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:

  • Call 911 and report the accident to the police.
  • Seek medical attention as soon as possible and save your records.
  • Take photographs and videos of the accident area.
  • Exchange contact information with the driver and any witnesses in the area.
  • Contact a McKinney pedestrian accident lawyer who can represent your case.

Proving Negligence in a Pedestrian Accident 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:

  • Gathering evidence such as police reports, traffic videos, photographs of the accident scene, and eyewitness depositions
  • Showing that the at-fault person or entity breached their duty of care toward you as a pedestrian
  • Proving that their breach of duty directly led to your injury
  • Proving your economic damages in the form of medical bills and likely future financial losses from medical expenses and lost wages

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.

What is the Modified Comparative Fault Rule in Texas?

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:

  • Jay-walked
  • Disregarded crosswalk rules
  • Crossed during a “Don’t Walk” signal at an intersection
  • Stepped out into traffic
  • Were walking in an area off-limits to pedestrians
  • If you were intoxicated or distracted by a cell phone and disregarded pedestrian and traffic rules

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.

Contact Carew Garcia Bohuslav Law, PLLC Today

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.