As Austin’s oldest and most established personal injury law firm, we have been handling pedestrian accidents for six decades. Put our experience to work for you. Pedestrian accidents are on the rise in Texas, and the associated risks continue to grow. Here at Byrd Davis Alden & Henrichson, LLP, our Austin pedestrian accident lawyers know how dire accidents involving pedestrians can be. Even at low vehicle speeds, fatal crashes, and serious injuries happen all too frequently.
For instance, one study found that when a car is traveling at 20 mph, the odds of a deadly auto-pedestrian accident are just 5 percent. With a small increase to 30 mph — something many drivers barely notice — the fatality risk increases to 45 percent. At 40 mph, the odds of a fatality rise to 85 percent.
Reasons For Fatal Pedestrian Accidents in Austin, Texas
In seconds, an afternoon jog or a night out to dine with friends and family can turn deadly. It would seem that with new technology and new laws on the books, the safety of pedestrians should be improving. Unfortunately, the statistics tell a different story. Why do pedestrians account for 18 percent of traffic-related fatalities despite constituting a mere 10.9 percent of traffic? The reasons vary depending on the specific case, but the most common reason is distracted driving.
Filing a pedestrian accident lawsuit is crucial for seeking justice and compensation for serious injuries.
Whether it’s a result of being in a rush, intoxication, or overtiredness, reckless drivers put pedestrians at risk of severe injury and long-lasting consequences. Pedestrian accidents are on the rise in Texas, and the associated risks continue to grow. Our pedestrian accident lawyers know how dire a pedestrian accident can be. Even at low vehicle speeds, fatal crashes and serious injuries happen all too frequently. Victims deserve compensation.
Why You Need an Austin Pedestrian Accident Lawyer
If you have been involved in a pedestrian accident, you may be entitled to compensation for your injuries and damages. However, navigating the complex process of filing a pedestrian accident claim can be challenging, especially when dealing with insurance companies. An experienced Austin pedestrian accident lawyer can help you navigate the process and ensure that your rights are protected.
A pedestrian accident lawyer can help you in several ways, including:
Investigating the accident and gathering evidence to support your claim
Identifying the parties responsible for the accident and holding them accountable
Negotiating with insurance companies to secure fair compensation
Representing you in court, if necessary
Having a knowledgeable attorney by your side can make a significant difference in the outcome of your case. They can handle the legal complexities while you focus on your recovery, ensuring you receive the compensation you need to cover medical expenses, lost wages, and other damages.
What to Do After Being Injured in a Pedestrian Accident
After you have sought the appropriate medical attention and cared for your injuries, it’s time to take legal recourse for your damages. This includes the following steps to take after your accident:
Gather Evidence
If you can do so safely, it is encouraged to attempt to gather evidence from the accident scene. This can include photographs or video footage taken from your phone and eyewitness testimony. This information can be used to file your claim and demonstrate that the driver was operating their vehicle recklessly or negligently, directly resulting in your injuries.
File a Claim
Once a liable party has been established, you can file a claim with their insurance company. Make sure to adhere to Texas’s statute of limitations for personal injury claims, which currently gives you two years from the date of your accident to include all paperwork and documentation.
One of the number one reasons for a low settlement offer or even a dismissed claim is not properly detailing the full extent of your losses and injuries in your claim. A claim should include detailed medical records and extensive evidence that clearly outlines a liable party and the effect of their negligence on your life.
Hire a Knowledgeable Attorney
At the end of the day, the best choice you can make after your pedestrian accident is to hire an attorney to handle all important matters of your case while you focus on resting and recovering from your injuries. They will use their resources to gather time-sensitive evidence like traffic camera footage and ensure your claim properly details the full extent of your losses. They will handle all negotiations with the insurance company, any required scheduling, and more. Looking for an attorney? Contact our Austin pedestrian accident attorneys today for legal assistance.
Identifying Driver Negligence in Pedestrian Accidents
Driver negligence is a common cause of pedestrian accidents. Negligent drivers may fail to yield to pedestrians, speed, or drive distracted, putting pedestrians at risk of serious injury or death. If you have been involved in a pedestrian accident, it is essential to identify the driver’s negligence and hold them accountable.
Some common examples of driver negligence in pedestrian accidents include:
Failure to yield to pedestrians in crosswalks or intersections
Speeding or reckless driving
Distracted driving, such as texting or talking on the phone while driving
Failure to obey traffic signals or signs
Identifying these negligent behaviors is crucial for building a strong pedestrian accident claim. By proving that the driver’s actions directly led to your injuries, you can seek the compensation you deserve for your medical bills, pain and suffering, and other damages.
How our Pedestrian Accident Attorneys Will Fight For You
As the oldest plaintiffs’ personal injury law firm in Austin, our firm has built a tradition of success in handling the most complex and high-stakes cases. Since 1959, our attorneys have achieved results for our clients through hard work and zealous advocacy in the courtroom and at the negotiating table.
Our attorneys can help clients navigate the complexities of a pedestrian accident lawsuit, ensuring that all legal processes are properly followed and that the case is strategically built for the best possible outcome.
Honesty, integrity, and excellence are our hallmarks. We take pride in providing our clients with great communication, attention to detail, and first-class legal representation. When you partner with our pedestrian accident attorneys, you are giving yourself the best chance at recovering a settlement worthy of your losses. This can include compensation for the following:
Any past, present, or future medical bills
Scarring or disfigurement
Any required physical therapy
Missed wages due to the inability to work regularly
Pain and discomfort
Loss of enjoyment of life
Anxiety or depression as a direct result of your accident and injuries
It’s important to remember that the insurance company is not your friend. Soon after the accident, they will likely reach out to offer a settlement. This compensation may seem appealing at the time, but it will not likely adequately cover the full extent of your losses or any related future costs.
Our team is here to help advocate for you and demonstrate the full impact the at-fault party’s negligence had on your life. If a worthy settlement agreement cannot be reached, we are even prepared to take your case to court.
Common Pedestrian Accident Injuries in Austin, TX
Pedestrian accidents are particularly dangerous because there is no barrier between the pedestrian and the vehicle. This leaves pedestrians vulnerable to direct and forceful impacts, leading to a wide range of injuries. The most severe injuries include:
Head injuries: Traumatic brain injuries (TBIs) occur when the brain is jolted or penetrated due to a collision. Concussions, skull fractures, and long-term cognitive impairments are common outcomes. These injuries can require ongoing medical care, rehabilitation, and significant lifestyle adjustments.
Fractures: The legs, arms, and ribs are often fractured due to the direct force of impact. Depending on the severity, a pedestrian may face multiple surgeries, physical therapy, and a lengthy recovery period. Fractures can also result in permanent mobility issues or chronic pain.
Spinal cord injuries: Damage to the spine can result in partial or complete paralysis. In addition to causing significant physical limitations, spinal injuries often lead to long-term medical expenses and the need for home care or adaptive living arrangements.
Lacerations and bruises: While these may seem minor, deep cuts and extensive bruising can lead to complications, including infection or permanent scarring. In some cases, skin grafts or reconstructive surgery may be necessary.
Internal injuries: Damage to internal organs such as the liver, kidneys, or lungs can result from blunt force trauma. These injuries are particularly dangerous because they might not be immediately apparent but can quickly become life-threatening if not treated promptly.
Pedestrian Accident Statistics in Texas
Pedestrian accidents are a growing issue across Texas, with urban areas like Austin seeing a rise in both frequency and severity. Various factors contribute to this alarming trend, including increased traffic congestion, inadequate pedestrian infrastructure, and distracted driving. In 2022, more than 5,700 pedestrian crashes occurred in the state, resulting in hundreds of fatalities and thousands of serious injuries. The rise in pedestrian fatalities—up 30% between 2018 and 2022—illustrates the increasing danger pedestrians face on Texas roads. These statistics highlight the importance of understanding the risks and taking steps to protect both drivers and pedestrians.
Common Causes of Pedestrian Accidents
Understanding the causes of pedestrian accidents is crucial for both prevention and legal action. Some of the most common causes include:
Distracted driving: Texting, talking on the phone, and other distractions are leading contributors to pedestrian accidents. When drivers fail to pay attention to their surroundings, they can easily overlook pedestrians crossing the road or walking near traffic.
Speeding: The faster a vehicle is traveling, the more severe the impact will be if an accident occurs. Speeding drivers have less time to react, making it more difficult to avoid a collision. Speed-related accidents often result in more serious injuries or fatalities.
Failure to yield at crosswalks: Even when pedestrians have the right of way, many drivers fail to stop or slow down at crosswalks. This can be especially dangerous in busy urban areas where pedestrians are frequently crossing.
Poor lighting: Many pedestrian accidents occur at night or in poorly lit areas. When visibility is low, drivers may not see pedestrians until it’s too late to avoid a collision.
Driver intoxication: Alcohol and drug impairment significantly increase the likelihood of accidents. Impaired drivers are more prone to making poor decisions, reacting slower, and failing to notice pedestrians.
Safety Tips for Pedestrians
Although drivers are responsible for avoiding accidents, pedestrians can take steps to reduce their risk of injury. These precautions can help you stay safe while walking in areas with vehicle traffic:
Use crosswalks: Always cross at designated crosswalks and obey traffic signals. Crossing in unmarked areas increases your risk of being hit by a vehicle.
Make eye contact with drivers: Before stepping into the street, make sure the approaching driver has seen you. Eye contact ensures that they are aware of your presence and plan to yield.
Wear reflective clothing at night: Bright or reflective clothing helps increase your visibility to drivers, especially in low-light conditions. If walking at night, consider using a flashlight or other light source.
Stay alert: Avoid distractions like using your phone or wearing headphones when crossing the street or walking near traffic. Staying focused helps you react to potential dangers more quickly.
Compensation for Injured Pedestrians
If you’ve been injured in a pedestrian accident, you have the right to seek compensation for the damages you’ve suffered. This includes:
Medical expenses: Pedestrian accidents often result in significant medical costs, including emergency care, surgeries, hospital stays, rehabilitation, and ongoing treatment. You can seek compensation for both past and future medical expenses related to your injury.
Lost wages: If your injuries prevent you from working, you may be entitled to compensation for lost income. This can include both the wages you missed while recovering and any reduction in your earning capacity if your injury prevents you from returning to your previous job.
Pain and suffering: Beyond the financial costs, pedestrian accidents cause emotional and physical pain. Compensation for pain and suffering accounts for the long-term impact the accident has on your quality of life.
Emotional distress: Serious accidents can cause anxiety, depression, and other forms of emotional trauma. You may be able to recover damages for the psychological toll the accident has taken on you.
Legal Process After a Pedestrian Accident
Taking immediate legal action after a pedestrian accident can help preserve your rights and ensure that you receive the compensation you deserve. Here’s what you should do after the accident:
Seek medical care: Even if you don’t think your injuries are severe, getting medical attention immediately is critical. Some injuries, like internal damage or head trauma, may not be apparent right away but can become more serious if left untreated.
Report the accident: Contact law enforcement and file a police report. An official report is essential for building a strong personal injury claim.
Gather evidence: If possible, document the scene by taking photos and getting contact information from any witnesses. This evidence can help prove fault in your case.
Consult an attorney: Navigating the legal system alone can be overwhelming, especially while you’re recovering from an injury. Consulting with an experienced personal injury attorney can help you understand your rights, file your claim, and deal with the insurance companies.
How Compensation is Determined
The compensation you can receive for your injuries depends on several key factors:
Severity of injuries: The more serious your injuries, the higher your potential compensation. This includes both immediate medical needs and long-term care or rehabilitation.
Medical expenses: Compensation includes covering the cost of treatments you’ve already received, as well as any future medical needs related to the injury.
Lost income: If your injury prevents you from working, you may be entitled to compensation for lost wages or reduced earning capacity in the future.
Dealing With Insurance Companies
Insurance companies often aim to reduce their financial liability by offering low settlements or disputing the severity of injuries. Having a personal injury attorney on your side ensures that your claim is properly handled, and you aren’t pressured into accepting a settlement that doesn’t fully cover your losses. An attorney can negotiate with the insurance company to seek a fair settlement or take your case to court if necessary.
Contact An Experienced Pedestrian Accident Lawyer in Austin, TX for a Free Consultation
Our firm has earned a respected reputation over our years in the courtroom. Our pedestrian accident lawyers always fight for clients’ rights. We reject unfair settlements. We understand the real economic impact. Our personal injury lawyers put our clients first, and we know how much these cases mean to them. If drivers are going to keep putting people in danger, we’re going to keep fighting for justice.
We do so with honesty, integrity, and an endless commitment to excellence. Byrd Davis Alden & Henrichson, LLP has been around since 1959 and our experience plays a huge role in every case. As dedicated advocates for pedestrian accident victims throughout Texas, reach out to the experienced Austin pedestrian accident attorneys at Byrd Davis Alden & Henrichson LLP. Call or send us an email to get in touch.
