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When you’ve been injured in an accident due to someone else’s negligence, you have the right to seek damages for your injuries. We work hard to protect that right and secure the maximum settlement available.
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Potential Compensation for Pedestrian Accident Injuries in Midland
Due to the nature of pedestrian accidents, they often result in severe injuries or even wrongful death. This means the financial, emotional, and physical impacts tend to be more substantial than in other personal injury cases. When the damages are substantial, so should be the compensation for the victim.
Below is a general outline of the potential damages in pedestrian accident cases, which you may be compensated for.
Economic damages are compensation for tangible financial losses resulting from the accident. These damages are typically easy to calculate.
Common examples of economic damages include:
- Lost Wages and Earning Capacity: If your injuries prevent you from working, compensation can cover both lost wages and future lost earnings if your ability to earn money is permanently affected.
- Medical Expenses: Hospital stays, surgeries, medications, physical therapy, ongoing rehabilitation, etc.
Non-economic damages are compensation for intangible losses suffered as a result of the accident. These damages are typically more difficult to calculate.
Common examples of non-economic damages include:
- Loss of Quality of Life: If the injuries lead to long-term disability, disfigurement, or chronic pain, you may receive compensation for a reduced quality of life.
- Pain and Suffering: Compensation for the physical pain and emotional distress due to the accident. The total compensation may vary depending on severity of injuries and the impact on your life.
Punitive damages are intended to penalize the defendant for especially reckless or egregious behavior leading to the accident. These damages are not tied to any specific losses suffered by the victim.
Punitive damages are less common, and typically are only awarded in cases involving gross negligence or intentional harm. Your lawyer will be able to determine if punitive damages may apply to your case.
Texas Pedestrian Accident Law
Here’s a general overview of the most important laws to understand if you’re dealing with a pedestrian accident injury in Midland. If you have any further questions regarding these laws or how they apply to your unique case, please contact our pedestrian accident attorneys today.
Right-of-Way Rules
In Texas, pedestrians usually have the right of way at all marked crosswalks and intersections with traffic signals. However, if you were crossing the street at a point that is not a crosswalk or against the signal, the law requires you to yield to vehicles. These laws will help determine who might be at fault in the accident (Texas Transportation Code Chapter 552 - Pedestrians).
Comparative Negligence
Texas law uses “proportionate responsibility” in pedestrian accidents (Texas Civil Practice and Remedies Code, Chapter 33). This means that if you were partly at fault for the accident, your compensation might be reduced by your percentage of fault.
For example, say you were crossing the road not using a crosswalk when you were hit by the vehicle. This means you are likely to share fault in the accident. For the sake of the example, let’s say it is determined that you are 25% responsible for the accident. This means your total compensation will be reduced by 25% ($100,000 total compensation, while being 25% at fault, means you would receive $75,000).
If you are found to be 51% or more at fault for the accident, you cannot recover any compensation.
Statute of Limitations
The statute of limitations is the time limit you have to file a lawsuit for your injuries.
In Texas, the statute of limitations for pedestrian accident cases is typically 2 years from the date of the accident (Texas Civil Practice and Remedies Code, Chapter 16). Some exceptions may extend this deadline.
Missing this deadline can prevent you from being able to pursue compensation, so it’s very important to be proactive and file your lawsuit on time. An Odessa pedestrian injury lawyer will be able to help ensure your lawsuit is filed correctly and on time.
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Common Causes of Pedestrian Accidents
Vehicle collisions with pedestrians can happen for a variety of reasons, often including negligence on either the driver’s or pedestrian’s behalf, or external circumstances.
Here are some of the most common causes of pedestrian accidents:
- Distracted driving (texting, eating, etc.)
- Speeding
- Failure to Yield the Right-of-Way
- Ignoring Traffic Signs/Signals
- Left-Hand Turns
- Backing-Up Accidents
- Poor Visibility (weather, poor lighting, etc.)
- Alcohol or Drug Impairment
- Road Rage or Aggressive Driving
- Infrastructure Issues (lack of proper pedestrian pathways, crosswalks, sidewalks, poor road condition/design, etc.)
Common Injuries in Pedestrian Accidents
Pedestrian accidents can lead to a wide range of injuries, many of which can be severe due to the vulnerability of pedestrians compared to motor vehicles.
Here are some of the most common injuries from pedestrian accidents:
- Head injuries
- Spinal cord injuries
- Broken bones
- Internal injuries
- Lacerations and abrasions
- Soft tissue injuries
- Facial injuries
- Crush injuries
- Psychological injuries (PTSD, anxiety, depression, emotional trauma, etc.)
How Our Midland Pedestrian Accident Attorneys Can Help
Navigating the aftermath of a pedestrian accident can be overwhelming. The legal processes can be complex, and navigating it while dealing with injuries and financial pressures can be difficult to do alone.
Our Midland pedestrian accident lawyers provide professional legal guidance and representation through these processes to provide some peace of mind for you while dealing with these difficult times.
Here’s what our pedestrian accident law firm can do for you:
- Thorough evaluation of your claim to estimate the full extent of damages and determine the optimal path forward.
- Independent investigation and evidence collection to build the strongest case possible.
- Filing of all paperwork necessary for the case, ensuring everything is done correctly and on time.
- Skilled settlement negotiation on your behalf to ensure you are adequately compensated for your injuries and related damages.
- Representation in court, if needed.
