Odessa Pedestrian Accident Lawyer

Understanding Odessa Pedestrian Accidents

Pedestrian accidents are when a person is struck or involved in an accident, without having been in a vehicle themselves. These accidents can happen in many ways: walking, jogging, just crossing the street, etc. Because pedestrians are far more exposed than someone in a vehicle, injuries from pedestrian accidents are often significant.

Common Pedestrian Accident Injuries

Some common injuries in pedestrian accidents include:

• Broken bones
• Head injuries
• Cuts and bruises
• Back and spinal injuries
• Crushing injuries
• Wrongful death

How Pedestrian Accident Injuries Happen

Pedestrian accidents are a significant concern in urban and suburban areas, where vehicle and foot traffic share a lot of the same space. The cause of any accident also has a substantial effect on your personal injury claim. For example, if your accident is determined to have been caused by a vehicle’s mechanical failure, the vehicle manufacturer may be found responsible, instead of the driver.

Below you’ll find some of the most common causes of pedestrian accidents:

• Traffic Law Violations: One of the primary causes of pedestrian accidents is traffic law violations. Drivers who ignore speed limits, fail to yield at crosswalks, or disobey traffic signals significantly increase the risk of colliding with pedestrians.
• Distracted Driving: Distracted driving, including the use of mobile phones, eating, or any activity that takes the driver’s attention away from the road, is another major contributor to pedestrian accidents.
• Poor Road Conditions: Poor road conditions, such as inadequate lighting, lack of sidewalks, hazardous road surfaces (potholes, loose gravel, standing water, oil, worn/faded road markings, etc.), or poorly designed intersections, can lead to pedestrian accidents.
• Mechanical Failures: Vehicle mechanical failures, though far less common, can be a factor in pedestrian accidents. Mechanical failures like brake failure, steering issues, tire failure, or other mechanical problems can lead to a loss of control and lead to a pedestrian accident.

Do You Have a Case?

If you’re thinking about a legal claim, we can help you figure out if you have a case. Contact the Odessa pedestrian accident attorneys at Braker White for a free case review. Remember, it’s important to act quickly, as there are time limits in place for filing a claim.

Proving Liability in a Pedestrian Accident Claim

Establishing liability is a fundamental component in a pedestrian accident claim. To successfully navigate your case, you must demonstrate four key elements: duty of care, breach of duty, causation, and damages.

1. Duty of Care: We start by proving that the defendant had a legal responsibility to act reasonably and avoid causing harm. For motorists, this includes obeying traffic laws and being vigilant of pedestrians.
2. Breaching Duty of Care: Next, we need to establish that the defendant failed to uphold their duty. This could involve actions like speeding, distracted driving, or failing to yield to a pedestrian.
3. Causation: The third step involves linking the defendant’s breach of duty directly to your accident. We’ll demonstrate how their negligence was the primary cause of the incident.
4. Damages: Finally, we’ll quantify the impact of the accident on your life. This includes tangible losses such as medical expenses, lost wages, and property damage, as well as intangible damages like pain and suffering.