In accidents where a motor vehicle collides with a pedestrian, it is always the pedestrian who suffers the more serious injuries. This is because, unlike motor vehicle drivers and passengers, pedestrians do not have any kind of shell or outer covering surrounding them at the time of an accident. Rather, pedestrians have direct exposure to vehicles and the ground.
When a collision with a motor vehicle happens, the pedestrian could easily fall to the pavement—or into another object—and suffer serious and often permanent injuries. Some pedestrian accidents can even wind up being fatal.
If you or a person you love suffered injuries in a pedestrian accident that occurred because of a motor vehicle driver’s recklessness, carelessness, or negligence, the knowledgeable Brownsville pedestrian accident lawyers at Kenny Perez Law can assist. Our entire legal team weighs in on every case, which can only improve our representation of injured pedestrians.
We can investigate your accident for you and file a claim with the at-fault driver’s insurance company on your behalf. In addition, we can help you pursue the compensation for your injuries that you need for you to have full financial recovery. Please speak with us today to discover more about how we could assist you with each step of your Brownsville pedestrian accident case.
Where Do Pedestrian Accidents Typically Occur in Brownsville?
Downtown Brownsville and any other location where there is heavy traffic, intersections, and crosswalks tend to be dangerous places for pedestrians. This is because motor vehicle drivers—especially in busy downtown areas—are often in a hurry to get to their final destination. In the process, they may fail to see a pedestrian and negligently collide with him or her.
In addition, Downtown Brownsville has numerous parking garages and parking lots for locals and visitors to the area. Although these parking areas are convenient for drivers, they can present a hazard for pedestrians.
Some of the most common areas for pedestrian accidents in Brownsville include:
- Parking lots
- Parking garages
- Traffic intersections (even those that have crosswalks)
- Busy streets
- Parks and other recreational areas
If you or a person you love has been the victim of a pedestrian accident in one of these areas, you must pursue the financial compensation that you need for your injuries as efficiently as possible.
The Brownsville pedestrian accident lawyers at Kenny Perez Law will ensure that your injury insurance claim or lawsuit proceeds in a timely and efficient manner. We can also assist with pursuing a favorable monetary settlement on your behalf with the at-fault driver’s motor vehicle insurance company.
A Brownsville Motorcycle Accident Lawyer Answers Your Questions
Many Texas residents are shocked to learn we lose nearly two lives every day as a result of collisions on our roadways. Across the state, nearly 13,000 collisions annually result in serious injuries. Cars strike pedestrians in Brownsville crosswalks, on sidewalks, or navigating around busy parking lots. When you are an injured pedestrian or lose a loved one who was walking in Brownsville, you probably have some questions. Here are answers to some of the most common questions we get when a collision involves a pedestrian.
What Should Someone Do Immediately Following a Pedestrian Accident?
When someone is struck by a motor vehicle as a pedestrian, the first thing to be concerned about is their health. Contacting law enforcement to get to the scene immediately is important, but the first thing to do is ensure you are a safe distance from other traffic.
Pedestrians need to find out what types of injuries they have as well and should seek immediate medical attention. If there is no response by an emergency medical team, pedestrians should get to the closest emergency room.
Should I Take Any Other Action at the Scene?
Yes, if you are physically able to do so, you should obtain the name and contact information of the person who struck you, obtain contact information for anyone who may have witnessed the collision, and take photographs if possible. Depending on the extent of your injuries, you may have to wait to obtain some of this information from the police report, particularly if you are taken away by ambulance.
Do I Really Need Medical Care? I Do Not Think My Injuries Are Serious.
You need to see a doctor even if you believe your injuries are minor. Pedestrians may have internal injuries, suffer a head injury, or may simply have an adrenaline rush from the fear and shock of being struck. Always seek medical attention so you are certain your injuries are not more serious than you can readily identify.
What If My Injuries Are More Serious or My Child Was Injured?
Once you have determined your injuries are serious, or your child was injured, you have the right to file an insurance claim against the party responsible for your financial losses. However, before you make that call to the insurance company, you should speak with a lawyer who has experience handling pedestrian injury cases. You want a competent attorney on your side.
Why Do I Need an Attorney on My Side?
Remember, insurance companies typically do not like to pay claims if they do not have to. The best reason to reach out to a lawyer with experience in handling pedestrian accidents is to protect yourself—a lawyer can handle negotiations on your behalf and make sure you are not taken advantage of by insurers who are interested in minimizing your claim.
What Damages Are Available For Injured Brownsville Pedestrians?
In most cases, the economic losses you could potentially request in a settlement include:
- Medical care – Even if you have insurance, you may be paying out of pocket for treatment following a pedestrian accident. You may require expensive prescription drugs for pain or infection that insurance won’t cover. You may have other out-of-pocket costs which the liable party should be paying for—you should not have the financial burden of paying these costs yourself when you were not at fault.
- Lost wages – You could be out of work for weeks or months following an accident where you were a pedestrian. Your lost wages can be part of the settlement you ask to be compensated for when filing an insurance claim. Even when you have disability insurance through your employer, chances are you will still face a delay before you can collect this compensation. In the meantime, you may need to use vacation or sick days—and if someone else injured you, they should compensate you for it.
- Other expenses – If you lost a loved one in a pedestrian accident, you may also be able to collect compensation for funeral and burial expenses. While money cannot replace your loved one, you should not have to bear the financial burden associated with your loss.
How Is Negligence Determined in a Pedestrian-Vehicle Accident?
Many factors may play a role in determining who is liable for your injuries. The motorist who struck a pedestrian in a crosswalk may be to blame, or the driver behind them may be at fault. Remember, police reports can help determine who is responsible for any accident, but in a more complicated scenario, liability gets harder to prove—which is why you should seek guidance from an attorney.
How Soon Should I File a Personal Injury Claim Following a Pedestrian Injury?
Under Texas law, you have two years to file a personal injury claim or a wrongful death lawsuit. However, remember, the first steps to take are to determine who is at fault and what insurance coverage they had. Negotiating with insurance company adjusters takes time and the last thing you want to do is jeopardize your legal rights.
How Long Should it Take to Settle a Pedestrian Accident Case?
That depends largely on how the insurance company handles your claim. The goal of your attorney will be to resolve the case to your satisfaction with the insurance company. However, if the insurance company denies your claim or insists on offering you less than you deserve, you may need to go to trial to get adequate compensation for your injuries.
The Adjuster Keeps Calling Me—What Do I Tell Them?
Once you have contacted a Brownsville pedestrian accident lawyer, refer all calls from an insurer to them. Let your attorney handle negotiations and let them negotiate on your behalf. Do not answer any questions and use caution when speaking with an adjuster. Above all else, do not sign any documents you get in the mail without consulting with your lawyer.
Pedestrian accidents turn your life upside down—whether you suffered a serious injury, your child was injured, or you lost a loved one, contact our pedestrian accident attorneys immediately to protect your rights and find out your legal options.
What Are Some Common Causes of Pedestrian Accidents?
Pedestrian accidents in and around Brownsville, Texas, can occur for a variety of reasons, but one of the most common causes is driver negligence and recklessness. Many of these accidents occur simply because a driver is not giving proper care and attention to the roadway in front of him or her. Negligent driving can take many different forms. In some cases, it involves disregarding the rules of the road, such as failing to yield the right of way to a pedestrian who is lawfully present in an intersection crosswalk. At other times, it involves grossly exceeding the speed limit or violating some other traffic law.
Distracted driving, especially around intersections or in parking lots and parking garages, can cause a pedestrian accident. Distracted driving occurs when a driver pays more attention to an electronic device or some other distraction instead of the roadway. For example, the driver might have his or her head turned for a second or two. A pedestrian accident can occur in this short time.
Finally, some pedestrian accidents occur because of drunk or otherwise intoxicated driving. Alcohol and other intoxicants severely limit a driver’s reaction time and vision. When a driver operates his or her vehicle while under the influence of alcohol or drugs, the driver may not stop in time to avoid colliding with the pedestrian who is on or near the roadway. Alcohol might also impair the driver’s vision, such that he or she can’t see the pedestrian or gauge the distance between his or her vehicle and the pedestrian.
As the victim of a pedestrian accident, you have the legal burden of proof. Therefore, you must demonstrate that it is more likely than not that another driver did something wrong and that this negligence resulted in the accident. You must also demonstrate that you suffered injuries in the accident and that your injuries resulted from the accident. An experienced Brownsville pedestrian accident lawyer at Kenny Perez Law can assist you with proving these legal elements and pursuing the damages you deserve.
What Monetary Damages Can I Pursue and Recover Following a Brownsville Pedestrian Accident?
If you can prove the legal elements of your pedestrian accident claim, you could recover monetary compensation and damages for your pedestrian accident injuries. First of all, you could recover compensation for all of your related medical bills and any wages that you may have lost from not working after your accident.
In addition to these out-of-pocket costs, you could pursue compensation for non-economic damages, including the value of your inconvenience, pain, and suffering. If your pedestrian accident injuries limited your ability to use a body part or spend time with family members, you could present a loss of use claim and/or a claim for loss of enjoyment of life. Lastly, if your pedestrian accident injuries limited your ability to be physically intimate with your spouse, you could file a claim for loss of spousal companionship and consortium.
The knowledgeable Brownsville personal injury attorneys at Kenny Perez Law can help you recover the damages you deserve for your pedestrian accident injuries.
Call an Experienced Brownsville Pedestrian Accident Lawyer About Your Legal Matter Today
The knowledgeable attorneys at Kenny Perez Law can assist you throughout your pedestrian accident case. For a free case evaluation and legal consultation with a Brownsville pedestrian accident attorney, please call us at (956) 544-9292 or contact us online today for more information.
Kenny Perez Law
847 E. Elizabeth Street
Brownsville, Texas 78520
“Definitely a law firm that you can trust! Professional, reasonable, and knowledgeable. The legal team has great customer service skills. They were able to help and guide us every step of the way after our accident.” – Cynthia Barrera
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