Have you or a loved one recently been injured in a pedestrian accident? Our team of experienced pedestrian accident attorneys is here to assist you during this difficult time. Contact the Edwards Law Firm today to schedule a free consultation. Motor vehicle accidents often lead to severe injuries and significant property damage for those involved. Pedestrians and bicyclists, in particular, are at greater risk of sustaining severe injuries when struck by a vehicle due to the lack of protection. Many of these accidents stem from driver negligence.
Victims may pursue legal action against negligent drivers to seek financial compensation for their losses in such cases. Injured pedestrians or bicyclists must seek guidance from an experienced attorney who specializes in these types of cases to ensure their rights are protected and their damages are appropriately addressed.
At The Edwards Law Firm, we specialize in various personal injury cases and have a successful track record of securing compensation for injury victims harmed by negligent drivers or others. With over a century of combined legal experience, our attorneys possess deep knowledge of car accident laws and injury claims, guiding our clients through every step of the process. Suppose you've been injured in a pedestrian or bicycle accident. In that case, our McAllen pedestrian accident lawyers are committed to tirelessly advocating for your full recovery until you receive the justice you deserve.
Common Causes of McAllen Pedestrian Accidents
Pedestrian accidents in McAllen can occur due to various factors, but some of the leading causes include:
Failure to Yield Drivers failing to yield the right-of-way to pedestrians at crosswalks or intersections is a common cause of accidents. Disregarding traffic signals or pedestrian crossings puts pedestrians at significant risk of being struck.
Distracted Driving Distracted driving is a significant contributor to pedestrian accidents. Drivers preoccupied with mobile phones, navigation systems, or other distractions may not notice pedestrians crossing the street, which can lead to dangerous collisions.
Speeding
Excessive speed dramatically reduces a driver's ability to stop quickly for pedestrians, especially in areas with heavy foot traffic. Speeding not only increases the likelihood of an accident but also the severity of injuries if a collision occurs.
Impaired Driving Drivers under the influence of alcohol or drugs have impaired judgment and slower reaction times, significantly increasing the likelihood of striking pedestrians. Impaired driving is a leading cause of serious pedestrian accidents.
Pedestrian Negligence Pedestrians can also contribute to accidents when they do not use crosswalks, cross against traffic signals, or are distracted while walking. Such negligence increases the risk of being hit by a vehicle.
Poor Visibility Low visibility conditions, such as nighttime or inclement weather, make it harder for drivers to see pedestrians. In these situations, the risk of accidents increases as drivers struggle to spot pedestrians in time to avoid a collision.
Turning Vehicles Accidents often occur when drivers making turns fail to see pedestrians crossing in their path, particularly when making right turns at intersections. This common oversight can lead to dangerous and sometimes fatal accidents.
Lack of Infrastructure Inadequate crosswalks, poorly designed intersections, and insufficient pedestrian signals contribute to accidents by failing to provide safe crossing opportunities for pedestrians. Proper infrastructure is essential for minimizing pedestrian-related accidents.
Identifying the causes of pedestrian accidents is crucial for implementing effective safety measures and reducing the risk of injuries. Both drivers and pedestrians must exercise caution, follow traffic laws, and remain vigilant to prevent accidents and promote road safety.
How Can I Collect Compensation After a McAllen Pedestrian Accident?
If you've been involved in a pedestrian accident in McAllen and are seeking compensation for your injuries and damages, here are steps you can take to help collect compensation:
Seek Medical Attention: Your health and safety are the top priority. Seek immediate medical attention for any injuries sustained in the accident. Prompt medical care not only ensures your well-being but also creates documentation of your injuries, which is crucial for your claim.
Gather Evidence: Collect as much evidence as possible from the accident scene. This may include:
Contact information and statements from witnesses.
Photos or videos of the accident scene show vehicle positions, road conditions, and any relevant traffic signals or signs.
A police report detailing the incident and documenting any citations issued to the driver.
Document Damages: Keep records of all medical expenses related to your injuries, including hospital bills, doctor's visits, medications, and therapy costs. Also, document any lost wages if your injuries have prevented you from working.
Contact a Lawyer: Consider consulting with a pedestrian accident lawyer in McAllen. A lawyer can assess your case, advise you on your legal rights, and help determine liability for the accident. They can also negotiate with insurance companies on your behalf to ensure you receive fair compensation.
File an Insurance Claim: Notify the driver's insurance company about the accident and file a compensation claim. Provide them with the necessary documentation, such as medical records, bills, and evidence of damages. Be cautious when speaking with insurance adjusters and avoid admitting fault or signing any settlement offers without consulting your attorney.
Consider Legal Action: If a fair settlement cannot be reached through insurance negotiations, your attorney may recommend filing a lawsuit against the at-fault driver. Through litigation, you can seek compensation for medical expenses, lost wages, pain and suffering, and other damages resulting from the accident.
Navigating the aftermath of a pedestrian accident can be complex and overwhelming. Working with an experienced McAllen pedestrian accident lawyer can provide you with the guidance and advocacy needed to pursue the compensation you deserve while focusing on your recovery.
Recoverable Compensation After a McAllen Pedestrian Accident
After a pedestrian accident in McAllen, you may be eligible to recover various forms of damages, depending on the circumstances of your case. These can include:
Medical Expenses Medical expenses encompass both current and future medical bills related to your injuries, including costs for hospitalization, surgeries, doctor's visits, medications, rehabilitation, and therapy. These expenses can be substantial and are essential components of any compensation claim.
Lost Income If your injuries prevent you from working, you may be entitled to compensation for lost wages. Additionally, if your injuries result in long-term or permanent disability, you may also seek compensation for any potential future earnings you might miss due to your recovery or inability to work.
Pain and Suffering Pain and suffering refer to non-economic damages that compensate for the physical pain, emotional distress, mental anguish, and loss of enjoyment of life resulting from the accident and your injuries. These damages address the broader impact of the accident on your overall well-being.
Disability and Impairment Compensation for disability and impairment covers any permanent disability, disfigurement, or loss of function resulting from the accident. These damages recognize the long-term effects on your ability to perform daily activities or continue working, significantly impacting your quality of life.
Loss of Consortium If your injuries affect your relationships with loved ones, your spouse or family members may seek compensation for the loss of companionship, guidance, and support. Loss of consortium addresses the emotional and relational impact of the accident on your family life.
Punitive Damages Punitive damages may be awarded in cases where the at-fault party’s actions were egregiously negligent or involved intentional misconduct. These damages are meant to punish the wrongdoer and deter similar behavior in the future, going beyond mere compensation for losses.
Wrongful Death Damages If a pedestrian accident results in the death of a loved one, surviving family members may pursue wrongful death damages. These damages can cover funeral and burial expenses, loss of financial support, and loss of companionship, providing some measure of relief in the aftermath of a tragic loss.
To accurately assess and quantify these damages, it's essential to consult with an experienced McAllen pedestrian accident lawyer. They can evaluate your case, gather necessary evidence, and advocate on your behalf to ensure you receive fair compensation for the physical, emotional, and financial impacts of the pedestrian accident.
Do I Need Legal Representation if I Was Injured as a Pedestrian?
If you were injured as a pedestrian in an accident, it's highly advisable to seek legal representation from an experienced McAllen personal injury attorney. While it is not legally required, it is in your best interest. Here are several reasons why having a lawyer can be crucial in your situation:
Understanding of Laws and Rights: A knowledgeable attorney understands pedestrian laws in McAllen and Texas, including who has the right-of-way, pedestrian responsibilities, and driver obligations. They can assess your case based on these legal principles to determine liability and your potential for compensation.
Investigation and Evidence Gathering: Lawyers have the resources and expertise to conduct thorough investigations into your accident. They can gather evidence such as witness statements, accident reports, surveillance footage, and expert opinions to build a strong case on your behalf.
Negotiation with Insurance Companies: Dealing with an insurance company can be difficult, as they often attempt to minimize claims or deny liability entirely. A lawyer can handle all communications with insurance adjusters, negotiate for a fair settlement, and ensure your rights are protected throughout the process.
Maximizing Compensation: Personal injury attorneys are skilled in assessing the full extent of your damages, including medical expenses, lost wages, pain and suffering, and future care needs. They work to maximize the compensation you receive to cover these losses effectively.
Litigation Experience: If a fair settlement cannot be reached through negotiations, your attorney can represent you in court. They will prepare your case for trial, present evidence, and advocate for your rights before a judge and jury.
Peace of Mind: Having legal representation allows you to focus on your recovery without the stress of navigating complex legal procedures and negotiations on your own.
Pedestrian accidents can result in severe injuries and significant financial burdens. By consulting with a skilled McAllen pedestrian accident lawyer, you can receive guidance tailored to your specific case and increase your chances of obtaining the compensation you deserve for your injuries and damages.
How Can I Stay Safe as a Pedestrian in McAllen?
Staying safe as a pedestrian in McAllen involves a combination of awareness, adherence to traffic laws, and proactive safety measures. Here are some tips to help ensure your safety:
Be Visible To enhance your visibility, especially at night or during low-light conditions, wear bright colors or reflective clothing. Carrying a flashlight while walking at night not only helps you see but also ensures that drivers can see you, reducing the risk of accidents.
Follow Traffic Rules Always use crosswalks or designated intersections to cross streets, as these are areas where drivers expect to see pedestrians. Obey pedestrian signals and only cross when it is safe, following the traffic rules to protect yourself and others.
Stay Alert Avoid distractions such as using your phone or wearing headphones while walking. Staying focused on your surroundings is crucial for safety. Additionally, making eye contact with drivers before crossing ensures that they see you and are prepared to stop.
Walk on Safe Routes Whenever possible, use sidewalks to stay out of the roadway. If sidewalks are not available, walk facing traffic so you can see oncoming vehicles. Choosing routes with less traffic and better pedestrian infrastructure also contributes to a safer walking experience.
Be Cautious at Intersections Even if you have the right of way, always look left, right, and left again before crossing an intersection. Do not assume drivers will stop for you—wait for a safe gap in traffic before proceeding to cross.
Use Pedestrian Signals At signalized intersections, press the pedestrian button and wait for the walk signal before crossing. Once it is safe, cross quickly and do not linger in the street to minimize exposure to traffic.
Advocate for Pedestrian Safety Take an active role in pedestrian safety by reporting any dangerous intersections, broken signals, or poor lighting to local authorities. Additionally, participating in or supporting community initiatives to improve pedestrian infrastructure can contribute to safer walking environments.
General Safety Tips Be predictable in your movements by walking in a straight line and avoiding sudden changes in direction, which can confuse drivers. When walking with children, teach them pedestrian safety rules and supervise them closely to ensure they follow safe practices.
By following these guidelines, you can reduce your risk of accidents and enhance your safety as a pedestrian in McAllen.
Do McAllen Pedestrians Always Have the Right-of-Way?
In McAllen, as in most places, pedestrians generally have the right-of-way in designated crosswalks or at intersections where there are no traffic signals or where signals are not in operation. However, pedestrians must exercise caution and use crosswalks where provided. It's important to note that pedestrians only sometimes have the right-of-way if they are crossing outside of a crosswalk or intersection where there are traffic signals directing vehicular traffic. In such cases, pedestrians are expected to yield to vehicular traffic unless otherwise directed by traffic control devices.
Understanding local traffic laws and exercising caution when crossing roadways is essential for both pedestrians and drivers to ensure safety and prevent accidents. If you have questions about pedestrian rights or have been involved in a pedestrian accident in McAllen, consulting with a knowledgeable McAllen pedestrian accident lawyer can provide clarity and guidance on your legal options.
Where Do McAllen Pedestrians Have the Right-of-Way?
In McAllen, pedestrians generally have the right-of-way in the following situations:
Crosswalks
Pedestrians have the right-of-way in clearly marked crosswalks, typically found at intersections and sometimes mid-block, where drivers are expected to stop or yield to allow safe crossing. Even at intersections without marked crosswalks, pedestrians still maintain the right-of-way in the imaginary extension of the sidewalk across the street, requiring drivers to yield to those crossing at these unmarked intersections.
Intersections
At signalized intersections, pedestrians have the right-of-way when crossing with a green signal or a pedestrian walk signal. Similarly, at intersections controlled by stop signs, pedestrians have the right-of-way over vehicles that must stop before proceeding, ensuring safe crossing for those on foot.
Sidewalks and Driveways
Vehicles must yield to pedestrians on sidewalks, ensuring their safety as they walk. Similarly, drivers entering or exiting driveways are required to yield to pedestrians on the sidewalks, giving them the right-of-way to continue walking without interruption.
Special Circumstances
In designated school zones, pedestrians have the right-of-way, particularly where crossing guards are present to ensure their safety. Additionally, drivers must always yield the right-of-way to blind pedestrians, identified by using a white cane or being accompanied by a guide dog.
Texas State Law
Texas Transportation Code provides guidance on pedestrian right-of-way:
Sec. 552.002. Pedestrian Right-of-Way at Crosswalk: Drivers must yield to pedestrians in crosswalks if there are no traffic signals.
Sec. 552.003. Pedestrian Right-of-Way if Control Signal Present: Pedestrians must obey pedestrian control signals, but drivers must yield to pedestrians who have lawfully entered the crosswalk on a "Walk" signal.
Sec. 552.006. Use of Sidewalks: Where sidewalks are provided, pedestrians should use them and not walk on the adjacent roadway.
By understanding where pedestrians have the right-of-way and exercising caution, both pedestrians and drivers can contribute to safer streets in McAllen.
What Steps Should I Take After Being Struck by a Vehicle?
Being struck by a vehicle is a traumatic experience, and knowing what steps to take immediately after the incident can help ensure your safety, health, and legal rights. Here are the steps you should follow:
Immediate Actions and Medical Attention After an accident, your first priority should be to seek safety by moving to a location out of the flow of traffic to avoid further injury. Once safe, call 911 to report the incident, providing your location, details of the accident, and any injuries sustained. Even if you feel fine, it’s crucial to get a medical evaluation, as some injuries may not be immediately apparent. Following the treatment plan provided by medical professionals and keeping records of all medical visits and treatments is essential for your recovery and any potential legal claims.
Gathering Information and Legal Steps After ensuring your safety and addressing medical concerns, gather information at the scene. Exchange details with the driver, including their name, contact information, insurance details, and vehicle information. Document the accident scene by taking photos of your injuries, the vehicle involved, and any relevant traffic signs or signals. Additionally, contact information must be collected from witnesses who saw the accident. It’s essential to file a police report and get the report number and the responding officers’ names. Contact your insurance company to inform them about the accident and provide all necessary details. If you’ve sustained significant injuries or there is a dispute about fault, consulting a personal injury attorney can help you navigate the complexities of your case.
Documentation and Post-Accident Care Maintaining detailed records of all medical treatments, expenses, time off work, and communications with insurance companies and legal representatives is crucial. Continue with any necessary follow-up medical appointments and physical therapy, and don’t overlook the need for mental health support if you experience emotional or psychological trauma. Monitor your health for any delayed symptoms or complications and seek medical advice promptly. If legal proceedings become necessary, work closely with your attorney to understand your rights and potential compensation. By following these steps, you can address your immediate health needs, gather essential information for any future legal or insurance claims, and take necessary actions to protect your long-term well-being and rights.
By following these steps, you can ensure that you address your immediate health needs, gather essential information for any future legal or insurance claims, and take necessary actions to protect your long-term well-being and rights.
Talk to a McAllen Pedestrian Accident Lawyer
At the Edwards Law Firm, our skilled McAllen pedestrian accident lawyers recognize that many pedestrians in Texas are injured due to reckless drivers. Victims shouldn't have to bear the aftermath of such accidents alone.
Fortunately, they don't have to. We are committed to assisting you in filing a legal claim against the negligent driver responsible for an accident involving you or your loved one.
To schedule a free consultation, call us at 361-320-6752 right now.
