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Steve Kherkher - June 30, 2023
[et_pb_section fb_built=”1″ admin_label=”section” _builder_version=”4.16″ global_colors_info=”{}” theme_builder_area=”post_content”][et_pb_row admin_label=”row” _builder_version=”4.16″ background_size=”initial” background_position=”top_left” background_repeat=”repeat” global_colors_info=”{}” theme_builder_area=”post_content”][et_pb_column type=”4_4″ _builder_version=”4.16″ custom_padding=”|||” global_colors_info=”{}” custom_padding__hover=”|||” theme_builder_area=”post_content”][et_pb_text admin_label=”Text” _builder_version=”4.22.1″ background_size=”initial” background_position=”top_left” background_repeat=”repeat” hover_enabled=”0″ global_colors_info=”{}” theme_builder_area=”post_content” sticky_enabled=”0″]Pedestrian accidents are on the rise, especially as more people utilize scooters, walking, and ridesharing. More people than ever are on sidewalks and in crosswalks. Unfortunately, drivers do not seem to be increasing their awareness or driving safety, which is putting a higher number of pedestrians at risk than ever before.
At Kherkher Garcia, LLP, our pedestrian accident lawyers are frequently asked about pedestrian rights and what to do after an accident. In the article below, we provide answers to some of the most commonly asked questions. For questions about your specific situation, call us at 713-333-1030 for a free consultation.
Pedestrian rights vary from state to state, but there are some general principles that apply in most places.
By understanding their rights and responsibilities, pedestrians can help to keep themselves safe on the road.
If you are a pedestrian, it is important to be aware of your rights and responsibilities. By understanding these laws, you can help to keep yourself safe on the road.
If you are involved in a pedestrian accident, it’s important to take the following steps:
After the accident, prioritize your safety and move to a safe location, if possible. If you are seriously injured or unable to move, wait for medical assistance to arrive.
If you are able to do so, call 911 immediately after the accident. Inform them about the accident, the location, and any injuries suffered by you or others involved. It is important to have an official record of the incident.
Even if you don’t feel immediate pain or believe your injuries are minor, it is crucial to seek medical attention as soon as possible. Some injuries may not be immediately apparent but could have serious long-term consequences.
If you are physically able to, collect relevant information at the scene. Obtain the driver’s contact information, insurance details, and license plate number. If there were witnesses, try to obtain their contact information as well.
It is advisable to consult with a personal injury attorney who specializes in pedestrian accidents. They can evaluate your case, guide you through the legal process, and help protect your rights while pursuing any potential claims or compensation.
If you have suffered serious injuries, such as a broken bone or a head injury, you may need to hire a lawyer to help you file a personal injury lawsuit. A lawyer can help you gather evidence, negotiate with the insurance company, and represent you in court if necessary.
Here are some of the benefits of hiring a lawyer after a pedestrian accident:
If you have been injured in a pedestrian accident, it is important to speak with an attorney as soon as possible to discuss your case and your legal options.
A pedestrian accident claim is a lawsuit that a victim files against the party or parties believed to be responsible for their injuries. In order to be successful, a pedestrian accident claim must prove that the driver of the motor vehicle was negligent. Negligence can be established by showing that the driver failed to take reasonable care to avoid the accident. This can include things like speeding, driving under the influence, failing to yield the right of way, or not paying attention to the road.
In pedestrian accident claims, the damages that may be recoverable can vary depending on the specific circumstances of the accident and the extent of your injuries. Some of the damages that are often recoverable in pedestrian accidents include:
Pedestrians who are injured in accidents may be entitled to compensation for their medical expenses, including hospital bills, doctor visits, medication, rehabilitation costs, and future medical needs related to the accident.
If the pedestrian’s injuries result in missed workdays or the inability to work, they may be able to recover compensation for lost wages. This can include both past and future income that would have been earned if not for the accident.
Pedestrians who have experienced physical pain, emotional distress, or a diminished quality of life due to their injuries may be eligible for damages related to pain and suffering. These damages are subjective and can vary widely based on the individual’s circumstances.
If the pedestrian suffers a permanent disability or disfigurement as a result of the accident, they may be entitled to compensation for the impact it has on their life, both physically and emotionally.
If the pedestrian’s personal property, such as clothing, electronic devices, or other belongings, was damaged in the accident, they may be able to recover the cost of repairing or replacing the items.
In tragic cases where a pedestrian is killed in an accident, their surviving family members may have the right to pursue a wrongful death claim. Damages in these cases may include funeral expenses, loss of financial support, loss of companionship, and other related losses.
Consulting with a personal injury attorney who specializes in pedestrian accidents is crucial to understanding the specific damages you may be able to recover based on the facts of your case and the laws in your jurisdiction.
If you file a claim and the court rules that you are also partially at fault for the accident, your damages may be reduced by the percentage of fault you are assigned. For example, if you are found to be 25% at fault, your damages will be reduced by 25%.
In Texas, the statute of limitations for personal injury claims, including pedestrian accidents, is two years. This means that you must file a lawsuit within two years of the date of the accident in order to be able to recover damages. Two years is the statute of limitations in most states for personal injury claims.
However, there are some exceptions to this rule. For example, if you are a minor at the time of the accident, you have until your 18th birthday to file a lawsuit. Additionally, if the person who caused the accident is deceased, you have two years from the date of their death to file a lawsuit.
Personal injury cases are complex in that there are many parties involved, legal procedures to follow, and a great deal to prove. These cases can sometimes be resolved in as little as a few months if both parties are amicable and willing to negotiate. Some cases take years to resolve, however, if they are more complex or disputed.
Every case is unique, and it is difficult to estimate how long a case may take. However, working with a skilled pedestrian accident lawyer can greatly improve your chances of a timely and successful resolution.
At Kherkher Garcia, we have a team of personal injury lawyers who know the “ins” and “outs” of personal injury law. We have more than three decades of experience helping clients resolve all manner of personal injury claims – both through negotiation and at trial. We are experienced negotiators and litigators, and are not afraid to take on complex cases.
The lawyers at Kherkher Garcia specialize in personal injury law, including pedestrian accidents. We have recovered billions of dollars on behalf of our clients. What’s more, we have established a reputation for being aggressive advocates for injured victims. We fight for justice.
Nothing! At Kherkher Garcia, we offer 100% free consultations to every potential client. We believe that every injured victim deserves the opportunity to explore their rights and pursue justice. You can learn more about your rights and legal options at no obligation to you. All you need to do is call us at 713-333-1030, or fill out our online form.
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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorneys Steve Kherkher and Jesus Garcia Jr., who have more than 50 years of combined legal experience championing the rights of those who have experienced catastrophic injury due to negligence.
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