TEXAS PEDESTRIAN ACCIDENT FAQS

• Seek Medical Attention: Your health is the priority. Even if you feel fine, it’s crucial to get checked by a medical professional to identify any internal injuries or delayed symptoms.
• Contact Authorities: Call 911 to report the accident and ensure an official police report is filed.
• Gather Evidence: Collect information from the driver, including their insurance details, and take photos of the accident scene if possible.
• Speak to Witnesses: If there are any witnesses, gather their contact information and statements.

You have two years from the date of the accident to file a personal injury claim in Texas. This is known as the statute of limitations. It’s important to act within this timeframe to preserve your right to seek compensation.

Several factors can influence the compensation, including:

• Severity of Injuries: More severe injuries typically result in higher compensation.
• Medical Expenses: Current and future medical costs are considered.
• Lost Wages: If your ability to work is impacted, this will be factored in.
• Pain and Suffering: Non-economic damages for physical pain and emotional distress.
• Degree of Fault: Compensation may be reduced if you are partially at fault due to Texas’s comparative fault laws.

Yes, Texas follows a comparative fault rule, which means you can still receive compensation even if you were partially at fault. However, your compensation will be reduced by your percentage of fault. If you are found to be more than 50% at fault, you may not be eligible for compensation.

Texas pedestrian accident laws are similar to many states, but key differences include:

• Statute of Limitations: The two-year period is common but can vary in other states.
• Comparative Fault: Some states have different thresholds for reducing compensation based on fault.

Settlement amounts vary widely based on the specifics of each case. Factors like injury severity, economic losses, and degree of fault all play a role. Speaking to a lawyer can provide a better estimate based on your circumstances.

Proving fault involves:

• Gathering Evidence: Photos, videos, and witness testimonies can support your claim.
• Police Reports: An official report can be a critical piece of evidence.
• Expert Testimony: Accident reconstruction experts may be used to determine fault.
• Legal Representation: A lawyer can help compile evidence and build a strong case.

An experienced lawyer can:

• Navigate Legal Complexities: Understand the intricacies of Texas law.
• Negotiate with Insurance Companies: Advocate for fair compensation.
• Represent You in Court: If necessary, present your case effectively.
• Evaluate Your Case: Determine potential compensation and advise on the best course of action.