Austin Pedestrian Accident Attorney
Pedestrian accidents in Austin are, unfortunately, a serious and ongoing issue. The city’s growing population, coupled with its reliance on both foot traffic and vehicle transit, has resulted in numerous dangerous intersections where pedestrians are often at risk. Major intersections like South Congress Avenue and Riverside Drive have become well-known hotspots for accidents.
At Loewy Law Firm, we understand how overwhelming it can be to face the difficulties that come after an accident. Our Austin pedestrian accident attorneys focus on taking the burden off your shoulders, handling everything from proving fault and gathering evidence to negotiating with insurance companies. With our in-depth knowledge of Texas law and experience securing fair compensation for pedestrian accident victims, we’re dedicated to building a strong case that helps you recover what you’re entitled to.
Austin Pedestrian Accident Statistics
Pedestrian safety continues to be a significant issue in Austin. The city’s rapid growth and heavy traffic mean that pedestrians are frequently at risk, especially in high-traffic areas. The City of Austin crash data from recent years paints a clear picture of the ongoing problem.
- In 2019, Austin recorded 406 pedestrian accidents, marking the highest number of incidents in the past decade.
- 2020 saw a drop to 267 accidents, likely due to reduced traffic during the COVID-19 pandemic, but the numbers have since been rising again, with 305 accidents in 2021, 338 accidents in 2022, and 349 accidents in 2023.
Certain intersections in Austin are particularly problematic for pedestrians:
- N Lamar Blvd has seen 19 accidents in recent years, making it one of the most dangerous roads for pedestrians.
- S Congress Ave and Airport Blvd each recorded 12 and 11 accidents, respectively, further highlighting specific areas where pedestrian safety is a major concern.
- Other high-risk intersections include 3600 Presidential Blvd and W 6th St, both of which have seen multiple pedestrian-related accidents.
This data serves as a reminder of the real risks pedestrians face every day in Austin. With busy intersections and growing traffic, pedestrian accidents are not only common but often lead to severe injuries. If you’ve been injured in one of these high-traffic areas, securing attorney representation can ensure that your rights are protected and that you receive the compensation you deserve.
Protecting Your Rights Immediately After the Accident
After a pedestrian accident, what you do in the moments and days that follow can significantly impact your ability to secure compensation. Taking the right steps helps preserve evidence, ensures your injuries are documented, and protects your legal rights. Here are the key steps to take and why each step matters:
- Seek Medical Attention Immediately: Even if you feel fine after the accident, some injuries, like concussions or internal damage, might not show up right away. Getting checked out by a doctor protects your health and creates a record of your injuries. Without this, insurance companies might try to minimize or deny your injuries altogether.
- Document the Scene and Your Injuries: If possible, take photos of the accident scene, the car that hit you, and any injuries you’ve sustained. Also, gather contact information from any witnesses who saw the accident. This evidence can make all the difference when it comes to proving fault and backing up your claim. It’s often more reliable than trying to recall details later.
- Report the Accident to Authorities: Filing a police report makes sure there’s an official record of what happened. This can be key if the driver disputes the facts later on. A police report includes important details like witness statements and the officer’s assessment of fault, which can strengthen your case and give you an advantage when dealing with insurance companies.
- Contact an Austin Pedestrian Accident Attorney: After ensuring your immediate safety and health, the next step should be reaching out to a skilled attorney. An experienced Austin pedestrian accident lawyer will guide you through the claim, help gather critical evidence, and deal with the insurance companies on your behalf. This allows you to focus on recovering while your attorney works to secure the compensation you deserve.
- Avoid Speaking to Insurance Companies Without Legal Advice: Insurance adjusters may try to contact you soon after the accident, but it’s important to avoid making any statements or accepting any offers without first consulting an experienced attorney. Insurance companies often aim to reduce payouts, and anything you say can be used to weaken your claim. Let your lawyer handle all communication to ensure your rights are protected.
- Preserve All Evidence: Keep any records related to the accident, including medical bills, treatment records, receipts for out-of-pocket expenses, and any correspondence with insurance companies. This documentation is essential for calculating the full extent of your damages and ensuring you receive fair compensation.
How Texas Laws & Local Knowledge Play into Your Case
Pedestrian accident claims in Texas come with their own unique challenges, especially given the state’s specific laws and how fault is determined in these cases. Understanding these laws and how they apply can significantly impact the outcome of your claim.
- Texas Laws That Protect Pedestrians: Texas law provides important protections for pedestrians, particularly when it comes to right-of-way. Drivers are required to yield to pedestrians in crosswalks and at intersections when traffic signals permit walking. Additionally, Texas law mandates that drivers stop for pedestrians at marked and unmarked crosswalks at intersections. If a driver fails to yield in these situations, they can be held liable for any injuries caused. Understanding these right-of-way rules is crucial when proving fault in a pedestrian accident.
- Strategic Knowledge of High-Risk Areas in Austin: Certain intersections in Austin, such as N Lamar Blvd and S Congress Ave, are known for frequent pedestrian accidents. Loewy Law Firm’s familiarity with these high-risk areas helps during investigations, providing valuable context when determining fault. Understanding where accidents commonly happen in the city strengthens the strategy for your case and may uncover patterns of negligence or unsafe conditions.
- Comparative Fault in Texas: Texas follows a modified comparative fault rule, often referred to as the 51% rule. This means you can pursue compensation as long as you are 50% or less at fault for the accident. However, if you’re found 51% or more at fault, you are not eligible to recover any damages. For example, pedestrians are restricted from crossing major highways like IH-35 and MoPac Expressway, except at designated overpasses or underpasses. If a pedestrian fails to follow these rules, it could increase their percentage of fault. If you’re 20% at fault, your recovery is reduced by 20%.
Common Questions Victims Ask After a Pedestrian Accident
Victims of pedestrian accidents often have many questions about their rights and what steps to take next. Below are key questions that frequently come up, along with answers to help you better understand your options and how the Austin pedestrian accident lawyers at Loewy Law Firm can assist you.
- Can I Sue for My Pedestrian Accident?
Yes, you can file a claim if someone else’s negligence caused the accident. Loewy Law Firm will evaluate your case, considering factors such as who was at fault and the extent of your injuries. From there, we work with local experts—whether medical professionals, accident reconstruction specialists, or eyewitnesses—to build a strong case that supports your right to compensation. - Who Pays for My Medical Bills After a Pedestrian Accident?
In most cases, the at-fault driver or their insurance company is responsible for covering your medical expenses. However, insurance companies often try to minimize what they pay. At Loewy Law Firm, we negotiate aggressively with insurers to ensure you receive fair compensation, including coverage for ongoing medical care and future treatment needs that might not be immediately apparent. - What if I Was Jaywalking? Can I Still File a Claim?
Yes, even if you were jaywalking, you may still be entitled to compensation. Texas follows a comparative negligence system, meaning that if you are found less than 51% at fault, you can still recover damages. Your compensation may be reduced by the percentage of fault assigned to you, but Loewy Law Firm will work to minimize your fault percentage to maximize your recovery. - How Long Do I Have to File a Pedestrian Accident Claim in Texas?
In Texas, you generally have two years from the date of the accident to file a claim, according to the statute of limitations for personal injury cases. If you miss this deadline, you may be barred from recovering any compensation. This makes it essential to contact an attorney as soon as possible to ensure your claim is filed in time. - What Should I Do if the Driver Who Hit Me Doesn’t Have Insurance?
If the at-fault driver is uninsured or underinsured, you still have options. If you carry uninsured/underinsured motorist (UM/UIM) coverage on your own auto insurance policy, this can help cover your medical bills and other damages. Loewy Law Firm will review your coverage and explore all available options to secure the compensation you need. - How Much Compensation Can I Expect from My Claim?
The amount of compensation you can expect depends on several factors, including the severity of your injuries, the impact on your ability to work, and any ongoing medical care required. Compensation typically covers medical bills, lost wages, pain and suffering, and future rehabilitation costs. Loewy Law Firm thoroughly evaluates these elements to maximize the amount you receive. - What if the Driver Fled the Scene? Can I Still Recover Damages?
In the event of a hit-and-run, you can still pursue compensation, but the process can be more complex. If the driver is never found, you may be able to recover through your own insurance, particularly if you have UM/UIM coverage. Loewy Law Firm will help gather evidence, such as police reports and witness statements, to build your case and explore all potential avenues for compensation. - What Happens if I’m Unable to Return to Work After the Accident?
If your injuries prevent you from returning to work, you may be entitled to recover compensation not only for lost wages, but also for loss of earning capacity. This means compensation for the future income you would have earned if the accident hadn’t occurred. Loewy Law Firm works with financial experts to calculate these losses and includes them in your claim.
Compensation Available to Pedestrian Accident Victims
Pedestrian accident victims may be eligible for various forms of compensation based on the specific impacts of the accident. The compensation you pursue should reflect both immediate and future needs to help you recover fully.
- Medical Expenses: This includes everything from emergency room visits and surgeries to long-term rehabilitation and ongoing care.
- Lost Income: If your injuries have forced you to take time off work or limit your future earning capacity, compensation should account for both your lost wages and potential future earnings.
- Pain and Suffering: Accidents can affect more than just your physical health. Compensation for pain and suffering addresses the emotional and psychological impact of your injuries, including any lasting discomfort or trauma.
Loewy Law Firm works to ensure every aspect of your losses is considered when building your claim. We collaborate with experts to provide a comprehensive evaluation, making sure your compensation reflects the true scope of your injuries and the impact on your life.
How Compensation is Determined in Pedestrian Accident Claims
When you’ve been injured in a pedestrian accident, the compensation you’re entitled to depends on a variety of factors. The primary goal is to ensure that all of your losses, both financial and personal, are accounted for. Compensation is generally divided into two main categories: economic and non-economic damages.
Economic Damages
Economic damages are the tangible, financial losses you’ve incurred as a result of the accident. These are easier to calculate and typically include:
- Medical Bills: This covers all medical expenses related to the accident, including emergency care, surgeries, hospital stays, rehabilitation, and ongoing treatments. If your injuries require long-term care, those costs will also be factored in.
- Lost Wages: If your injuries have prevented you from working, you can recover compensation for the income you’ve lost during your recovery period. This also includes future lost earnings if your ability to work has been permanently affected.
- Property Damage: If any of your personal property was damaged in the accident (such as a phone or bike), you can claim the costs of repair or replacement.
Non-Economic Damages
Non-economic damages are more difficult to quantify because they refer to the emotional and personal toll the accident has taken on your life. While these damages don’t come with receipts, they are no less significant. Common non-economic damages include:
- Pain and Suffering: This accounts for the physical pain and discomfort caused by your injuries. It can also include the emotional distress, anxiety, and trauma that may result from the accident.
- Loss of Enjoyment of Life: If the accident has impacted your ability to enjoy activities you once loved or live your life as you did before the injury, you may be entitled to compensation for that loss.
- Permanent Disability or Disfigurement: If the accident results in a long-term or permanent disability or visible disfigurement, these life-altering changes are also considered in non-economic damages.
Loewy Law Firm works with medical, financial, and legal experts to ensure that both your economic and non-economic damages are fully valued. We meticulously evaluate the long-term impact of your injuries and factor in any ongoing care or rehabilitation needs to ensure that you receive fair compensation. We will consider how the accident has affected your quality of life and future earning potential to build a comprehensive claim that covers all of your losses.
Common Pedestrian Accident Injuries and How They Affect Compensation
Pedestrian accidents often result in serious injuries, each with its own legal considerations. The nature and severity of your injuries play a major role in determining the compensation you may be entitled to.
Traumatic Brain Injuries (TBI)
TBIs can have long-term effects, from cognitive impairment to permanent disability. Loewy Law Firm collaborates with medical experts to assess the full scope of your injury and ensure that your compensation reflects ongoing medical care, rehabilitation, and long-term impacts on your quality of life.
Spinal Cord Damage
Spinal cord injuries are life-altering and often lead to permanent disabilities. The need for continuous medical care, rehabilitation, and adaptive equipment significantly increases the value of your claim. We make sure all these factors are fully considered in seeking compensation.
Fractures and Orthopedic Injuries
While broken bones may seem less severe, they can still result in extensive medical treatment, lost wages, and rehabilitation. When combined with other injuries or long-term complications, fractures can lead to a higher compensation amount, ensuring that all related costs are covered.
Insurance Companies and Pedestrian Accident Claims
Dealing with insurance companies after a pedestrian accident can be difficult. Their main objective is to minimize payouts, which is why it’s important to have someone who understands the process and can advocate for you.
Aggressive Negotiation with Insurers
Insurance companies often try to offer quick, low settlements that don’t fully cover the extent of your injuries. Loewy Law Firm uses solid evidence, including medical records and expert opinions, to ensure the insurance company pays what you’re truly owed. We focus on securing fair compensation by standing firm against these tactics.
Protection from Bad-Faith Insurance Tactics
Sometimes, insurance companies delay claims, undervalue your injuries, or even deny valid claims. We handle all communication with the insurer, ensuring they treat your case fairly and that you’re protected from any attempts to lower your settlement. This allows you to focus on recovery while we take care of the negotiations.
How Long Do I Have to File a Pedestrian Accident Claim in Texas?
In Texas, you typically have two years from the date of the accident to file a claim. This is known as the statute of limitations, and missing this deadline could mean losing your right to pursue compensation.
Acting quickly is important, not just to meet the deadline, but also to preserve key evidence like witness statements, accident reports, and any physical proof from the scene. The longer you wait, the harder it becomes to gather this important information. Reaching out to a pedestrian attorney soon after the accident helps ensure your case is built on solid evidence and gives you the best chance of securing the compensation you deserve.
Why Choose Loewy Law Firm for Your Pedestrian Accident Case
If you’ve been injured in a pedestrian accident, you need a firm that understands your challenges and knows how to fight for your rights. Here’s are some key reasons to choose Loewy Law Firm:
- Leveraging Local Knowledge: We understand Austin’s accident-prone areas and know how to build strong pedestrian accident cases using our local expertise.
- Proven Track Record: Our results include multi-million-dollar settlements, reflecting our ability to secure the compensation you deserve.
- Handling Insurance Companies: We take on negotiations with insurance companies, ensuring you aren’t pressured into accepting less than what you’re owed.
- Thorough Case Preparation: We gather all the necessary evidence, from video footage to expert testimony, to build a solid case that protects your rights.
- Focused on Your Recovery: Our team handles everything so you can focus on healing while we fight for the compensation you need for medical bills, lost income, and pain and suffering.
With Loewy Law Firm, your case gets the attention it deserves, and you get a team dedicated to securing the best outcome for you. Call (512) 280-0800 today for a free consultation and take the first step toward getting the help you need.
Additional References:
https://statutes.capitol.texas.gov/Docs/TN/htm/TN.545.htm