Austin Pedestrian Crosswalk Accident Attorney
If a distracted, impaired, or inattentive driver injured you or someone you love while using a crosswalk in Austin, you have options for seeking compensation for your losses. Contact the attorneys at Loewy Law Firm in Austin at 512-280-0800 for a free, confidential, no-obligation consultation. We will discuss your legal options and determine if you’re eligible for compensation through a personal injury claim or lawsuit. Don’t wait any longer to get the compensation you deserve. Call our pedestrian accident lawyers today.
Motorist Responsibilities at Intersections in Texas
The Texas Department of Public Safety Driver Handbook outlines the rules drivers must follow when approaching intersections and crosswalks. Some of the general requirements include the following:
- Motorists must yield to pedestrians crossing the road at controlled or uncontrolled intersections.
- Drivers must yield to pedestrians if a stoplight changes before the pedestrian has reached the end of the crosswalk.
- Pedestrians have the right-of-way in intersections with either overhead or in-street pedestrian crossing signage.
- At intersections with no walk signals, drivers must yield to pedestrians on a green light.
- Motorists must yield the right-of-way to pedestrians when turning left or right.
It’s worth noting that failing to yield the right-of-way to a pedestrian at a crosswalk can lead to traffic fines.
Common Injuries Suffered in Pedestrian Accidents
Injuries to pedestrians will always be more severe than injuries to vehicle occupants in a crosswalk accident. Even at low speeds, a standard passenger vehicle can cause severe harm to any person in its path. Most cars have extensive safety features to protect occupants during a crash, such as airbags, automatic braking, seat belt pre-tensioners, and reinforced safety cages. A pedestrian has no safety equipment whatsoever and is no match for a vehicle moving at average road speeds.
A pedestrian also has to worry about two impacts rather than one: the impact with the oncoming vehicle and the secondary impact with the ground. The secondary impact can sometimes be more severe than the primary one. The initial impact in a crosswalk accident usually strikes the pedestrian’s legs, hips, or torso, but the secondary impact often strikes the head, causing brain injury and possible neurological damage.
Some common injuries that result from pedestrian accidents include:
- Traumatic brain injuries
- Soft tissue injuries
- Hip and knee injuries
- Head and neck injuries
- Spinal cord injury
- Lacerations
- Abrasions
- Crushing injuries
- Internal injuries
- Organ damage
- Dismemberment
- Amputation
- Coma
- Death
Compensation for a Pedestrian Accident
We help our clients get monetary compensation for losses occasioned to them by another person. We do this through two legal processes: personal injury claims and personal injury lawsuits. The goal of personal injury law is not to convict anyone of a crime but to help you recover financial and non-financial losses you’ve incurred from the at-fault party.
Personal injury (PI) claims are far more common than personal injury lawsuits. The majority of PI disputes are handled with claims before either side goes to court. We will help you determine who was at fault, tally up your total losses or damages, and compose and submit a demand letter to the responsible party’s insurance company. A demand letter is a legal document for resolving the dispute which outlines your grievances and the compensation you expect in return.
Your attorney will negotiate with the insurance company until a suitable number is reached for a settlement, a cash payment to compensate you for your losses on the condition that you drop any legal claim against the responsible party. If you and your attorney agree on the settlement amount, you receive your payment, and the process ends.
A PI lawsuit happens when the insurance company doesn’t agree to any form of payment or doesn’t provide an amount to compensate you for your losses adequately. With a lawsuit, you’re not demanding compensation from the insurance company but from the responsible party themselves. Your case goes before a Texas Civil Court Judge or jury, and they decide on the outcome, not the insurance company.
This levels the playing field, but it’s also a double-edged sword: if the judge or jury rules in your favor, you’re awarded compensation whether the insurance company wants to pay it out or not, but if they rule against you, you receive nothing, and you may be on the hook for court fees. Court is expensive for both parties, so most PI disputes are handled pre-trial.
You can be compensated for several tangible and intangible losses attributed to the accident. Damages with a definable monetary value are called economic damages. Some examples include the following:
- Medical bills
- Lost earnings
- Property damage
- Household expenses
- Transportation
Non-economic damages are intangible, subjective losses that vary widely depending on the circumstances of the accident. They relate to the experience of the accident and not the financial cost of treating it. There are several types, such as:
- Pain and suffering
- Mental anguish
- Loss of enjoyment of life
- Loss of consortium
- Scarring and disfigurement
In certain situations, your attorney may recommend seeking exemplary damages as well as compensatory ones. Exemplary damages are not intended to restore you to your previous state but to punish the party responsible for your accident and deter them from acting in the same manner again. Exemplary damages only apply in cases of malice, fraud, or gross negligence. They carry a higher burden of proof and can only be awarded in a trial. Ask your lawyer if exemplary damages are appropriate for your crosswalk accident.
Call Loewy Law Firm Today
If a negligent driver injured you or a loved one in a crosswalk in Austin, don’t wait any longer to call the Loewy Law Firm. We are standing by to help you get the compensation you need to move on after a pedestrian accident. Texas has a strict two-year statute of limitations on personal injury lawsuits, so you have limited time to seek compensation. Let us help you get back on your feet after a crosswalk accident. Call 512-280-0800 today.