Wichita Falls Pedestrian Accident Law Firm
Car wrecks happen all the time in Wichita Falls. When accidents only involve motor vehicles, both parties can still be seriously injured, but at least they enjoy some protection from the safety features that vehicles offer like seatbelts and airbags. However, car accidents that involve pedestrians are different because pedestrians don’t enjoy the benefit of these safety features. Instead, they are out in the open, exposed to the harsh consequences that come along with being involved in an accident, with a greatly increased risk of serious, life-altering injuries.
Trust us, this is not just based on our experience representing victims of accidents. There is national data that backs this up. According to the Centers for Disease Control (CDC), approximately one pedestrian is injured or killed every seven minutes. On top of that, they have an increased likelihood of being killed in a car accident, being 1.5 times more likely to be killed than a passenger. Overall, in 2017 in the United States, almost 6,000 pedestrians were killed in crashes (about 1 every 88 minutes) and approximately 137,000 went to emergency rooms due to their injuries.
And more recently in 2019, according to the National Highway Traffic Safety Adminsitration, 6,205 pedestrians were killed and approximately 76,000 pedestrians were injured nationwide.
Common Locations of Pedestrian Accidents in Wichita Falls
- Crossing at stop signs and traffic lights
- Parking lots
- School zones
- The edges, or shoulders of the roads
When pedestrians are hit crossing an interstate, they are often killed because of the high speeds of the vehicles.
Most pedestrian accidents happen in the early hours of the morning when it is still dark and in the evening and at night. If you are walking at night for any reason, you should try to wear reflective gear and you should carry a flashlight to allow drivers to see you and be aware of you.
Common Causes of Pedestrian Accidents in Wichita Falls
Pedestrian accidents occur for a number of reasons and there are some risk factors committed by both drivers and pedestrians that lead to these accidents, including:
- Reckless driving
- Distracted driving
- Drunk/impaired driving
- Aggressive driving
- Nighttime walks without reflective equipment
- Hybrid vehicles with quiet motors
Contrary to popular belief, pedestrian accidents are not always the fault of the driver of the vehicle, although that is often the case. But pedestrians may be at fault too by committing any of the risk factors named above. It is the responsibility of both the driver and the pedestrian to follow the laws and exercise caution and care when out in the public streets.
Common Injuries from Wichita Falls Pedestrian Accidents
Injuries sustained by pedestrians can be the same as the injuries sustained by the driver and passenger of vehicles, but since they are exposed without the safety equipment the driver and passenger enjoys, often these injuries are much more serious. Even at slow speeds, pedestrians can sustain serious injuries, including:
- Broken and fractured bones
- Cuts, bruises, and burns
- Neck, back, and spinal injuries
- Head injuries and traumatic brain injuries (TBIs)
These are just a few of the most common injuries. Every accident is different and may involve various other types of injuries.
Damages You Can Recover After a Wichita Falls Pedestrian Accident
Like other personal injury cases, you may be entitled to recover compensation from your pedestrian accident in Wichita Falls or elsewhere in Texas or Oklahoma, including:
- Medical bills (both past and future)
- Lost wages (both past and future)
- Property damage
- Pain and suffering
- Loss of enjoyment of life
- Wrongful death (for your family members)
- Punitive damages
During our investigation, we will evaluate your case and see what all damages we can recover for you. After that, we will begin negotiating with the insurance company of the person who hit you in order to get you the settlement you deserve and if need be, we will take it to court.
Comparative Fault in Pedestrian Accidents in Texas and Oklahoma
Both Texas and Oklahoma have a modified form of comparative fault laws, meaning if you are at fault for in any way for the accident, you could be assigned a percentage of responsibility, and your compensation will be proportionate to the percentage of responsibility that you have for the accident.
However, if it is determined that you were 51% or more responsible for the accident, you are barred from recovering anything for your damages.
Hiring a Pedestrian Accident Attorney in Wichita Falls
If you have ever dealt with an insurance company, you know how difficult they can be to deal with. They will work to minimize your claim or find grounds to deny it altogether. Additionally, they will badger you for a recorded statement or to sign an authorization, which you should NEVER do. See our article on how to deal with insurance companies and their adjusters.
A big reason to hire a pedestrian accident attorney is that they can deal with the insurance companies for you, allowing you to focus on your treatment and recovering from your injuries. Additionally, an experienced pedestrian accident attorney knows what kind of evidence to collect to prove the other party was at fault and to prove your damages. With an attorney on your side, we will:
- Conduct a complete and thorough investigation to determine who was at fault and identify all liable parties
- Collect all necessary evidence including witness statements, accident reports, video footage from nearby buildings, etc.
- Successfully represent you and negotiate a fair and just settlement on your behalf
- Take your case to court if necessary
While the statute of limitations for personal injury cases is two years from the date of the accident, you need to start gathering evidence as soon as possible, so it is important that you do not wait. If you wait, it may be more difficult to gather evidence and prosecute your claim. Talking to a Wichita Falls pedestrian accident lawyer as soon as possible is the best way to get started. We can provide you with the support and guidance you need to properly process your claim and protect your legal rights.
Although securing compensation cannot reverse any impairment you have suffered from the accident, the compensation can certainly help with any medical care you need to restructure your life.
Our Wichita Falls Pedestrian Accident Lawyer Can Help
Our Wichita Falls pedestrian accident lawyer has helped victims of accident all across Texas and Oklahoma. Our legal team is standing by ready to assist you in your time of need. If you or anyone you know has been injured in a pedestrian accident in Wichita Falls or elsewhere in Texas or Oklahoma, you probably have a lot of unanswered questions and are wondering what to do next.
We can lift the burden off of you and take on the stress of dealing with the insurance company and doing everything it takes to get you the compensation you deserve so you can focus on what’s important and that is recovering as best as you can from your injuries. Contact us today at 940-569-4000 or fill out our contact form to set up a free, confidential, no-obligation consultation.