Vehicle v. Pedestrian

Law Office of John W. Shaw, PLLC

 

A standard vehicle weighs on average 5,000 pounds. Factor in that in Texas, a lot of people drive pickup trucks and SUV’s, taking your morning walk, going to the grocery store, or simply taking a stroll around the park can be dangerous. Accidents between pedestrian’s and vehicles rarely work out positively for the pedestrian. In most cases they result in serious injuries or death. 

Law Office of John W. Shaw, PLLC

The Driver’s Insurance Company is Not Your Friend

You Need An Advocate on Your Side

The insurance company for the driver that hit you is not really there to find out the truth about what happened and pay you what is fair and reasonable for your injuries. Instead, they are there to figure out how to pay as little as possible to you for the injuries that their driver caused you when you were hit by a car. That’s because, insurance companies are only truly concerned about protecting their profits.   

You need a lawyer and a law firm that will fight with the insurance company from the very beginning to hold the insurance company’s feet to the fire and make sure that they treat you and compensate you fairly for the injuries that you sustained as a result of being hit by a car.

If you or a loved one has been injured, or you have a loved one who has been killed after being hit by a car, contact us by using the form below or by calling our law firm now.

Frequently Asked Questions

Who is at fault when a car hits a pedestrian in Texas?

Fault depends on the specific facts. Drivers are generally required to yield to pedestrians in crosswalks, but pedestrians also have a duty to exercise reasonable care. Texas’s proportionate responsibility rule allows you to recover damages even if you were partly at fault, as long as you’re found less than 51% responsible.

Can I still recover damages if I wasn’t in a crosswalk?

Possibly. Not being in a marked crosswalk doesn’t automatically bar your claim. It may affect the percentage of fault assigned to you, but a driver who was speeding, distracted, or otherwise negligent can still be held liable.

What damages can I recover after a pedestrian accident?

Depending on the circumstances, you may be able to recover medical expenses, lost income, pain and suffering, and other damages related to your injuries.

How long do I have to file a claim?

Generally two years from the date of the accident under Texas law (Texas Civil Practice & Remedies Code § 16.003).