fbpx

Allen Pedestrian Accident Lawyer

The health benefits of a good walk are plentiful and well-known to most people. Unfortunately, as experienced personal injury attorneys know all too well, sometimes such a stroll can turn decidedly unhealthy if a negligent motor vehicle driver strikes an innocent pedestrian.

When drivers do not pay attention and veer off the road onto sideways or into crosswalks, serious and even life-threatening injuries can result. That is why if you are involved in such an accident, you might want to consult with an Allen pedestrian accident lawyer to better understand your rights. En Español.

The Legal Basis for a Pedestrian Accident Lawsuit in Allen

Although there is a general notion that pedestrians always have the right of way over vehicles, that is not the case in Texas. Under Tex. Tr. Code §552.001, pedestrians are obligated to obey traffic signals, which—according to Tex. Tr. Code §552.005(b)—includes crossing streets only in marked crosswalks.

Of course, vehicles and their drivers have certain obligations as well, which include the obligation to yield the right of way when a pedestrian is in the crosswalk under Tex. Tr. Code §552.003. However, pedestrians must still be careful not to enter a crosswalk where it would be impossible for a vehicle to reasonably yield fast enough to avoid hitting them.

In general, motor vehicle operators have a duty to exercise care to avoid hitting a pedestrian and to provide warnings such as blowing their horn under Tex. Tr. Code §552.008. As such, the issue of fault in a pedestrian accident scenario is important, and it may, therefore, be prudent to speak with an Allen pedestrian accident lawyer to understand how the law may affect a given claim.

Recoverable Damages in Pedestrian Crash Cases

Injuries resulting from pedestrian accidents can be quite serious and debilitating. Depending on the circumstances, damages which might be available in a pedestrian accident case can include:

  • Compensation for pain and suffering resulting from an accident
  • Compensation for any wage loss, including future earning capacity, resulting from injuries suffered
  • Payment of medical expenses and related rehabilitation expenses necessitated by the accident

A discussion with an Allen pedestrian accident lawyer could help individuals understand what potential damages may be recoverable.

The Potential Impact of Comparative Negligence

The reason why fault is so critical under Texas law is the imposition of a modified comparative fault rule under Tex. Civ. Prac. & Rem., §33.001, which mandates that if an injured pedestrian is more than 50 percent responsible for an accident, they may be barred from any recovery. The law also allows courts to reduce an award by the percentage of fault ascribed to the pedestrian. So, if a pedestrian is deemed 25 percent responsible for an accident and has $300,000 in damages, their recovery may be limited to $225,000.

Statute of Limitations

In order to recover anything after a pedestrian accident, an injured claimant must bring suit within two years, or the claim may be time-barred in accordance with Tex. Civ. Prac. & Rem. §16.003 (a). In certain situations, the claim must be brought even sooner. So, to avoid a claim being lost, it might be important to speak with a pedestrian accident lawyer in Allen as soon as possible after a pedestrian accident.

Speaking with an Allen Pedestrian Accident Attorney

Recovering from a pedestrian accident can be daunting enough without the additional burdens of dealing with lawyers and insurance companies. One way to reduce the stress associated with such a case could be to let an experienced Allen pedestrian accident lawyer handle your claim, allowing you to focus on your physical recovery. To see what options may be available to you, call today to schedule a consultation.

Free Consultation

Reviews

The McCraw Law Group
4.8
Based on 84 reviews
powered by Google
Mary Thompson
Mary Thompson
20:51 25 Feb 20
From the very first meeting with the McCraw Law Group we were treated with respect and care. They were so helpful is... trying to speed things up. We all know that when you have a lawsuit against some one there will be problems. This group of lawyers were very attentive and knew how to get what we needed. I will call them again if anything comes up that I need a lawyer.read more
Michael Taylor
Michael Taylor
19:46 12 Feb 20
McCraw Law Group is an exceptional firm and I could not ask for more than what I received with their services. All of... their staff, from the clerks to the attorneys, were extremely helpful and caring and constantly asked me if I needed anything or if I had any questions or concerns. If you need to have someone on your side and trust them to have your best interests in mind, I would place that trust in The McCraw Law Group.Would I recommend them to my friends and family? I would without a doubt.Would I like to have them on the other side of a courtroom and going against them? Absolutely Not.To the staff that handled my case, I greatly appreciate all of your work and the result speaks for itself. Thank you!read more
Justin Hansen
Justin Hansen
12:29 07 Feb 20
The staff at the McCraw law group are second to none. They are intelligent and hard working people that will do their... best to make sure you are set to recover physically, emotionally, and financially from any injury. Thank you so much!!read more
Zane Allen
Zane Allen
04:39 18 Dec 19
I was in an accident in March and had injuries resulting from the crash. Obviously my first call was to a doctor to get... checked out but was told I was going to need physical therapy. My second call was to the McCraw Law Group. They took care of all of the grunt work so that all I had to focus on was getting better. They were very communicative about the process, and better yet, they were incredibly responsive to any emails, calls, and questions. I was very appreciative and thankful for all of their hard work. They are a great group of people to work with when you’re needing the help.read more
Elisa Dean
Elisa Dean
15:38 16 Dec 19
I recommend The Mccraw Law Group to anyone who is hurt in an accident.My experience has been wonderful. They do the... best they can to get the most from the insurance company. My communications have been with Vanessa, Suzanne and Jason.Jason is very special to me. He understood my needs and was very caring and the sweetest attorney I have ever met. He was honest and did everything he could to bring my case to a conclusion.Vanessa and Suzanne are very sweet and are there to help every step of the way.read more
Fernando Salas
Fernando Salas
19:07 10 Dec 19
First time needing a lawyer. Everything went extremely smooth and quick. Mr. McCraw went to my house after my car wreck... and I knew at that point that I was in good hands. Everyone who works there are so nice and will answer any questions or concerns you have. Thank you guys for all of your help.read more
Adelyn Braswell
Adelyn Braswell
17:02 10 Dec 19
When me and my family recently got hit by a drunk driver. They helped us with everything we needed. We had so many... questions and didn’t hesitate to answer. It was our first time with any lawyer so they made everything so easy for us, and got it all done so quick. They did everything in their power to get us all the money we deserved. They were all so friendly and I would recommend them to anyone.read more
Courtney Brooks
Courtney Brooks
16:12 12 Sep 19
I had a wonderful experience from beginning to end with the McCraw Law Group. My case was accepted and I was kept up to... date on how it was proceeding, and when it came to a settlement, we got more than expected. Everyone was very kind, the court proceedings went smoothly and I was extremely satisfied. I will definitely use them again if anything else arises.read more
Next Reviews

ACCIDENTS