Pedestrian Accident Lawyer in Brownsville, TX

car triangle warning due to pedestrian accident

Texas ranks among the ten most dangerous states for pedestrian accidents.

In 2018 alone, there were more than 5,000 pedestrian-involved crashes with over 1,000 reported severe injuries in the state. In Brownsville, 11 people died in pedestrian accidents, representing nearly a third of all traffic deaths in Cameron County, according to the most recent statistics. Many more pedestrians suffered injuries in collisions.

Pedestrians are no match for a car or truck weighing several thousand pounds, and a collision will almost always result in injuries to the person on foot. Often, pedestrian accidents are caused by a driver’s failure to see a person crossing an intersection or walking beside the road.

If you have been injured or lost a loved one in a pedestrian accident caused by a driver’s carelessness, talk to a Brownsville pedestrian accident lawyer at Herrman & Herrman, P.L.L.C. Our experienced attorneys stand up strong for injured people. We are ready to help you pursue full compensation for your injuries and losses related to the accident.

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Common Causes of Pedestrian Accidents

The common causes of pedestrian accidents include inattention, failure to yield, speeding, and driving under the influence of alcohol or drugs.

One of the most common factors is distracted driving. Drivers who are distracted by cell phones or other distractions are not focused on the road and changes in traffic conditions. They may fail to see a pedestrian enter a Brownsville intersection. Driver distractions include talking on the phone, texting, talking to passengers, adjusting the radio, and eating.

Other causes of Brownsville pedestrian accidents include:

  • Failure to Yield—Drivers in Brownsville are required to yield the right of way to pedestrians in many traffic situations. If a person on foot at an intersection has a green light or a WALK light, the drivers must yield. Motorists pulling out of alleys or driveways should yield to pedestrians on sidewalks. Drivers also must yield to pedestrians at intersections that do not have traffic signals.
  • Driving under the influence of drugs or alcohol —Many pedestrian accidents involve drunk drivers who have impaired judgment and do not respond to people on foot.
  • Speeding—The faster a motorist is going, the more severe the injuries that the pedestrian may suffer. Unfortunately, many Brownsville drivers ignore speed limits and cause serious pedestrian accidents.
  • Failure to use mirrors—Drivers should always look to see if anyone is standing or walking behind a care before backing up. It is important to look for pedestrians before putting a car in reverse.

In some cases, a pedestrian may be responsible for an accident. Some examples of pedestrian liability include failure to use the sidewalk, lack of visibility, walking in the road while under the influence of alcohol, and distracted walking. A pedestrian wearing dark clothing at night may be difficult for a motorist to see.

Common Injuries in Pedestrian Accidents

Pedestrian accidents can happen anywhere that motor vehicles and pedestrians share space. Accidents frequently occur at intersections, on sidewalks, and in parking lots.

The type and severity of the injuries that pedestrians suffer depends on the circumstances of each crash,  the speed of the car and on the pedestrian’s age at the time. Seniors and children, for example, are more likely to suffer severe or fatal injuries in these accidents.

The resulting injuries in pedestrian accidents may be severe or debilitating. Some of the most common injuries reported include:

  1. Soft tissue injuries: Soft tissue injuries include torn or strained ligaments, tendons, and muscles.
  2. Broken bones and fractures: Broken bones in the legs and pelvis fracture are common injuries in pedestrian accidents.
  3. Cuts and lacerations – Pedestrians often suffer cuts from being struck by the vehicle or thrown to the ground due to the impact.
  4. Spinal cord injuries: Any injury to your spine in a pedestrian accident can have lifelong health complications.
  5. Brain injuries: A pedestrian may sustain a brain injury from striking his or her head against the vehicle upon impact or hitting the pavement. Although mild injuries may only affect your brain for a few days or weeks, a severe traumatic brain injury (TBI) can have long-term consequences–both physical and mental.
  6. Psychological trauma: While the physical consequences of a pedestrian accident may be the most obvious, these accidents often cause long-lasting mental trauma. The shocking nature of the accident itself can also leave victims with post-traumatic stress disorder (PTSD).

What to Do If You Are Hit by a Car in Brownsville

It is essential to know what action to take if you or a loved one has been involved in a severe injury accident as a pedestrian.

  • Safety is your number one priority, so keep calm and move to safety. Call the police and emergency medical services if you are hurt. Do not let the driver leave until the police have arrived and assessed the situation.
  • If there are witnesses, try to get their contact information and ask them to stay, too. When the police arrive, answer the officer’s questions and provide an account of what has happened. Do not apologize or assume blame for the accident because you are not in a position to know all the facts at this point.
  • If you are injured, go to the emergency room. Even in less severe cases, make sure to see a physician as soon as possible for a medical evaluation. If you do not seek immediate medical attention, the insurance companies may use this against you to argue that you were not injured.
  • In the event of a hit and run, try to remember as many details of the car as you can. Try to get a photo of the license plate number. In any case, it is essential to document everything.
  • As soon as you can, contact an attorney to review the accident and discuss your legal options. Accident victims often struggle under the burden of medical bills and other expenses following an accident, particularly if the injuries prevent them from working. A knowledgeable Brownsville pedestrian accident lawyer at Herrman & Herrman can help you hold the responsible party accountable and pursue fair compensation on your behalf.

Can I receive compensation for a pedestrian injury?

If you were hurt in a pedestrian accident caused by a negligent driver, you have the right to seek fair compensation. Texas follows a comparative negligence doctrine. This means that even if your own actions partly contributed to your accident, you may still be eligible to seek compensation. The final amount that you recover may be reduced, however, based on the amount of liability assigned to you.

For example, the negligent driver was found to be 90% at fault for a pedestrian accident, and the pedestrian was assigned 10% of fault. If a jury awards $100,000 in damages, your award will be reduced by your portion of fault, which means you would recover $90,000.

The types of compensation that you may claim include payment for: 

  • Medical bills
  • Lost wages
  • Loss of future earnings
  • Loss of consortium
  • Home modifications or medical devices
  • Transportation costs for treatment and rehabilitation
  • Damage to personal property
  • Pain, suffering, and post-traumatic stress

Contrary to what you might see on television, most injury claims are settled out of court, before a trial is necessary. Typically, your lawyer and the insurance company for the at-fault driver will negotiate a settlement. Your lawyer at Herrman & Herrman will work to obtain a fair settlement that takes into account all of the expenses you’ve incurred and will incur in the future due to your injuries. If the insurer refuses to agree to a fair settlement, we will discuss whether to file a lawsuit on your behalf.

How Can A Pedestrian Injury Lawyer Help Me?

When you hire an experienced pedestrian accident lawyer like those at Herrman & Herrman, you’ll have a strong advocate on your side, fighting for the maximum compensation possible for your claim. Keep in mind that getting compensation means negotiating with insurance companies and representatives trained to deny, delay, or diminish your injury claim.

You’ll want to work with an experienced personal injury attorney in Brownsville who has successfully handled similar cases. A lawyer who has secured settlements or verdicts for pedestrian injuries will know how to investigate the accident, preserve crucial evidence, and negotiate effectively on your behalf. It is a good idea to hire a legal team with trial experience, in the event that your case needs to go to court. The goal is to get justice and hold the responsible party accountable. You shouldn’t have to endure the pain of the accident and then struggle financially because someone else acted negligently.

The knowledgeable injury attorneys at Herrman & Herrman handle pedestrian accident cases on a contingency fee basis. You will not pay any out-of-pocket costs. Our attorneys only get paid if we secure compensation for the client through a settlement or jury award. We are ready to use our legal skills and experience to help you pursue a recovery.

Contact a Brownsville Pedestrian Accident Lawyer

Did a negligent driver hit you and disrupt your life? If you were walking in Brownsville and were hit by a careless driver, the legal team at Herrman & Herrman is ready to put our experience to work for you. We’ll seek justice on your behalf, and we won’t settle for anything less.

Call us at (361) 882-4357, fill out a contact form, or chat live with a representative and schedule a free consultation with us today.