Fighting to Secure Fair Compensation for Injured Pedestrians
People are increasingly getting around without the use of motor vehicles. It’s not uncommon to encounter a bicyclist along surface streets in Texas, and pedestrians are constantly crossing roads and traveling along sidewalks. While these individuals often have the right of way, this simple fact won’t protect them when a negligent person is in the driver’s seat of a car. If another party’s negligence has caused you or a loved one injuries, a Brownsville pedestrian accident attorney may be able to help.
At The Castro Law Office, our Texas personal injury law firm is committed to securing positive outcomes for all our clients. We understand that suffering an injury can be detrimental to your life. Expensive medical bills, lost wages, property damage, and other monetary losses can add up quickly. Add in the non-financial losses experienced — such as pain and suffering — and it becomes very distressing to know that another party’s wrongful acts led to your injury.
Fortunately, you don’t have to go through this alone. Our Brownsville pedestrian accident lawyers may be able to help you recover damages. Contact us today for a free case evaluation.
Do You Have a Valid Pedestrian Accident Lawsuit?
Perhaps you were injured in an accident, or maybe your child was struck by their school bus. Maybe you’re in a situation where a loved one was injured, but they’re currently unable to represent themselves in a personal injury matter. Regardless of the circumstances, the only way to prove liability and secure fair compensation is to establish the following elements in court:
- Duty of care: All drivers have a duty of care to avoid dangerous acts which could harm others.
- Violation of duty: Liability can only be established if someone violates a duty of care. For instance, by drunk driving or operating a vehicle at night without headlights.
- Harm causation: Violations of duty only result in liability if they cause actual harm. This could include hospital bills, life difficulties from traumatic brain injuries, and other losses.
If these three elements are established in court, you’ll likely be entitled to compensation. However, keep in mind that certain issues can create hurdles. For instance, Texas is a modified comparative negligence state. This means an injury victim’s compensation can be reduced proportionally to their own fault in an accident. For instance, a jury may decide a victim is 20% at fault for jaywalking outside of a pedestrian crossing. In such a case, a court award of $100,000 would be reduced to $80,000.
It’s also worth noting that there are statutes of limitation that can affect your ability to recover. If a claim isn’t filed before these deadlines expire — even in a fatal pedestrian accident — a person is unlikely to be able to recover anything. Don’t risk this or other hurdles. Contact our pedestrian accident lawyers in Brownsville, TX today. We’ll handle the insurance company and any potential litigation on your behalf.
What Damages Might You Be Entitled To?
Whether you were struck by a city bus, a hit-and-run driver, or a drunk driver in a commercial vehicle — there are a variety of damages you may be entitled to. The specific types of compensation available will vary depending on the unique circumstances of your case. Speak to your personal injury attorney for a better understanding of which of the following types you may be entitled to:
Economic Damages
Economic damages are the most common court award in Brownsville pedestrian accident cases. These damages are meant to reimburse victims for financial losses. This could include hospital bills, physical therapy costs, lost wages, and many other monetary losses.
Non-economic Damages
Money isn’t all that pedestrian accident victims lose following an injury. For instance, a hit-and-run accident could result in emotional distress and leave someone fearful around vehicles. Additionally, pain and suffering is common. Non-economic damages provide compensation for non-monetary losses.
Punitive Damages
Being able to prove negligence will not immediately entitle a victim to punitive damages. This court award is reserved for particularly egregious acts on the part of the liable party. It’s meant to punish at-fault parties rather than reimburse injury victims.
Should You Accept an Insurance Company Settlement?
Many people are surprised to learn that the average pedestrian accident claim will never see the inside of a courtroom. That’s because the majority of these cases are resolved with insurance settlements. In some cases, this is because a Brownsville pedestrian accident lawyer fought to secure fair compensation on behalf of their client. However, it’s also frequently the case that insurers take advantage of injury victims who have no attorney, don’t understand their rights, and are in desperate need of money. Don’t let this happen to you.
The simple fact is that insurance companies are focused on profit. They are typically unconcerned with the facts of a case — unless those facts reduce the potential compensation owed. Pedestrian accident victims could literally be injured when a distracted driver plowed into the curb, and the insurance adjuster would still try to find ways to pay as little as possible. However, a Brownsville pedestrian accident attorney knows how to deal with adjusters.
Simply having a lawyer on your side is often enough to persuade insurers to negotiate in good faith. And if they refuse to do so, it’s important to work with an experienced legal professional that’s willing to bypass the insurance claim and take your case to court. If you’ve been injured, you have various legal options in your pedestrian accident case. Our law office is ready to help you understand these options and how to best move forward.
Contact a Brownsville Pedestrian Accident Attorney Today
Whether you were struck inside a parking lot, along a sidewalk, or even outside of a crosswalk, you may be entitled to substantial compensation. However, you must first go through the negligent driver’s insurance company. In some instances — particularly when you have a Texas personal injury lawyer on your side — this may be enough to secure fair financial compensation. However, insurers sometimes refuse to acknowledge driver negligence or offer what victims are rightly entitled to.
At The The Castro Law Office, we’ve seen too many innocent people have their lives derailed when struck by a negligent automobile driver. Unfortunately, this is a common occurrence when people forgo legal representation. We don’t want to see this happen to anyone, and that’s why we offer a free case evaluation to individuals and their loved ones who were harmed in a pedestrian collision. You deserve an advocate on your side who will fight tirelessly to get every bit of compensation you deserve.
That’s exactly what you’ll find at The Castro Law Office. Contact us today at (956) 253-7770 to schedule your free initial consultation. Our Brownsville pedestrian accident attorneys are here to help.