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In 2012, a total of 26 pedestrians died in Austin, a third of all traffic fatalities in the city that year, according to statistics from the Austin Transportation Department, Police Department, and Public Works Department. Because of a pedestrian’s total lack of protection, even minor accidents can cause severe injuries. Recovering compensation while trying to heal from your injuries or mourn a lost family member can be difficult. For help, call a pedestrian accident lawyer in Austin.
The pedestrian accident lawyers at Lovins Trosclair can help protect your rights and get you the money you deserve. Call us today at 512-535-1649 to schedule a free initial consultation.
What are common causes of pedestrian accidents?
Many pedestrian accidents occur because careless motorists do not obey the laws in place to protect pedestrians. Not obeying these rules — as well as other general traffic laws — causes a majority of pedestrian versus car accidents where the motorist is at-fault. These laws include requiring drivers to:
- Exercise “due care” to avoid endangering pedestrians
- Yield to pedestrians in intersections or marked crosswalks
- Stop or slow down when passing a stopped vehicle, to ensure the other driver is not allowing a pedestrian to cross
Common negligent actions that cause this type crash include:
- Distracted driving (e.g., texting, talking on the phone, talking to passengers, daydreaming, eating, etc.)
- Ignoring traffic signals
- Failure to yield during turns
- Driving under the influence
- Fatigued driving
How can injured pedestrians recover compensation after an accident?
If a careless motorist was at-fault in your accident, you have the right to file a third-party liability insurance claim against that driver’s insurance. Under Texas law, all motorists have to carry a minimum bodily injury liability policy ($30,000 per person, $60,000 per accident) designed to cover your medical bills and other related costs in this type of incident.
While this may seem straightforward, and it should be, this is not always true. Insurance companies have certain tactics they use to trick injured victims into reducing the value of their claim or accepting much less than they deserve.
The Austin pedestrian accident lawyers at Lovins Trosclair understand the methods insurance companies use to do this, and can fight them on your behalf. This allows our clients to collect the maximum amount of compensation available to them.
If your damages exceed the limits of the motorist’s liability policy or if the insurer refuses to offer you a fair settlement, we can also file a personal injury lawsuit on your behalf. This will motivate the insurance company to negotiate a fair settlement, or allow the court to determine how much compensation you receive.
What if I suffered injuries in a hit and run accident?
If the driver who hit you left the scene of the crash and the police cannot locate them, filing a third-party liability claim may be impossible. This does not mean you are out of luck, however. Lovins Trosclair can help you review your other options for compensation. This may include:
- Your personal injury protection coverage included in your auto insurance
- Your uninsured motorist/underinsured motorist policy
- Other parties who contributed to causing your accident
How can I prove the driver was at-fault?
In order to recover compensation in a claim or lawsuit, you need to prove the other driver caused the crash by acting carelessly. This requires meeting four specific elements to show negligence:
- The driver had a duty to drive in a safe manner that did not endanger other road users (i.e., by following traffic laws).
- The driver failed to meet this responsibility (e.g., ran a red light).
- The driver’s action, or lack of action, caused the crash and your injuries (e.g., the driver turned right without checking the intersection and hit you, causing your traumatic brain injury and spinal cord damage).
- You suffered actual damages in the accident (e.g., medical bills, lost wages, pain and suffering).
To meet these requirements, you and your legal team will need to collect and present a wide variety of evidence to support your negligence claim and to prove your damages. While this evidence varies greatly based on the circumstances of your accident, it often includes:
- Police reports
- Reports from first responders and eyewitnesses
- Documentation of the scene
- Accident reconstruction
- Your medical records
- Proof of lost wages
What types of damages can I recover?
Texas auto insurance laws allow you to recover compensation for almost any accident-related cost, up to the limits of the policy. This includes:
- Medical bills
- Rehabilitation costs
- Current and future lost wages
- Ongoing care costs
- Money for necessary home or vehicle modifications due to disability
- Transportation to and from doctors’ visits, and other incidental costs
- Pain and suffering
- Other emotional costs
- Funeral costs, if the injuries were fatal
When possible, it is important to be able to show proof of your accident-related expenses. We can help you calculate the damages you suffered, and collect the evidence to prove these losses. This is key in maximizing the compensation you recover with your claim.
How can Lovins Trosclair help me get the compensation I need?
The Austin pedestrian accident attorneys at Lovins Trosclair have helped thousands of clients get the compensation they deserve after a Texas car accident or pedestrian collision. We can file your insurance claim or pedestrian accident lawsuit, allowing you to recover money for medical bills, lost income, and pain and suffering.
If you lost a loved one to a pedestrian accident, we can help you recover wrongful death damages, including funeral expenses, lost income, medical bills, and loss of companionship.
Lovins Trosclair is ready to go to work for you. To learn more about how we can help, call us today at 512-535-1649. Remember that the initial consultation is free and you never pay us until we recover the compensation you deserve.