Heath, TX Pedestrian Accident Lawyers

Common Causes of Pedestrian Accidents in Heath, TX 

Heath, Texas, is a growing community where it is not uncommon to see pedestrians and motorists sharing the roads.

Pedestrian accidents can happen for various reasons, including:

• Distracted driving: Texting, talking on the phone, using in-car entertainment systems, and other distractions can cause drivers to miss pedestrians on crosswalks or sidewalks
• Speeding: Excessive speed reduces reaction time, making it difficult for drivers to stop in time to avoid an accident
• Failure to yield: Drivers who fail to yield at crosswalks or intersections often cause pedestrian collisions
• Drunk driving: Intoxicated drivers have reduced reflexes and impaired judgment, making them a significant danger to pedestrians
• Poor road conditions: Lack of proper signage, poor lighting, and damaged crosswalks are factors that can contribute to pedestrian accidents
• Weather conditions: Rain, fog, or other adverse weather conditions can reduce visibility and increase the risk of pedestrian accidents

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Heath, Texas Pedestrian Accidents Can Result in Severe Injuries

Pedestrian accidents often result in severe or catastrophic injuries due to the lack of protection compared to occupants of passenger vehicles. 

Common injuries include:

• Broken bones
• Lacerations
• Head and traumatic brain injuries (TBI)
• Internal organ damage
• Amputations
• Wrongful death

The impact of these injuries can be long-term, requiring ongoing medical treatment, rehabilitation, and financial support. 

How an accident attorney can handle other insurance companies:

Determining Liability in a Heath Pedestrian Accident

Liability in pedestrian accidents refers to determining which party is responsible for the injuries and damages caused by the incident. In Texas, liability is generally based on negligence, meaning that the party whose careless or reckless actions caused the accident will be held financially responsible. 

Let’s consider a few key factors in determining liability.

Driver negligence

Whether they are dropping their kids off at school, going to the grocery store, driving to work, or going anywhere else, drivers in Heath have an obligation to operate their vehicles safely and obey traffic laws. 

A driver may be considered at fault if he or she had:

• Been speeding or driving carelessly
• Failed to yield at crosswalks or intersections
• Run a red light or stop sign
• Been driving distracted
• Been driving under the influence of alcohol or drugs

Pedestrian negligence

Pedestrians must also follow traffic laws and act responsibly. 

Pedestrians may be found partially or fully at fault if they:

• Jaywalked (crossed the street without designated crosswalks)
• Ignored traffic signals or walked against a red light
• Walked while distracted (such as walking while looking at a phone)
• Entered traffic unexpectedly without giving drivers time to react

Comparative fault laws

Texas follows a modified comparative negligence rule, meaning that an injured pedestrian can still recover damages as long as he or she is less than 51 percent at fault. However, the compensation awarded will be reduced by the percentage of his or her fault. 

For example, if you are awarded $10,000 but found 25 percent at fault, your compensation will be reduced accordingly, and you will receive $7,500 in damages. 

Other contributing factors

In some situations, vehicle malfunctions, such as a tire blowout or brake failure, may contribute to a pedestrian accident. Defective auto parts could shift all or part of the blame on the manufacturer. 

Uneven sidewalks, broken traffic signals, or poorly lit crosswalks can contribute to a pedestrian accident. In these situations, the government party responsible for road maintenance may be liable for the incident. 

How a Heath, TX Personal Injury Lawyer Can Help

After being injured in a pedestrian accident, you may be unsure of how to recover compensation for your medical bills and other damages. A pedestrian accident attorney can file your claim and handle every step of the legal process.

Consider some of the steps pedestrian accident lawyers take for their clients. 

1. Investigating the accident

Personal injury attorneys gather evidence to establish fault and liability, including:

• Police reports
• Traffic camera footage
• Eyewitness statements
• Accident reconstruction analysis
• Medical records documenting injuries

2. Determining fair compensation

A pedestrian accident lawyer can result in significant losses, such as:

• Medical expenses
• Lost wages
• Loss of future earning capacity
• Pain and suffering
• Emotional distress
• Property damage

3. Handling insurance companies

Insurance companies often try to minimize payouts by:

• Blaming the pedestrian for the accident
• Offering low settlements 
• Delaying the claims process

A skilled attorney will negotiate aggressively with insurers to ensure you receive a fair settlement. 

4. Proving negligence and liability

To build a strong case, your personal injury lawyer must demonstrate that the other party was negligent. 

This involves proving:

• Duty of care: The driver had a legal obligation to drive safely
• Breach of duty: The driver acted negligently
• Causation: The negligence directly caused the accident
• Damages: The pedestrian suffered actual injuries and losses

5. Representing you in court

If a fair settlement cannot be reached, your lawyer will take the case to trial. He or she will present evidence and advocate for your best interests before a judge and jury. 

Injured in a Pedestrian Accident in Heath, TX? Contact Our Law Firm Today

Being hit by a vehicle as you walk is an incredibly scary and potentially life-changing experience. In the aftermath, you may be unsure of where to turn to for help. The compassionate pedestrian accident lawyers at our law firm are here for you. 

If you or a loved one has been injured in a pedestrian accident, you don’t have to face the legal battle alone. Insurance companies may try to minimize your claim, but a skilled personal injury attorney will fight for the compensation you deserve. 

At Fielding Law, we have the experience and dedication to stand up for your rights and hold negligent parties accountable. Contact us today for a free case review, and let us help you take the first step towards justice. Call us at 877-880-4090, where someone is available to take your call 24 hours a day, 7 days a week. 

What Clients Say About Us:

“Mitch poured his heart and his soul into our family and offered a piece of himself to us! We are forever grateful for all of the help that Mitch offered our family! He is one of a kind! We would highly recommend him and would be happy to speak with anyone who would like to inquire about the quality of his services!” -Jane & John Lacasse