Pedestrian Accident Lawyers in McAllen, TX

Common Causes of Pedestrian Accidents in McAllen

Pedestrian accidents often stem from various traffic violations and unsafe driving behaviors. Here are some of the most common causes:

• Distracted driving: Texting, talking on the phone, or other distractions can cause drivers to not notice pedestrians crossing the street, placing walkers at significant risk.
• Speeding: Drivers exceeding speed limits have less time to react to pedestrians, especially on busy streets. Higher speeds also increase the severity of resulting injuries.
• Back-up accidents: In parking lots or residential driveways, drivers often reverse their vehicles without checking for pedestrians, leading to accidents even at low speeds.
• Poor visibility: Reduced visibility at night or in poorly lit areas, such as parking lots or certain streets, makes it harder for drivers to spot pedestrians until it’s too late.
• Impaired driving: Driving under the influence of alcohol or drugs impairs a driver’s reaction time and judgment, raising the risk of pedestrian accidents.
• Aggressive driving: Drivers who run red lights or make dangerous turns put pedestrians in harm’s way, particularly at busy intersections or near schools.
• Failure to yield: Drivers who fail to stop for pedestrians at crosswalks or intersections can cause serious accidents, especially when pedestrians have the right-of-way.
• Weather conditions: Bad weather, such as rain or fog, can reduce visibility and road traction, making it harder for drivers to see pedestrians and stop in time.

Every driver has a duty to operate their vehicle safely. When they don’t, others can suffer the consequences. At Leah Wise Law Firm, we’re committed to fighting for justice on behalf of victims of pedestrian accidents.

Injuries Common in McAllen Pedestrian Collisions

These accidents often result in severe injuries that require extensive medical treatment and long-term recovery. At Leah Wise Law Firm, we help clients recover damages for:

• Traumatic brain injuries (TBI): Head impacts can lead to concussions, brain bleeds, or lasting cognitive impairment, requiring ongoing care and rehabilitation.
• Spinal cord injuries: Severe trauma to the spine can cause paralysis, requiring lifelong care and modifications to accommodate mobility challenges.
• Broken bones: Fractures to the legs, arms, pelvis, and ribs are common and often require surgery and long recovery periods.
• Internal organ damage: Blunt trauma can rupture organs and cause internal bleeding, which can be life-threatening without immediate surgery.
• Soft tissue injuries: Injuries to muscles, ligaments, and tendons can cause chronic pain, limited mobility, and long-term rehabilitation.
• Road rash and scarring: Abrasions from sliding on the road can lead to painful injuries and permanent scarring, affecting both comfort and appearance.
• Wrongful death: In fatal pedestrian accidents, we help grieving families file wrongful death claims to cover funeral expenses and lost support.
• Knee and joint injuries: Pedestrian accidents often cause significant damage to the knees and joints, leading to long-term pain, surgeries, and physical therapy.
• Pelvic injuries: A blow to the pelvis can result in fractures or organ damage, which can be debilitating and require long-term recovery and rehabilitation.

If you’ve suffered injuries like brain trauma, spinal cord damage, broken bones, or soft tissue injuries, we’re here to fight for your rights and support you through the legal process.

Compensation for Pedestrian Accident Victims

In Texas, victims of pedestrian accidents have the right to recover compensation for the physical, emotional, and financial impact of the incident. We fight to secure the following types of damages for our clients:

Texas Pedestrian Laws You Should Know

As a personal injury law firm deeply rooted in South Texas, we’re equipped to help you navigate your claim or lawsuit. To win a personal injury lawsuit, you must understand the legal framework. Texas statutes define the duties of both drivers and pedestrians.

Right-of-Way Rules

Under Texas Transportation Code § 552.003, drivers must yield to pedestrians in a marked crosswalk. If a driver hits you while you are legally crossing, their negligence is clear.

Pedestrian Responsibilities

Texas law also states that pedestrians should use sidewalks where provided. If no sidewalk exists, you must walk on the left side of the road, facing traffic. Adhering to these rules helps protect your claim from defense tactics.

Driver Duty of Care

Even if a pedestrian is not in a crosswalk, drivers have a duty to exercise due care to avoid a collision. This includes sounding a horn and being extra cautious around children or confused individuals.

Modified Comparative Negligence

Texas uses a "51% rule," according to the Texas Civil Practice and Remedies Code § 33.001. You can still recover compensation if you were partially at fault, as long as your responsibility does not exceed 50%. However, your payout is reduced by your percentage of fault. Insurance adjusters love to use this rule to deny claims, which is why you need a personal injury attorney to defend your actions.

Statute of Limitations

You generally have two years from the date of the accident to file a lawsuit. Missing this deadline usually results in the dismissal of your case.