Texas has many beautiful scenic areas and sites where residents and visitors can enjoy their time outside. From cycling through the city to enjoying a walk with the family, the state encourages outdoor activities with bike lanes and designated walking paths. However, even with all the safety measures, McKinney law officials put in place, pedestrian accidents can still occur.
When you’re in an accident with a motor vehicle and suffer from any injuries and losses, contact Rose Knows Law for an experienced personal injury attorney. The losses you can incur after an accident can be severe and significantly impact your life. Working with someone you can trust for legal advice is essential when navigating through the process of a claim. Our team handles a comprehensive range of practice areas to serve clients facing various legal challenges within McKinney.
What Are the Most Common Causes for Pedestrian Accidents in McKinney, Texas?
We never think that a harmful car accident can happen until we are put in that frightening situation. The Texas Department of Transportation (TxDOT) reports that there were around 4,852 accidents involving pedestrians in 2020. Within those accidents were 731 fatalities and 1,211 serious injuries.
While accidents can happen at any moment and for many reasons, below are a few of the most common reasons for pedestrian accidents in McKinney, Texas:
Speeding
When a car or vehicle moves at speeds higher than the instructed limit, it can accidentally cause a severe crash. Increased speeds cause drivers not to have time to react if an unexpected situation arises. For example, if a driver speeds down the road and can’t stop or move out of the way for a cyclist, they can inflict various injuries on the person.
Distracted Driving
Most people think about looking at a mobile device when discussing distracted driving. While it is a great example, many types of distractions can cause an accident with a pedestrian. From fiddling with the radio to turning to talk with your children, anything that takes your eyes and mind from the road is considered distracted driving.
Drugs and Alcohol
Driving under the influence of drugs or drunk driving alters your physical state and causes you to have little control of your body. Their reaction times and motor skills are hindered, and they may be unaware of their surroundings, which can cause them to strike an innocent pedestrian.
Fatigue
After a long day of work or spending time with family, there are moments when you are driving, and suddenly you’re pulling into your driveway. While your body was driving and operating on autopilot, your mind was not fully aware of your surroundings. This is extremely dangerous, and it is up to the driver to determine if it is safe enough to drive or if they should pull over and assess their situation.
Disregarding Traffic Rules
Running through red lights, not stopping at stop signs, and turning without stopping are all examples of drivers violating traffic laws. To keep pedestrians and everyone safe on the road, there are rules that drivers and people must follow. When these rules are disregarded or forgotten, there are serious consequences and penalties.
The hospital bills, treatment costs, and other financial losses can significantly impact you and your family’s life. If you sustain injuries in an accident caused by a reckless driver, contact a dependable McKinney pedestrian accident lawyer immediately.
Types of Injuries Caused in a McKinney Pedestrian Accident
In a car accident, the pedestrian involved is vulnerable due to their exposure to the vehicle and outside obstacles. If a pedestrian is struck by a large vehicle at high speeds, they may be pushed into a roadway or into an object. There are many injuries a pedestrian can face because of an accident with a motor vehicle, some of the most common include:
- Traumatic Brain Injury (TBI)
- Fractures and Sprains
- Internal Injuries
- Soft Tissue Injuries
- Concussion
- Whiplash
Severe, life-threatening injuries can change your life forever and hinder your ability to participate in the hobbies you once enjoyed. Instead of handling this situation alone, talk with a legal representative to help guide you through the process.
Your Legal Rights as a Pedestrian in McKinney
Understanding your rights as a pedestrian in Texas is crucial when you’ve been injured in an accident. Under Texas law, pedestrians have the right of way in crosswalks and at intersections when they have a walk signal. However, pedestrians also have responsibilities to follow traffic signals and use sidewalks when available.
When a driver violates traffic laws or acts negligently, causing harm to a pedestrian, the injured party has the right to pursue compensation. Texas follows a modified comparative negligence rule, meaning you may still recover damages even if you bear some responsibility for the accident, as long as you are not more than 50% at fault. Having experienced legal representation ensures your rights are protected and that you receive fair treatment throughout the claims process.
Immediate Steps to Take After a Pedestrian Accident
The moments following a pedestrian accident are critical for both your health and any potential legal claim. If you are conscious and able to move, your safety should be the first priority. Call 911 immediately to report the accident and request medical attention, even if you don’t think you’re seriously injured. Adrenaline can mask pain and symptoms may not appear until hours or days later.
If you’re able, gather contact information from the driver, including their insurance details and vehicle information. Take photographs of the accident scene, vehicle damage, your injuries, and any relevant traffic signs or signals. Identify witnesses and collect their contact information, as their testimony may be valuable later. Avoid discussing fault or accepting blame at the scene, and be cautious about what you say to insurance representatives who may contact you later.
Types of Compensation Available to Pedestrian Accident Victims
Pedestrian accidents often result in significant financial burdens for victims and their families. Economic damages cover quantifiable losses such as medical expenses, rehabilitation costs, lost wages, and property damage. Medical expenses may include emergency room treatment, surgery, hospital stays, physical therapy, and ongoing medical care. If your injuries require long-term treatment or result in permanent disability, future medical costs should also be included in your claim.
Non-economic damages address the intangible impacts of your injuries, including pain and suffering, emotional distress, loss of enjoyment of life, and mental anguish. These damages recognize that an accident’s impact extends beyond financial losses to affect your overall quality of life and well-being. In cases involving particularly egregious conduct, such as drunk driving or extreme recklessness, punitive damages may be awarded to punish the wrongdoer and deter similar behavior in the future.
Texas Statutes and Pedestrian Safety Laws
Texas has specific laws governing pedestrian safety and driver responsibilities. Under Texas Transportation Code, drivers must exercise due care to avoid colliding with pedestrians on roadways and yield the right of way to pedestrians in crosswalks, whether marked or unmarked. At intersections with traffic signals, pedestrians have the right of way when they have a walk signal, and drivers making turns must yield to pedestrians who are lawfully crossing the street.
Texas law also addresses situations where pedestrians may share responsibility for accidents. Pedestrians are required to use sidewalks when they are provided and accessible, and when sidewalks are not available, pedestrians should walk on the left side of the roadway facing oncoming traffic. Understanding these laws is important because insurance companies may use violations to argue that the pedestrian contributed to the accident, which could affect your ability to recover full compensation.
The Investigation Process and Building Your Case
A thorough investigation is essential for building a strong pedestrian accident case. This process begins immediately after the accident and involves collecting and preserving evidence that may disappear over time. Security camera footage from nearby businesses, traffic cameras, and dashcam video can provide crucial evidence about the moments leading up to the accident, but this footage must be obtained quickly as many systems automatically delete recordings after a short period.
Medical documentation plays a vital role in establishing the extent of your injuries and their impact on your life. This includes immediate treatment records, ongoing medical care, rehabilitation notes, and medical opinions about your prognosis and future needs. The investigation process also involves examining the driver’s history, including any previous traffic violations or accidents, which can be crucial in demonstrating negligence and supporting your claim for fair compensation.
Trust a Dependable Pedestrian Accident Lawyer in McKinney, Texas
When a motor vehicle causes you to suffer severe injuries and losses due to their negligent actions, you can seek compensation and recover the damages and harm you incurred. An experienced personal injury lawyer understands what information and documentation are needed for a successful claim, so contacting an attorney you can trust is critical to your case.
Rose Knows Law has over 25 years of experience working with clients across the state of Texas to help recover the compensation they deserve. We understand that an accident comes with many burdens, including financial and physical losses. However, we have the tools and resources to help you recover the compensation you need.
Call (972) 634-7673 or fill out our contact form to schedule a free consultation with a reliable McKinney pedestrian accident lawyer.
