Texas has many beautiful scenic areas where residents and visitors enjoy their time outdoors. From cycling through the city to taking a walk with family, the state supports outdoor activities with bike lanes and designated walking paths. However, even with safety infrastructure in place, pedestrian collisions still occur, and when they do, the consequences may be devastating.
When you are struck by a motor vehicle and suffer injuries and losses, contact Rose Knows Law, P.L.L.C. The losses you may incur after a pedestrian collision may be severe and significantly impact your life. Our McKinney personal injury attorneys have nearly 33 years of legal experience and work with every client directly to pursue the compensation they deserve.
Common Causes of Pedestrian Collisions in McKinney, Texas
Pedestrian collisions may happen at any moment and for many reasons. According to the Texas Department of Transportation, 731 people died in pedestrian-related crashes in Texas in 2020, along with more than 1,200 serious injuries. Texas Department of Transportation TxDOT continues to identify driver and pedestrian behavior as the leading contributors to these tragedies.
Below are some of the most common causes of pedestrian collisions in McKinney:
Speeding
When a vehicle travels above the posted speed limit, a driver may not have enough time to react if a pedestrian enters the roadway. Higher speeds also reduce the driver’s ability to stop safely, increasing the severity of any resulting collision.
Distracted Driving
Distracted driving includes far more than looking at a mobile device. Anything that takes a driver’s eyes or attention away from the road, whether fiddling with the radio or turning to speak with a passenger, may create dangerous conditions for pedestrians. Our McKinney distracted driving attorneys have experience pursuing compensation against drivers who fail to pay attention.
Drugs and Alcohol
Driving under the influence of drugs or alcohol alters a driver’s physical state and reduces their ability to control their vehicle. Reaction times and motor skills are significantly impaired, which may cause a driver to strike a pedestrian without warning. Our McKinney drunk driving accident attorneys may help you hold intoxicated drivers accountable.
Fatigued Driving
Fatigue behind the wheel is especially dangerous because a driver may not recognize how impaired they are. When a driver is too tired to remain fully alert, their reaction time slows and their awareness of their surroundings diminishes. It is the driver’s responsibility to determine whether it is safe to continue driving.
Disregarding Traffic Laws
Running red lights, failing to stop at stop signs, and turning without yielding are all examples of drivers violating the rules of the road. When these laws are disregarded, pedestrians face serious risks and drivers may face significant legal consequences.
Hospital bills, treatment costs, and other financial losses from a pedestrian collision may significantly impact you and your family. If you sustain injuries in a collision caused by a reckless driver, contact a McKinney pedestrian accident lawyer at Rose Knows Law, P.L.L.C. right away.
Common Injuries in McKinney Pedestrian Collisions
Pedestrians are particularly vulnerable in collisions because they have no protection from the vehicle or surrounding objects. If struck by a vehicle at high speed, a pedestrian may be thrown into traffic or into other obstacles. Some of the most common injuries include:
- Traumatic brain injury
- Fractures and sprains
- Internal injuries
- Soft tissue injuries
- Concussion
- Whiplash
- Spinal cord injuries
Severe, life-altering injuries may permanently change your ability to participate in activities you once enjoyed. Rather than navigating this process alone, a legal representative may help guide you through the claims process and fight for the full compensation you deserve.
Your Legal Rights as a Pedestrian in McKinney
Knowing your rights as a pedestrian in Texas is crucial when you have been injured in a collision. Under Texas law, pedestrians have the right of way in crosswalks and at intersections when they have a walk signal. Pedestrians also have responsibilities, including following traffic signals and using sidewalks when available.
When a driver violates traffic laws or acts negligently and causes 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 share some responsibility for the collision, as long as you are not more than 50% at fault. Having legal representation helps protect your rights and may ensure you receive fair treatment throughout the claims process.
Steps to Take After a Pedestrian Collision
The moments following a pedestrian collision are critical for both your health and any potential legal claim. If you are conscious and able to move, prioritize your safety first. Call 911 immediately to report the collision and request medical attention, even if you do not think you are seriously injured. Adrenaline may mask pain, and symptoms may not appear until hours or days later.
If you are able, gather contact information from the driver, including insurance details and vehicle information. Take photos of the scene, vehicle damage, your injuries, and any nearby traffic signs or signals. Identify witnesses and collect their contact information, as their statements may be valuable later. Avoid discussing fault at the scene, and be cautious about what you say to insurance representatives who may contact you.
Compensation Available to Pedestrian Collision Victims
Pedestrian collisions often result in significant financial burdens. Economic damages cover quantifiable losses such as medical expenses, rehabilitation costs, lost wages, and property damage. Medical expenses may include emergency treatment, surgery, hospital stays, physical therapy, and ongoing care. If your injuries require long-term treatment or result in permanent disability, future medical costs should also be factored into 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 the collision’s impact extends beyond financial losses to your overall quality of life. In cases involving particularly egregious conduct, such as drunk driving or extreme recklessness, punitive damages may also be available.
Texas Pedestrian Safety Laws
Texas has specific laws governing pedestrian safety and driver responsibilities. Under the Texas Transportation Code, drivers must exercise due care to avoid colliding with pedestrians on roadways and must yield the right of way to pedestrians in marked and unmarked crosswalks. 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 lawfully crossing the street.
Texas law also addresses situations where pedestrians may share responsibility for a collision. Pedestrians are required to use sidewalks when available, and when sidewalks are not accessible, they should walk on the left side of the roadway facing oncoming traffic. Insurance companies may attempt to use any pedestrian traffic violations to argue that the pedestrian contributed to the collision, which could reduce or eliminate compensation. An attorney may help counter these arguments and protect your right to fair recovery.
Building Your Pedestrian Collision Case
A thorough investigation is essential to building a strong pedestrian collision case. This process begins immediately after the collision and involves collecting and preserving evidence that may disappear quickly. Security camera footage from nearby businesses, traffic cameras, and dashcam video may provide crucial evidence about the moments leading up to the collision, but this footage must be obtained promptly as many systems delete recordings automatically within days.
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 may also involve examining the driver’s history, including previous traffic violations or prior collisions, which may help demonstrate negligence and support your claim.
Frequently Asked Questions About McKinney Pedestrian Collisions
How long do I have to file a pedestrian collision claim in Texas?
Under Texas law, you generally have two years from the date of the collision to file a personal injury lawsuit. Missing this deadline may mean losing your right to pursue compensation entirely. Consulting an attorney promptly after a collision helps protect your claim.
What if the driver who hit me does not have insurance?
If you were struck by an uninsured or underinsured driver, you may still have options for recovery depending on your own policy. Our uninsured and underinsured motorist attorneys may help you explore all available avenues for compensation.
Can I still recover compensation if I was partially at fault?
Texas follows a modified comparative negligence rule. As long as you are not found to be more than 50% responsible for the collision, you may still pursue compensation. Your award may be reduced proportionally to your degree of fault.
What steps should I take right after being hit as a pedestrian?
Call 911, seek medical attention immediately, document the scene if you are able, collect witness contact information, and avoid making statements about fault to anyone at the scene. Then contact a pedestrian accident attorney as soon as possible to protect your rights.
What kinds of compensation may I receive for my injuries?
You may be eligible to recover medical expenses, lost wages, future medical costs, pain and suffering, emotional distress, loss of enjoyment of life, and, in cases involving egregious conduct, punitive damages.
When you need a McKinney pedestrian accident lawyer, Rose Knows Law, P.L.L.C. is ready to fight for you. Attorney Dale R. Rose has nearly 33 years of legal experience, has tried over 165 first-chair jury trials across more than 54 Texas counties, and has recovered over $18 million for clients since 2010. We work with each client directly from start to finish so you stay informed and involved throughout the process. All cases are handled on a contingency fee basis, meaning you pay no attorney fees unless we recover compensation for you. Call (972) 634-ROSE (7673) or complete our online contact form to schedule your free consultation today.