If you have been hit by a car while walking and are suffering from severe injuries, you may be eligible to file a pedestrian accident claim. Experienced Austin pedestrian accident lawyer Daniel Smith can take on your case and fight to get you the compensation you deserve. We are sorry that you have to deal with these injuries that could have been prevented. If you have a lot of medical bills, are missing time at work, and can’t enjoy your life because of the accident, please call our office today for a free initial consultation.
Pedestrian Accident Statute of Limitations
In Texas, you have to abide by the statute of limitations. You have two years from the date of the accident to either bring your claim or have it settled. This is not a loose time limit. It is hard and final. If you try to bring a claim a day after two years, you will be barred from compensation altogether. Just because you have two years to file the claim, doesn’t mean you should take that whole time to talk to an attorney. The sooner you talk to an Austin pedestrian accident lawyer, the more time you have to strengthen your case which will ensure you have the best possible result.
Rules of Compensation
There are some simple rules in Texas that we follow regarding the amount of compensation you can get. Texas is a state that uses modified comparative negligence. You can get barred from receiving compensation if you are found to be more than 50% at fault for the accident. This might happen if you really didn’t look both ways and walked into moving traffic. Most likely, that’s not the case. If you are at fault for less than 50%, you won’t be barred from compensation, but you will have your award reduced. This might happen if you crossed somewhere that there wasn’t a designated crosswalk, but the driver of the car that hit you was being careless. In these cases, it’s down to math. If you were awarded $100,000 and deemed to be 10% at fault, then you can collect $90,000 of the award. Now, if you were deemed 0% at fault for the accident because the driver was perhaps on their cellphone and should have stopped for you, then you do not have to worry about any reduction to your compensation.
Dealing with the Insurance Company
The ones who have a role in pointing blame at you is the liable party’s insurance company. They have a job to protect their own interests, which is saving money. They will try their very best to reduce or eliminate your claim. If they call you shortly after the accident asking for a statement about the accident. If you value your claim, you should not give them any details about what happened. They aren’t actually trying to be helpful. They are trying to trip you up and get you to say something that would give them a reason to withhold the compensation that you fully deserve. When they call you, tell them that they can ask the questions they need to through your attorney.
Steps to Take Before Filing
Getting to a doctor is so important after the accident. You might not have a choice if you were knocked unconscious and taken on an ambulance. If you need emergency medical attention, you should be seeking it as soon as you’re able to. If you try to brush off some of your pain, you run the risk of worsening your condition. Also, if you avoid going to the doctor, the insurance company will try to say that you couldn’t possibly be that injured and that you do not deserve compensation for your injuries. Therefore, it is the most important thing you need to do for yourself and for your case if you want it to be successful.
It is just as important to hire an attorney who knows what they are doing. At the scene of the accident, you need to collect evidence. If you’re too injured to do it yourself, then your attorney can do it for you. Photos need to be taken of the scene and the debris from the collision. Contact information needs to be gather from witnesses and the driver who hit you. That can all be done with the help of your attorney.
Contact Our Office Today
When you are injured in a pedestrian accident, it can stir up a lot of trouble in your life. You might not be able to return to normal day-to-day life and that can be hard on you and your family. We will do everything I can to get you the most compensation possible. Please call Austin pedestrian accident lawyer Daniel Smith today for a free consultation. We will be glad to take your call and go over your case in detail so that you feel supported and educated about your case.