Pedestrian Accident Lawyers in Odessa, TX
Pedestrian accidents in Odessa, TX, may not be as common as car accidents, but when they happen, they can often have life-altering impacts. Pedestrian accident victims can suffer physically and financially as a result of the accident. An experienced personal injury attorney can help victims navigate the complexities of insurance claims and lawsuits.
If you have suffered a pedestrian accident in Odessa, TX, you can get in touch with us at Amanda Demanda Injury Lawyers. Our team is dedicated to holding the negligent party accountable for their actions and helping victims get maximum compensation for their suffering.
Understanding Pedestrian Accidents In Odessa, TX
The statistics for pedestrian accidents in Texas reveal an alarming trend. According to the Texas Department of Transportation, pedestrian traffic fatalities increased 22 percent in Texas from 2019 to 2023. A lot of accidents that didn’t result in a fatality involved serious injuries. Unlike occupants of a car, pedestrians have no protection from the force of a collision and even a minor accident can result in serious injuries such as spinal cord damage, traumatic brain injuries, broken bones and fractures, burns, cuts, and lacerations.
The impact of pedestrian accidents often goes beyond injuries. The victims and their families can suffer significant trauma and financial burden as a result of the accident. The injured worker may suffer lost wages and if the injuries are severe, they may lose their future earning potential. Additionally, pedestrian accidents can impact the daily lives of individuals and strain their personal and professional relationships, making recovery even more challenging.
While all road users share a responsibility to follow the rules of the road, it is essential for drivers, motorcyclists, and bicyclists to exercise caution regarding pedestrians. As pedestrians have no protective equipment, they are the most vulnerable road users.
The pedestrian infrastructure in Odessa, TX, needs improvement, especially in terms of the availability and condition of existing pedestrian walkways and pathways. While some newer areas have better pedestrian infrastructure, many older neighborhoods still lack adequate sidewalks and crosswalks.
Pedestrians can also take a few important steps to minimize the risk of an accident. Whenever crossing the road, they should use designated crosswalks and while crossing they should look both ways and only cross when vehicles have come to a complete stop. Avoiding distractions, such as using cell phones can also help minimize the risks of accidents.
Odessa’s Pedestrian Laws: Your Legal Rights When Hit by a Car
Under Texas law, pedestrians have the right of way at crosswalks and intersections, placing the onus on drivers to yield to pedestrians at marked crossing areas. While pedestrians are required by law to cross roads at designated crosswalks, drivers still have a duty to be vigilant and avoid collisions with pedestrians. This means that even if the pedestrian is jaywalking, the motorist should try their best to avoid a collision.
In cases where there is shared liability, the pedestrian and motorist could both have some fault for the accident. Odessa, TX, follows the modified comparative negligence rule. For example, if a pedestrian is jaywalking, but the motorist is also speeding, both parties could be held partially liable for the accident.
Under the modified comparative negligence rule, a party involved in the accident can recover compensation even if they are partially at fault for the accident as long as their share of fault is less than 51%. In addition, the rule requires that the compensation be adjusted according to their share of fault in the pedestrian accident. To learn more, please get in touch with our Odessa pedestrian accident lawyer.
Steps To Take After A Pedestrian Accident
If you are involved in a pedestrian accident, you need to take a few key steps to protect your rights. In the immediate aftermath of the accident, your priority should be to seek medical attention for your injuries and to get other parties involved in the accident the medical aid they need.
Call 911 as soon as possible and tell them your location and relevant details about the accident. Even if you have minor injuries, it is important to get checked by professionals because some injuries, like internal bleeding or concussions, may not present immediate symptoms but could worsen over time. In addition, the medical check helps establish a record of your injuries and might be useful if you file a personal injury claim or lawsuit to recover damages.
If you are at the accident site and are in stable condition, you can collect evidence. This may include taking photos of the vehicles involved, the location, traffic signs, road conditions, and your injuries. Some of this evidence may not be available later so it is important to gather it while you can. However, if you need emergency medical care, you can have someone else gather evidence for you or wait until you can return to the accident scene.
The law enforcement officials will make a police report detailing the accident, including information about the parties involved in the accident and how the accident happened. This report can be crucial for your insurance claim or personal injury lawsuit. You can get a copy of this report from the police station where the report was filed. It may take a few days for you to obtain the report as the police have to process it.
If you have insurance that covers this type of accident, you must notify your insurance company as soon as possible. While you want to be truthful about everything you share with them, avoid admitting fault or sharing unnecessary information, as the insurance company can use that information to deny your claim or reduce your payout.
Another key step to take after a pedestrian accident is to consult a pedestrian injury lawyer in Odessa who can assess your case and guide you on the best legal course of action. The car accident lawyer can also help you understand your rights and responsibilities so you can make informed decisions about your case.
Compensation for Injured Pedestrians
Victims of pedestrian accidents have the right to seek compensation for all the suffering that directly resulted from the accident. However, they have to establish liability to prove the other party was responsible. The pedestrian must demonstrate that the other party had a duty of care, which was breached, leading to the accident and causing harm. For example, a driver has the duty of care to follow traffic laws and be aware of pedestrians in crosswalks. If the driver failed to yield to a pedestrian on the crosswalk, then they breached their duty of care and would be held liable for the pedestrian’s damages.
The compensation for injured pedestrians can include lost wages, medical expenses, property damage, loss of earning potential, pain and suffering, and any other losses that were a direct result of the accident. In some cases, punitive damages may also be awarded if the at-fault party’s behavior or misconduct was especially reckless or egregious. If you would like to learn what compensation you can receive for your specific case, consult one of our personal injury lawyers at Amanda Demanda Injury Lawyers.
Services Offered By Amanda Demanda Injury Lawyers
When you choose to work with Amanda Demanda Injury Lawyers, you get a dedicated team of some of the best pedestrian accident lawyers in Odessa who will handle all the legal aspects of a pedestrian accident case. Here is an overview of some of our most commonly used services:
Legal Consultation And Advice
At Amanda Demanda Injury Lawyers, our goal is to use our legal expertise and experience to guide our clients on all matters related to their cases. We take a personalized approach to each case so the first step is to understand your case so we can tailor our legal strategy accordingly. Our legal consulting and advice empower our clients to understand their legal rights and the steps involved in pursuing compensation for their losses.
Compensation Claim Processes
Our legal team can manage all the steps of a compensation claim process, including conducting thorough investigations to gather evidence, preparing and filing all the legal paperwork, and negotiating with the insurance companies to ensure you get a fair settlement for your medical bills and other expenses.
Wrongful Death Claims
Unfortunately, some pedestrian accidents can lead to fatalities. If you have lost a loved one, we can help you file a wrongful death claim against the at-fault party. You may be able to recover compensation for the loss of companionship, funeral and burial costs, and other damages related to the loss of a loved one.
Negotiation With Insurance Companies
One of the key advantages of hiring our seasoned and skilled Odessa personal injury attorney is that we know how to handle negotiations with insurance companies that might try to use various tactics to minimize their payout. However, our Odessa pedestrian accident attorneys know how to build a strong case and manage communications with insurance companies to ensure our clients get full and fair compensation.
Representation In Court
While we understand that there are advantages to settling a pedestrian accident case out of court, if we are not able to reach a fair settlement, our legal team is prepared to go to court on behalf of our client. We will present a compelling case to a judge or jury to get the best possible outcome in a trial.
Frequently Asked Questions About Pedestrian Accidents
What Role Does Expert Testimony Play In Pedestrian Accident Claims?
Personal injury claims for pedestrian accidents often involve complex issues related to the cause of the accident and the assessment of damages. Expert testimony can play a key role in providing clarity on such matters. For example, expert testimony can simplify matters for a jury, enabling them to understand the technical aspects of the case, such as vehicle accident dynamics and the psychological impacts of pedestrian accident injuries. It can often be challenging to find experts who can offer their testimony but an experienced and resourceful attorney can engage qualified experts.
How Can Pre-Existing Conditions Affect My Pedestrian Accident Claim?
Pre-existing conditions are often a contentious matter in accident injury claims. The legal team of the opposing party or the insurance companies responsible for paying damages may argue that your injuries were a result of a pre-existing condition so their liability should be reduced. Even if you had a pre-existing condition, you could prove that the accident caused it to worsen and you deserve compensation. Alternatively, you can argue that you did not have a pre-existing condition and that your injuries resulted entirely from the pedestrian accident.
To build a strong case, you need medical documentation and records that can show the severity of your injuries and how they occurred. You can also use your medical history to show the state of any pre-existing conditions before the accident.
What Are The Benefits Of Pursuing Punitive Damages In A Pedestrian Accident Case?
Punitive damages can be a strong deterrent for the perpetrator and can help discourage similar actions or behavior in the future. For the victims, punitive damages can increase their compensation. If punitive damages are a consideration in the case, they could also give you a stronger negotiating position with the opposing party.
Schedule a Consultation with an Odessa Pedestrian Accident Attorney
When you are ready to discuss your case with an experienced attorney, contact us at Amanda Demanda Injury Lawyers. We will schedule an initial consultation to understand your case and guide you on the best legal path. If you proceed with us, our team will conduct a thorough investigation of the case to gather evidence and initiate legal action to help you get maximum compensation for your losses. Contact us to get started today and let us help you seek the justice you deserve. We also offer services for bicycle accidents, car accidents, motorcycle accidents, and other injury cases.
Abogados para Latinos - At Amanda Demanda Injury Lawyers, we understand the importance of having legal representation that speaks your language and understands your culture. That’s why we have a dedicated team of native Spanish-speaking attorneys and staff who are ready to assist you. We are proud to serve Miami's vibrant Hispanic community, offering compassionate and culturally sensitive legal services in both English and Spanish. Whether you're more comfortable speaking Spanish or simply want a Spanish-fluent lawyer who understands the unique challenges faced by Latinos, our team is here to provide you with the support and expertise you need to navigate the legal system with confidence.
