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Pedestrian Accidents

Tyler, TX Attorney Helps Victims of Pedestrian Accidents

Board-certified personal injury specialist brings skill and concern to your case

The streets of Texas are not particularly safe for pedestrians. According to the Texas Department of Transportation, 678 pedestrians were killed in traffic accidents throughout Texas in 2016, which was a 21.5 percent increase from 2015. Thousands more suffered debilitating injuries that caused them pain and financial losses. If you were injured in a traffic accident as a pedestrian, the Porter Law Firm, P.C. can help. I am one of the few personal injury attorneys in Texas to be board-certified as a Personal Injury Trial Law specialist. I am determined to manage your case professionally and to secure the full compensation that you deserve.

Proving fault in a pedestrian accident in Texas

The key to recovering compensation for a pedestrian accident is proving liability. If a driver was negligent in striking the pedestrian, liability attaches, and the driver must pay damages. Examples of driver negligence include:

  • Running a red light or a stop sign
  • Failing to yield at a pedestrian crossing
  • Distracted driving, cellphone use or texting that takes the driver’s attention off the street

But, very often, a pedestrian’s own negligence causes the accident or contributes to it. Pedestrian negligence includes:

  • Crossing against the light
  • Darting out or stumbling into traffic
  • Crossing in the middle of the street

Texas operates under a comparative negligence rule that reduces the amount an injured plaintiff can recover in proportion to the plaintiff’s share of fault. If the court decides that the plaintiff is mostly to blame for the accident, no damage recovery is allowed. This is a very important reason to have an experienced auto accident attorney gathering evidence and building a persuasive case on your behalf.

Despite the high incidence of pedestrian accidents, Austin and San Antonio are the only major cities in Texas that have adopted a Vision Zero plan to rethink traffic flow to make streets safer for all users. If you were injured at an intersection where accidents frequently occur, there may be a case that the city is liable for maintaining an unreasonably dangerous intersection.

Insurance factors in a pedestrian accident

Pedestrian injury cases generally begin with a claim against the driver’s insurance company. However, the policy may not be sufficient to cover all of your losses. Or, the driver might not be insured at all. In such cases, you will have to file a lawsuit to get a judgment for the full amount against the motorist. You can also file a claim with your own auto insurance company if you have optional uninsured and underinsured motorist coverage. Unfortunately, even if you are in the right, you can face real obstacles trying to recover compensation. That’s why it’s important to have a capable and dedicated personal injury attorney on your side.

Contact an experienced East Texas attorney for your pedestrian accident for a free consultation

If you have been hurt in a pedestrian accident, trust your claim to a certified personal injury specialist. Call the Porter Law Firm, P.C. at 903-561-5144 or contact me online to schedule a free consultation at my Tyler office.

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Our Office
  • Tyler Office
    3311 Woods Boulevard
    Suite 2
    Tyler, Texas 75707
    Phone: 903-561-5144
    Fax: 903-705-6253