Austin Pedestrian Accident Attorney

Texas ranked as the 13th highest state for pedestrian deaths, according to preliminary data for the first half of 2017, as reported by the Governors Highway Safety Association. Nearing 6,000, the yearly number of fatalities in U.S. pedestrian accidents continues to rise at an alarming rate, remaining higher than it has been in more than 25 years according to the National Highway Traffic Safety Administration (NHTSA).

With 5,216 pedestrians injured last year in Texas alone, many are suffering life-altering and costly repercussions. If you or a loved one has been injured or killed in an accident at the fault of another, contact the Bonilla Law Firm PLLC today. Our experienced Austin pedestrian accident attorneys will protect your rights and help you recover the compensation you deserve.

Austin Pedestrian Accident Legal Resources:

Why Choose Us?

  • We have over 30 years of combined litigation experience, allowing us to supply clients with prompt, efficient and effective legal representation.
  • We will conduct a thorough investigation and diligently work on your case until the end.
  • We are dedicated to maintaining the highest moral standards in our decision-making, actions, and communications.
  • We handle all cases on a contingency fee basis, meaning we never charge a fee unless we recover money on your behalf.

The Austin pedestrian accident attorneys at Bonilla Law Firm are here to help victims of pedestrian accidents recoup damages resulting from driver negligence that resulted in accidents. Many times, in pedestrian accident cases, the medical bills and emergency surgeries required can become financially crippling. Our Austin personal injury lawyers help accident victims recover damages and out of pocket costs for medical expenses caused by a serious injury.

What are Common Pedestrian Accident Injuries?

Pedestrians are at a severe disadvantage when involved in a car accident, due to being completely exposed and unprotected. Injuries tend to be significant and may include:

Factors such as where the accident occurs, the size of the vehicle, its rate of speed, the angle and the location of impact will all contribute to how severe the injuries sustained are. Austin pedestrian accident lawyers

Texas Pedestrian Accident Statistics

  • Texas was one of five states responsible for 43% of all pedestrian fatalities in the first half of 2017. (GHSA)
  • 5,216 pedestrians were injured in 2017. (Texas DoT)
  • Pedestrian fatalities in 2017 totaled 614, a 9.7% decrease from the year before. (Texas DoT)
  • Compared to other states, Texas had the second highest number of pedestrian fatalities in 2016. (NHTSA)
  • Three counties ranked in the top 10 for highest numbers of pedestrian deaths in 2016. (Harris, Dallas, and Bexar — GHSA)
  • Between 2014-2016, 80% of pedestrian accidents occurred in the dark. (GHSA)

What are Common Causes of Pedestrian Accidents?

Most often, pedestrian accidents occur due to the negligence of the driver operating the vehicle involved. Common causes include:

  • Speeding – Drivers who fail to follow the speed limit are much less likely to be able to react to avoid pedestrians or stop before striking a pedestrian. Unfortunately, high-speed impacts are going to be devastating for pedestrians.
  • Distracted driving -Distracted driving entails any driving behavior that takes a driver’s attention off the roadway. This includes texting and driving. Distracted drivers have been increasing significantly over the last few years, particularly as technology becomes more and more integrated into our vehicles.
  • Disregarding weather or traffic conditions – Weather and traffic conditions can significantly alter the way the driver needs to operate their vehicle on the roadway. Drivers have a duty to operate their vehicles safely in accordance with the conditions on the roadway to protect pedestrians and other motorists.
  • Failing to signal while turning – Other drivers on the roadway, as well as pedestrians, depend on a vehicle operator using their turn signals appropriately. A turn signal lets everybody around a driver know their intention, and failing to properly signal before making a turn could result in catastrophic accidents involving seriously injured pedestrians.
  • Failing to yield the right of way to pedestrians at crosswalks – In nearly all circumstances, pedestrians have the right of way when there is a crosswalk present. Drivers must yield to pedestrians when there is a marked crosswalk or at an intersection.
  • Disobeying traffic signs or signals – If a driver fails to follow traffic signals or traffic signs, pedestrians will not be able to proceed safely in or around the roadway.
  • Driving under the influence of drugs or alcohol – Negligent drivers operating under the influence of alcohol or drugs are much more likely to strike pedestrians who are in or around to the roadway.

The driver’s negligence will need to be proven in order for them to be held liable and for the pedestrian to receive compensation for their injuries. If both the pedestrian and the vehicle’s driver share some of the blame, the driver will often still be responsible for giving some compensation. In this case, the pedestrian would need to be less than 50% at fault and their total compensation would be reduced by the percentage they are found to be at fault.

A qualified pedestrian accident lawyer can evaluate your claim and help explain your options. Our Austin car accident lawyer will seek maximum compensation from individuals at fault, and negotiate with insurance companies and fight for appropriate damages for the serious injuries that occurred in your accident.

Why You Need an Austin Pedestrian Accident Attorney

The at-fault party may attempt to blame you for the accident occurring, hiring an attorney who has extensive pedestrian accident claim experience immediately, will protect you from admitting fault without knowing all of the facts. A pedestrian accident lawyer is critical in aiding with the gathering of evidence in order to establish liability. Their skillful negotiation tactics will also help you avoid a quick and inadequate settlement that an insurance company will attempt to offer you so that you receive the compensation you are entitled to.

How Can I Stay Safe as a Pedestrian?

According to the National Highway Traffic Safety Administration (NHTSA), there are various ways that pedestrians can stay safe on the roadway.

  • Be predictable and follow all the rules of the roadway. This includes obeying traffic signs and signals.
  • Use sidewalks whenever they are available. If there is no sidewalk, walk facing traffic and as far away from that traffic as possible.
  • Be alert to traffic conditions at all times and do not get distracted by electronic devices that take your eyes or ears off the road. This includes not wearing headphones while near traffic.
  • Use crosswalks or intersections when they are present to cross the roadway. Even when you have a green light to walk or are at an intersection, please look both ways before crossing.
  • If there is no crosswalk or intersection available, cross the roadway only in a well-lit area, and only after you see that there is a big enough gap in traffic to allow you to cross safely.
  • Never assume that a vehicle driver sees you. Make eye contact with the driver to ensure that they see you as you approach.
  • Make sure you are visible to vehicles. This includes wearing bright clothing during the day and even reflective materials at night.
  • Pay special attention when you are in an area where vehicles may be backing up, such as driveways or parking lots.

What Should I Do If I’ve Been Involved in a Pedestrian Accident?

Accidents involving pedestrians can cause catastrophic damages to an injured victim. If you have been involved in, or were witness to, a pedestrian accident perform the following steps:

Get to a Safe Area

If the pedestrian is able to do so, clear the crosswalk or any area on the street where a victim could be exposed to traffic. Get to a sidewalk or an area where there is no impending danger. It is also important for any vehicle involved in the accident to move to a safe area and initiate the car’s hazard lights.

If the accident is severe, first responders will provide aid to injured individuals at the scene of the accident. Do not try to move an individual that has lost consciousness or cannot move their person under their own power. Wait for first responders to arrive at the scene to administer first aid.

Call the Police

If victims of a pedestrian accident are unable to do nothing else, it is imperative to call the police or 911 in emergency situations. The police, and the police report, will be critical if an accident victim chooses to pursue a personal injury claim at a later point.

Document the Details

After a stressful event occurs individuals may have difficulties remembering specific, or in some cases, broad details. This loss of ability to create memories is called anterograde amnesia and can result from a traumatic brain injury or PTSD from a shocking event. This event can make it difficult, or in certain instances impossible, for seriously injured individuals to remember the exact details and facts that led to the cause of the injury.

If victims are able to do so, it is important to take notes and document the scene of the accident. A smartphone can be a very helpful tool to perform this task. Snap photos of the street, the vehicles involved and the driver of the vehicle’s registration, insurance and driver’s license and take additional written notes.

If the victim requires medical care, treatment or physical therapy to recover from the injuries, keep all of the documents available along with photos or a backup of the document. It is important to have a backup in the event that the originals get damaged or another unforeseen event occurs. Keep all documentation on the events leading up to the accident, any and all parties involved, the scene of the accident and the events and medical care after the event.

Contact a Pedestrian Accident Lawyer

If you suffered physical or emotional damages resulting from the accident, contact an experienced pedestrian accident attorney. A lawyer can handle negotiations with any insurance companies involved, conduct the additional necessary research and calculate and assess the damages for the damages caused from the accident.


What Damages Are Available to Injured Pedestrians in Austin, TX?

After an accident involving a pedestrian occurs, the injuries suffered can be very impactful to a victim and, in certain instances, catastrophic in nature.

Pedestrians that have suffered injuries from a vehicle, can face an uphill road to recovery. The recovery process can be daunting and victims involved in pedestrian accidents can require compensation to help offset damages from:

  • Pain and suffering
  • Medical bills
  • Emotional distress
  • Lost wages and income
  • Rehabilitation costs
  • Loss of enjoyment of life

To discuss the impact, damages and injuries suffered from a pedestrian accident involving yourself or a loved one, contact our Austin pedestrian accident attorneys. Bonilla Law Firm has decades of combined legal experience assisting individuals in Travis County and Central Texas with personal injury needs.

What Is the Statute of Limitations for Pedestrian Accident Cases in Texas?

After suffering an injury resulting from a pedestrian accident, it is important for victims and their loved ones to be cognizant of the Statute of Limitations. The statute of limitations dictates the amount of time a plaintiff has to file a civil suit for damages caused from an accident. If an injured victim does not file suit within the time-frame, the injured victim risks losing the ability to recover compensation. If a victim has suffered injury from a pedestrian accident, the sooner the victim contacts an attorney the better.

In Texas, the statute of limitations for personal injury is two years from the date that the “day the cause of action accrues.” Sec. 16.003 in the Civil Practice and Remedies Code outlines the limitations for personal actions in Texas.

Contact Us

Our pedestrian accident lawyers at Bonilla Law Firm PLLC, know how to identify and overcome obstacles that can arise when filing a personal injury claim. If you or loved one has been the victim of a pedestrian accident, let our skilled and experienced legal team give you peace of mind by taking care of the litigation process so that you may focus on your recovery. Our law firm is composed of experts that specialize in personal injury cases involving Texas law. Contact us today via our free online contact form or call today at (512) 441-1111 to discuss the specifics of your unique case.

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