Though you may expect to be safer as a pedestrian than when traveling by car, statistics reveal that the risk of pedestrian accidents is still very real in Austin. According to the Texas Department of Transportation’s Motor Vehicle Traffic Crash Facts, there were 61 people killed and 1,144 people seriously injured across the state in 2017.
If a family member has been injured, you probably want to do as much as you can to help them. The first step is reviewing certain information on these cases so you can provide essential support for the victim. You can trust an Austin pedestrian accident attorney to assist with the specifics, but some general information may be useful.
Victims’ Rights in Pedestrian Accidents
When a pedestrian is struck by a motorized vehicle, it’s usually because the driver was negligent. Your loved one may be entitled to recover compensation if by proving that the motorist’s carelessness was a direct cause of the injury-causing accident. Monetary damages are available to cover such losses as:
- Medical bills;
- Lost wages;
- Pain and suffering;
- Diminished quality of life; and,
- Many more.
Filing an Insurance Claim
Even though the driver was a direct cause of a pedestrian accident, a victim typically seeks compensation by filing a claim with the motorist’s insurance company. There are two issues that a claims adjuster will carefully scrutinize:
- Who was at fault; and,
- The nature of the victim’s injuries.
Your family member will need solid proof on both points since a claims adjuster will look for any and all reasons to deny the claim. These employees use an array of tactics and tricks to avoid paying a fair, reasonable amount.
Litigation and Next Steps
If your loved one can’t reach a settlement with the insurance company after a pedestrian accident, it may be necessary to file a lawsuit in court. Litigation is extremely complex and requires in-depth knowledge of statutory law, case precedent, and court rules.
Hiring an Attorney is Critical
A final point on what to know if your family member was hurt in a pedestrian accident is that legal representation is crucial. A lawyer can advocate on your behalf in dealings with an insurance company and will counter any attempts to prevent you from getting fair compensation for your losses. Your attorney will also take the claim to court as necessary to protect the legal rights of your loved one.
Consult with an Austin Pedestrian Accident Lawyer About Your Claim
With this information, you’re in a better position to help an injured loved one after a pedestrian accident. Still, it’s smart to retain a personal injury attorney to handle the legal tasks involved with pursuing a claim for compensation. To learn more, please contact Robert Littlefield Buford III, Attorney at Law to speak with an experienced lawyer. Our team serves clients in Austin, TX and throughout Travis County, and we’re happy to review your circumstances.
