Waco Pedestrian Accident Lawyer

In Waco, Texas, the bustling streets and intersections pose significant risks for pedestrians. When an accident occurs, victims are often left with severe injuries, emotional trauma, and financial burdens. If you or a loved one has been injured, don’t hesitate to seek legal assistance from Craft Law Firm to ensure justice is served and your future is protected.

For a free consultation with a Waco personal injury lawyer, call (254) 212-4107 or message us online today.

Why Choose Our Waco Pedestrian Accident Lawyer?

J. Hunter Craft

Attorney Hunter Craft has been managing high-stakes litigation for over 20 years, including a tenure at one of the world’s most prestigious international law firms. He approaches his role as legal counsel with utmost seriousness and has assembled a team of lawyers who uphold his ethical practices and moral standards.

This dedicated team, along with our hardworking support staff, is what makes Craft Law Firm exceptional. Our goal is to welcome each client as part of our firm’s family both during and after their cases and help them navigate what has become the new normal in their lives.

Craft Law Firm was named one of the Best Law Firms in the United States by Best Lawyers in 2024.

How a Waco Pedestrian Accident Lawyer Can Help With Your Claim

A pedestrian accident lawyer can leverage their knowledge and experience in personal injury law to significantly increase your chances of a favorable outcome and secure maximum compensation. They have the resources to conduct a thorough investigation of the accident and gather crucial evidence such as witness statements, police reports, and medical records to build a strong case.

Your lawyer will also handle all communications with the at-fault party and insurance companies, negotiating on your behalf for the best possible settlement. If a fair settlement cannot be reached, they are prepared to take your case to court, representing your interests and advocating for your rights every step of the way. As a result, you will have the emotional support and guidance needed to help you navigate the legal process with confidence and peace of mind.

Common Causes of Pedestrian Accidents in Waco

Pedestrian traffic is standard in Waco, especially near schools, parks, and shopping centers. Unfortunately, this also means that accidents can and do happen frequently. Pedestrian accidents can occur for various reasons, including:

Driver Negligence: This is one of the leading causes due to negligent behaviors such as distracted driving, speeding, failure to yield, and driving under the influence.
Poor Road Conditions: Inadequate signage, malfunctioning traffic signals, and poorly maintained roads can contribute to pedestrian accidents.
Lack of Pedestrian Infrastructure: Areas without crosswalks, sidewalks, or pedestrian signals are particularly dangerous for those on foot.
Weather Conditions: Rain, fog, and other adverse weather conditions can reduce visibility and increase the likelihood of accidents.

Common Injuries in Pedestrian Accidents

Pedestrian accidents often result in severe injuries due to the lack of protection compared to vehicle occupants. Common injuries include:

Head Injuries: Traumatic brain injuries (TBIs), concussions, and skull fractures can occur when a pedestrian’s head strikes the ground or a vehicle.
Spinal Cord Injuries: These injuries can lead to partial or complete paralysis, significantly impacting the victim’s quality of life.
Fractures: Broken bones, particularly in the legs, arms, and ribs.
Internal Injuries: Damage to internal organs can occur due to the force of impact, often requiring emergency medical treatment.

Who is Liable for a Pedestrian Accident in Waco, Texas?

In Texas, liability for a pedestrian accident depends on the circumstances surrounding the incident. Various parties could be liable, including:

Drivers

If a driver is negligent—such as by speeding, running a red light, driving under the influence, or failing to yield to a pedestrian in a crosswalk—they can be held responsible for the accident.

Pedestrians

In some cases, pedestrians may share liability if they were jaywalking, crossing against a signal, or acting unpredictably. Texas follows a modified comparative fault rule, meaning a pedestrian’s compensation can be reduced by their percentage of fault, and they can only recover damages if they are less than 51% at fault.

Government Entities

If the accident was caused by poor road conditions, faulty traffic signals, or lack of proper signage, a government entity responsible for road maintenance could be held liable. However, suing a government entity involves specific legal procedures and limitations.

Vehicle Manufacturers

If a defect in a vehicle contributed to the accident, the manufacturer could be held liable under product liability laws.

Other Third Parties

In some situations, other parties, such as contractors working on roadways or property owners, might share liability if their actions or negligence contributed to the accident.

Liability often requires thorough investigation and multiple parties may share the blame.

Types of Compensation Available in Pedestrian Accident Cases

Victims of pedestrian accidents may be entitled to various types of compensation depending on the severity of their injuries, the circumstances of the crash, and the responsible party’s actions. These damages fall into two primary categories: economic and non-economic damages.

Economic Damages

Economic damages are quantifiable losses with a clear monetary value. These typically include:

Medical Expenses: Coverage for current and future medical bills related to the accident, including emergency transportation, hospital stays, surgeries, rehabilitation, medication, assistive devices, and ongoing care needs such as in-home nursing.
Lost Wages: Compensation for income lost due to the inability to work during recovery, as well as potential future earnings if the injuries result in long-term or permanent disability that impacts the victim’s ability to return to their job or earn at the same level as before the accident.
Property Damage: Reimbursement for personal property damaged in the accident, such as clothing and electronic devices.

Non-Economic Damages

Non-economic damages are more subjective and relate to the emotional and personal impact of the accident. These may include:

Pain and Suffering: Monetary compensation for physical pain and emotional distress caused by the accident and injuries. It also accounts for ongoing suffering during rehabilitation or in cases of chronic pain caused by permanent injuries.
Emotional Distress and Mental Anguish: Victims may experience anxiety, depression, post-traumatic stress disorder (PTSD), and other psychological effects following a traumatic pedestrian accident. Non-economic damages aim to compensate for these invisible yet very real injuries.
Loss of Enjoyment of Life: If injuries prevent the victim from engaging in activities they once enjoyed—such as sports, hobbies, or spending time with family—they may be entitled to additional compensation.
Disfigurement or Disability: Permanent scarring, loss of limb, or reduced mobility not only affect the victim physically but can also impact self-esteem and quality of life, warranting further compensation.

Punitive Damages

In cases of egregious negligence (e.g., drunk driving) or intentional harm, punitive damages may be awarded to punish the responsible party and deter similar behavior.

Steps to Take After a Pedestrian Accident

If you are involved in a pedestrian accident, taking the following steps can help protect your rights and strengthen your case:

Seek Medical Attention: Your health is the top priority. Seek immediate medical care, even if you don’t feel injured. Some injuries may not be immediately apparent.
Report the Accident: Contact the police and file an official accident report. This documentation will be crucial for your case.
Gather Evidence: If possible, collect evidence at the scene, including photos of the accident, vehicle, and injuries. Obtain contact information from witnesses.
Avoid Making Statements: Refrain from making statements to insurance adjusters or accepting settlements without consulting a lawyer.
Contact a Waco Pedestrian Accident Lawyer: Seek legal advice as soon as possible to ensure your rights are protected and to begin building your case.

Pedestrian accidents can have life-altering consequences, but victims don’t have to face the aftermath alone. A Waco pedestrian accident lawyer can provide the support and tireless advocacy needed to secure fair compensation.

What is the Deadline to File a Pedestrian Accident Claim in Texas?

Under Texas Civil Practice and Remedies Code § 16.003, the statute of limitations for most personal injury claims, including pedestrian accidents, is two years from the date of the accident. This means you have exactly two years from the day the injury occurred to file a lawsuit in civil court. If you miss this deadline, your case will likely be dismissed, and you will lose your right to pursue compensation for your injuries and damages.

Exceptions to the Two-Year Rule

In some cases, there may be exceptions to the two-year deadline:

Minors: If the pedestrian accident victim is a child under 18, the statute of limitations may be “tolled” or paused until the child turns 18. The two-year clock would then begin on their 18th birthday.
Government Liability: If your injury was caused by a government vehicle or occurred on government property (such as a city bus or crosswalk maintenance issue), you must file a notice of claim within six months of the incident under the Texas Tort Claims Act Sec. 101.101(a). This is a much shorter window, and strict procedures must be followed.

Pedestrian Accident FAQs

Q: Can I still recover compensation if I was partially at fault?

A: Yes. Texas follows a modified comparative fault rule. As long as you were less than 51% at fault, you can recover compensation, though your recovery will be reduced by your percentage of fault. For example, if you are 20% at fault, your damages will be reduced by 20%.

Q: How much is my pedestrian accident claim worth?

A: The value of your claim depends on the severity of your injuries, the impact on your daily life, medical costs, lost income, and future recovery needs. A pedestrian accident lawyer can help evaluate your case and pursue the maximum compensation available.

Q: Will insurance cover my injuries as a pedestrian?

A: Yes, the at-fault driver’s auto liability insurance typically covers pedestrian injuries. If the driver is uninsured or underinsured, you may be able to file a claim under your own uninsured/underinsured motorist (UM/UIM) coverage or personal health insurance.

Q: Do I need a lawyer to file a pedestrian accident claim?

A: While you can file a claim on your own, working with an experienced Waco pedestrian accident attorney significantly improves your chances of receiving full compensation. A lawyer can handle investigations, deal with insurance adjusters, and ensure all legal deadlines are met.

Arrange a free consultation with Craft Law Firm today by calling (254) 212-4107 or messaging us online.