MCALLEN PEDESTRIAN ACCIDENT LAWYER

McAllen Pedestrian Accident Attorney

Committed Support for Pedestrian Accident Victims in McAllen, TX

Pedestrian accidents frequently occur due to distracted, intoxicated, or reckless drivers. Unlike cyclists who may wear helmets, pedestrians have no protection, making them particularly susceptible to serious injuries in a crash. When a vehicle hits a pedestrian, especially at high speeds, it can lead to significant injuries such as traumatic brain injuries, fractures, and spinal cord damage, often necessitating extensive medical treatment and rehabilitation. Consult with a skilled McAllen Pedestrian Accident Attorney to advocate for your case.

While crosswalks are intended to safeguard pedestrians, careless drivers continue to cause devastating accidents and wrongful deaths. Survivors endure not only physical injuries but also the stress of dealing with insurance companies that may attempt to unfairly assign blame to them.

At the Ryan Solis Law Group, we recognize these difficulties and have the expertise to combat insurance company strategies. We are dedicated to assisting pedestrian accident victims in managing the emotional and financial burdens of their injuries, ensuring they receive the compensation they are entitled to.

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Why Choose the Ryan Solis Law Group to Represent Your Pedestrian Accident Case?

âś… The Ryan Solis Law Group has secured millions in compensation for clients in personal injury cases, including pedestrian accidents. 

âś… With over 19 years of experience in serving personal injury victims throughout McAllen and the Rio Grande Valley, Ryan Solis is a highly qualified advocate. 

✅ Ryan has been recognized as the “Best Personal Injury Attorney in South Texas” by Stellar Business and received the “CityOf” 2024 Premiere Service Award.

âś… Our personal injury law firm boasts a verified A+ rating from the Better Business Bureau and is a member of both the McAllen Chamber of Commerce and the Rio Grande Valley Hispanic Chamber of Commerce.

✅ When you choose us, you work directly with Ryan Solis. We don’t pass you off to other attorney; you deal with our main personal injury lawyer personally.

✅ We work on a contingency-fee basis—no fees unless we win your case.

Pedestrian Rights in Texas

In Texas, while pedestrians don’t always have the right of way, drivers bear the primary responsibility to prevent collisions. The law requires drivers to exercise due care to avoid hitting pedestrians, including using their horns to warn them and taking special precautions for children or disabled individuals (Texas Transportation Code § 552.008). Texas laws also protect pedestrians injured due to a driver’s negligence, such as inattentiveness, reckless behavior, aggressive driving, or driving under the influence.

After a motor vehicle strikes a pedestrian, many victims may face long recovery periods that can last months or even years. Tragically, some accidents can be fatal. In such cases, the surviving family members may have grounds to file a wrongful death lawsuit. If the deceased experienced significant suffering before passing, the family and the pedestrian’s estate might also pursue a survival claim.

Victims and their families encounter numerous physical and financial challenges following a pedestrian accident. Regardless of how the accident happened, hiring an experienced injury lawyer as soon as possible can significantly improve your chances of securing compensation. Collecting evidence such as witness statements, photos and videos of the scene, and medical records can help a Texas personal injury lawyer assess your claim more effectively.

If you’ve been injured in a pedestrian accident, contact our McAllen pedestrian accident lawyer at the Ryan Solis Law Group for a FREE CASE REVIEW. Our attorney works on a contingency basis, meaning you pay NO FEES unless we successfully secure a settlement for you, with our fee coming from a portion of that settlement.

Source: TxDOT – Pedestrian and Pedalcyclist Related Injuries and Crashes.

Pedestrian Injured from Pedestrian Accident
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Texas Pedestrian Accident Statistics

In 2021, Texas recorded 5,366 accidents involving motor vehicles and pedestrians, averaging about one pedestrian accident every 1.6 hours. These incidents included:

❌ Fatal Crashes: 819 accidents resulted in the deaths of 824 pedestrians in 2021.
❌ Serious Injury Crashes: 1,346 crashes led to 1,381 pedestrians suffering serious injuries.
❌ Minor Injury Crashes: 1,837 accidents caused minor injuries to 1,937 pedestrians.
❌ Possible Injury Crashes: 1,150 incidents resulted in 1,230 pedestrians being possibly injured.
❌ No Injury Crashes: 201 non-injury accidents involved 251 pedestrians who were unharmed.
❌ Unknown Severity Crashes: 13 crashes had undetermined severity, affecting 77 pedestrians.

These statistics highlight the urgent need for awareness and safety measures for pedestrians on Texas roads.

Common Causes of Pedestrian Accidents in McAllen

Negligent motor vehicle operation is a leading cause of pedestrian accidents in and around McAllen. This negligent driving can manifest in several ways, including:

âś… Traffic Law Violations: Drivers who ignore traffic laws, particularly at intersections, significantly increase the risk of collisions with pedestrians. This includes speeding, disregarding traffic signals, and failing to yield to pedestrians in crosswalks.

âś… Distracted Driving: Drivers engage in distracted driving when they take their focus off the road. For instance, if a driver glances at a text message, even briefly, they may overlook a pedestrian in a crosswalk and cause an accident.

âś… Intoxicated Driving: When drivers operate their vehicles under the influence of alcohol or drugs, their reaction times can slow, making it difficult to stop in time to avoid hitting a pedestrian.

Understanding these causes is crucial for promoting safety and preventing pedestrian accidents in McAllen.

Common Injuries Sustained by Pedestrians in Accidents

Pedestrian accidents frequently lead to severe and life-altering injuries. Unlike cyclists, who may wear helmets and protective gear, pedestrians are completely exposed when struck by vehicles or when falling to the ground. This vulnerability puts them at significant risk.

Common injuries include:

âś… Broken bones
âś… Spinal cord injuries
âś… Traumatic brain injuries
âś… Internal organ damage
âś… Lacerations
âś… Crush injuries
âś… Road rash

These injuries can profoundly affect the victim’s physical health, emotional state, and financial stability. It’s essential to consult with a McAllen pedestrian accident attorney who understands the serious nature of these injuries and can effectively advocate for your rights.

Other Common Causes of Pedestrian Accidents

In Texas, pedestrian accidents and crosswalk incidents often result from various negligent behaviors by drivers. Some of the most frequent causes include:

âś… Running a red light or stop sign
âś… Making illegal turns
âś… Failing to yield the right of way
âś… Not signaling or checking mirrors before merging
âś… Driving on sidewalks
âś… Disregarding crossing guards and traffic officers

No matter the specific cause of your accident, if you have been struck by a negligent driver, it’s important to contact our McAllen pedestrian accident attorney to learn how we can help protect your rights.

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Maximizing Compensation for Your Pedestrian Accident Injuries

If you or a loved one has been injured in a pedestrian accident, it’s crucial to understand the types of damages you may be entitled to.

One of the primary types of damages to consider is medical expenses. From emergency room visits to ongoing rehabilitation, the costs associated with treating your injuries can accumulate rapidly. Consulting with an attorney can help you accurately assess these expenses, ensuring you receive full compensation for your medical bills.

In addition to medical costs, you may also qualify for compensation for lost wages. If your injuries have kept you from returning to work or caused you to miss significant time, you may be eligible to recover those lost earnings. An experienced attorney can assist you in gathering the necessary documentation and evidence to support your claim for lost income.

Finally, in certain situations, you might be able to seek compensation for pain and suffering. This encompasses physical pain, emotional distress, and the overall impact the accident has had on your quality of life. Evaluating and quantifying these damages can be challenging, but a McAllen pedestrian accident attorney can help determine the compensation you deserve.

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Statute of Limitations for Pedestrian Accident Cases

The statute of limitations establishes a deadline for filing a lawsuit after an accident. In Texas, the statute of limitations for personal injury cases, including pedestrian accidents, is generally two years from the date of the accident.

It’s crucial to keep this time limit in mind, as failing to file your claim within this period may forfeit your right to seek compensation for your injuries. Delaying too long can lead to your case being dismissed, leaving you with no legal recourse.

To ensure you give your attorney enough time to gather evidence, build a strong case, and file your lawsuit, don’t hesitate to begin the legal process as soon as possible.

Proving Driver Negligence in Pedestrian Accidents

Establishing fault in pedestrian accident cases requires your attorney to show that the driver of the vehicle that hit you was negligent. While it may seem straightforward when a driver strikes a pedestrian, proving negligence involves specific legal elements that your attorney must demonstrate. In Texas, your McAllen pedestrian accident lawyer needs to establish four key components:

âś… Duty of Care: Your attorney must show that the driver had a legal obligation to exercise care. Texas law mandates that drivers operate their vehicles safely to protect pedestrians, cyclists, and others from the dangers posed by motor vehicles.
âś… Breach of Duty: Your attorney must also prove that the driver breached this duty of care. This means the driver acted in a way that a reasonable person would not in similar circumstances. Examples of such behavior include:

• Speeding or driving unsafely for the conditions
• Running a stop sign or red light, particularly if turning right while you had the right of way
• Being intoxicated at the time of the incident
• Driving distracted, such as texting while driving
• Failing to pay attention at a crosswalk and disregarding pedestrian safety laws

âś… Causation: Your attorney needs to demonstrate that your injuries were directly caused by the driver’s breach of duty. Essentially, you would not have sustained your injuries if the driver had fulfilled their obligation to you.
âś… Damages: Your attorney must prove that you suffered actual financial, physical, and emotional losses due to your injuries. This is often shown through medical bills, lost wages, and other related damages.

Our McAllen pedestrian accident attorney can evaluate the specifics of your case to determine if driver negligence occurred. We offer FREE CONSULTATIONS for victims of pedestrian accidents in McAllen and throughout Texas, so don’t hesitate to contact us. Our attorney is committed to securing every dollar of compensation you are entitled to under Texas law.

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What If I Was Partially at Fault for My Pedestrian Accident?

In Texas, the modified comparative negligence rules apply when determining compensation for personal injury claims. This means that if you, as the pedestrian, are found partially responsible for the accident, you can still recover damages from the driver, though your compensation may be reduced based on your level of fault.

For instance, if you stepped into the road where there wasn’t a designated crossing and are deemed 20% liable for the accident, your total compensation would be decreased by that 20%. Therefore, even in cases where fault is shared, it’s still worthwhile to pursue legal action. A pedestrian accident lawyer can provide specific guidance based on your situation.

What If the Driver Who Hit Me Doesn’t Have Insurance?

One of the most challenging situations after being hit as a pedestrian is discovering that the driver either lacks auto insurance, has let their coverage lapse, or only carries minimal liability limits that are inadequate for your serious injuries. In such cases, you may need to rely on your own auto policy’s uninsured or underinsured motorist coverage. If you don’t have these optional coverages, your only option might be to sue the at-fault driver personally in hopes of recovering any assets they may own.

Being involved in a pedestrian accident can be both stressful and traumatic. Regardless of the circumstances, you may still be entitled to compensation for your damages. If you or a loved one is facing this situation, reach out to the Ryan Solis Law Group today for a free, no-obligation consultation.

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Contact Us to Consult with a McAllen Pedestrian Accident Attorney

At the Ryan Solis Law Group, we believe there is no justification for drivers who endanger the lives of pedestrians. When individuals suffer preventable injuries in such pedestrian accidents, we strive to secure maximum compensation from the driver to ensure that victims and their families receive the financial support they need and deserve. We know how to hold drivers accountable and are prepared to assist you with your claim.

If you’ve been involved in a pedestrian accident caused by a negligent driver and have questions about your rights to compensation for medical expenses, lost wages, and other damages, our experienced McAllen pedestrian accident lawyer is ready to help. Call the Ryan Solis Law Group at 956-450-7427 or fill out our online contact form. Consultations are always free and come with no obligation.

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Frequently Asked Questions

Insurance companies will always try to minimize their pedestrian accident payouts to you. One effective way to combat this is by staying informed. Below are some common questions from our pedestrian accident clients that you might find useful.

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After seeking medical care, one of the first questions an injured pedestrian often has is whether they have a personal injury case. The short answer is that if you have suffered injuries or damages due to a driver’s negligence, you likely have a valid legal claim. For example, this could apply if a vehicle failed to yield the right-of-way in a crosswalk, ignored traffic signals, or was speeding and lost control. An experienced McAllen pedestrian accident lawyer can examine the details of your accident and provide guidance on the strength of your case.

As a victim of a pedestrian accident, you may be entitled to various forms of compensatory damages under Texas law, including:

 

  • Current and future medical expenses
  • Lost wages due to time off work during recovery
  • Costs associated with physical rehabilitation or long-term care
  • Compensation for pain, suffering, and emotional distress
  • Permanent physical impairments or disabilities
  • Damage to personal belongings (such as clothing, shoes, glasses, or mobility aids)

 

The exact value of your claim will depend on the severity of your injuries, your prognosis, and the extent of your losses. An experienced pedestrian accident lawyer can help you calculate a demand amount that accurately reflects the full range of your damages.

Yes, under Texas law, pedestrian accident victims have two years from the date of their accident to take legal action and file a lawsuit against the at-fault driver. This time limit applies whether the case is settled out of court or goes to trial. If you do not act within this two-year period, you risk losing your right to seek compensation. Therefore, it’s important to consult with a pedestrian accident lawyer as soon as possible after your accident.

If you choose to pursue a legal claim after a pedestrian accident, the first step is for your lawyer to formally notify the driver’s insurance company. This notification will include details about the incident and a demand letter outlining the compensation you are seeking. Typically, the insurer will conduct its own investigation to determine liability. Here’s what may happen next:

âś… Acceptance of Fault: The insurance company acknowledges fault based on the evidence and agrees to a settlement, allowing for a quick resolution out of court.

âś… Dispute of Fault or Damages: If the insurer contests fault or the amount of damages, your attorney will then file a personal injury lawsuit on your behalf.

âś… Low Settlement Offer: The insurer may present a low settlement offer in an attempt to settle the case cheaply. You can choose to accept this offer or reject it and continue to seek higher compensation through legal action.

An experienced attorney can effectively negotiate with insurers to secure fair compensation. If a satisfactory settlement cannot be reached, they will represent you vigorously in court.

To build a successful case for an injured client, a pedestrian accident lawyer typically needs several key elements:

âś… Credible Evidence of Traffic Law Violations: This may include police reports, surveillance footage, and eyewitness accounts that demonstrate negligent driving.

✅ Proof of the Driver’s Fault: If the driver’s negligent actions directly caused the pedestrian accident, it strengthens the liability claim.

âś… Documentation of Injuries and Damages: Medical records, physician statements, receipts, and bills are essential to quantify your losses for compensation.

âś… Establishing Long-Term Effects: Evidence showing loss of income, physical therapy treatments, and any permanent disabilities or ongoing pain from the accident can highlight the lasting impact on your life.

When reliable evidence clearly demonstrates that the driver’s legal fault caused significant harm and losses, it creates a strong foundation for a legal victory. An experienced pedestrian accident lawyer knows how to assemble a compelling case that effectively proves both liability and damages.