Here are Your Legal Rights and Options Going Forward
Sometimes, being a pedestrian can come with a multitude of risks – especially in a state with a rapidly growing population like Texas. With more cars on the road every day, it is no wonder that pedestrian fatalities sadly totaled 807 innocent lives lost in 2023.
Typically, when a pedestrian is injured during a car accident, it is exactly that – accidental. However, when the situation becomes intentional, the associated risks and fears escalate exponentially. In turn, the legal ramifications become increasingly complex as well.
If you or a loved one has been intentionally hit by a vehicle, you may wish to partner with a personal injury attorney who will explain your options for taking legal action.
When A Pedestrian Accident Becomes Intentional
Being involved in a car accident is a traumatic experience, but when a driver intentionally hits a pedestrian, the incident goes far beyond the scope of a typical personal injury lawsuit. It may even enter the realm of complex criminal law.
It is important to make this distinction because it will affect how your case is handled and what type of compensation you will be entitled to.
According to the Texas Department of Transportation, pedestrian safety has become a growing concern in the Lonestar State. While most accidents are truly unintentional, certain cases involving deliberate harm require a more specialized legal approach.
Your Legal Rights When You’ve Been Involved in a Deliberate Pedestrian Accident
If you’ve become a victim of an intentional pedestrian car accident, it’s important to understand that you have legal rights under both criminal and civil law:
Criminal Charges
- The driver who caused you harm may face criminal charges such as assault or even aggravated assault.
- The associated criminal proceedings can result in hefty fines, community service, or jail time for the offender.
- It is important to note that pursuing a criminal case doesn’t prevent you from also following through with a civil claim.
Civil Claims
- A civil lawsuit is a bit different, as it involves suing the driver for compensation for the damages and injuries incurred during the intentional pedestrian accident.
- Your potential compensation may include medical expenses, lost wages, pain and suffering, and emotional distress reimbursements.
- While the legal matters can get quite complicated, an experienced personal injury attorney can help you navigate these civil claims with ease.
Essential Steps to Take After an Intentional Collision
According to the National Highway Traffic Safety Administration (NHTSA), California, Florida, and Texas have a higher percentage of pedestrian deaths and injuries than anywhere else in the country.
If you find yourself dealing with the trauma of pedestrian accident injuries, follow these crucial steps:
- Prioritize Your Safety: Move away to the safest area possible and call 911 immediately.
- Seek Medical Attention Right Away: The shock of the incident may stop you from fully realizing the gravity of the situation, and therefore you may not realize you are injured until later. Be sure to seek immediate medical attention to play it safe.
- Report the Incident: Always file a police report – no matter what. This official documentation is a vital component for any future legal action and will be used to defend your case.
- Gather Evidence: If you’re physically able, try collecting as much information as possible – photos of the scene and your injuries, witness statements, etc. Also, it is extremely helpful to have a written recollection of the events from your perspective, so try to jot down some notes while everything is fresh in your mind.
- Contact a Personal Injury Attorney: An experienced lawyer will be your guide through both civil and criminal processes, ensuring your rights are protected, and you receive the compensation you deserve.
The Important Role of Legal Representation for Pedestrian Accident Injuries
In 2020 alone, an estimated 104,000 people were taken to emergency rooms to receive immediate treatment after being involved in a pedestrian car accident. Injuries incurred during these types of accidents can be quite serious, often accompanied by lifelong or even fatal consequences. When the attack is intentional, the damage can be even more severe. If you or someone you love has been hit with intent by a vehicle while walking, you are entitled to take legal action.
We understand that navigating the aftermath of an intentional pedestrian accident can be incredibly overwhelming. You may be hesitant to hire legal reinforcements, but we want to assure you that this is your best course of action. A personal injury lawyer can provide expert guidance to deal with the nuances of civil and criminal law to ensure you are pursuing every possible option to seek the justice you deserve. As your dedicated advocate, your lawyer will negotiate with insurance companies on your behalf to get the best possible outcome.
Allow the Personal Injury Attorneys Angel Reyes & Associates to Guide Your Way
The compassionate team at Angel Reyes & Associates firmly believes that you deserve our steadfast support and peace of mind, knowing your case is in great hands.
We understand that nothing can take back your suffering, but as a victim of intentional harm, you deserve fair compensation to try to ease the pain. When you partner with one of our expert attorneys, they will handle your case with empathy – fighting for you from the initial consultation until the final resolution.
If you or a loved one has been intentionally hit during a pedestrian accident in Texas, please know that you are not alone during this challenging time. Stop by our office today for a free, confidential consultation. Let our extraordinary team of skilled attorneys help you explore your options so you can get back on the road to recovery.
No matter what you have been through, we are here to help.
