Here are Your Legal Rights and Options Going Forward
Sometimes, being a pedestrian comes with significant risks—especially in urban areas like Texas, where increasing population and traffic have led to a rise in pedestrian accidents. With more cars on the road every day, it’s no surprise that pedestrian fatalities tragically totaled 807 lives lost in 2023.
Typically, when a pedestrian accident occurs, it’s unintentional. However, if you’ve asked yourself, “Have you been the victim of an intentional pedestrian car accident?”, the legal implications become much more severe. Intentional incidents can lead to not only civil suits but also criminal charges for the motor vehicle operator. For the injured pedestrian, the injuries sustained can be both physical and emotional, such as post-traumatic stress disorder (PTSD), making the pursuit of compensation even more essential.
Most pedestrian accidents happen near traffic signals and heavily congested pedestrian traffic areas. In cases involving serious injury or death, filing a pedestrian accident lawsuit or a wrongful death claim may be necessary to recover damages. A successful pedestrian accident case can provide compensation for medical bills, emotional distress, and financial loss.
If you or a loved one has been intentionally hit by a vehicle, partnering with an experienced attorney can help you understand your rights and the legal steps for pursuing justice. An attorney will guide you through the complexities of the legal process and help you hold the responsible party accountable.
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 motor vehicle accident 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. These accidents occur frequently in areas with heavy foot traffic or near traffic signals, where dangerous behaviors such as ignoring traffic signals, distracted driving, and drunk driving often lead to collisions. 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 help you recover compensation for pedestrian injuries, including both non-fatal injuries and more severe outcomes from motor vehicle crashes. Whether the accident scene involves a pickup truck or a smaller vehicle, an attorney can guide you through the insurance claim process and negotiate with the insurance company on your behalf. Additionally, they will ensure that the investigation addresses whether the driver failed to yield at a designated crosswalk or ignored posted safety tips meant to keep pedestrians safe.
Data from the Centers for Disease Control highlights the significant impact of traffic fatalities, reinforcing the need for strong legal support to hold negligent drivers accountable. As your dedicated advocate, your lawyer will work tirelessly to secure the best possible outcome so you can focus on healing and moving forward.
Allow the Personal Injury Attorneys Angel Reyes & Associates to Guide Your Way
The compassionate team 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 to seek compensation to help ease the pain. When a pedestrian accident occurs, timely medical treatment is essential, and the financial burden of those treatments should not fall solely on you. Partnering with one of our expert attorneys means you’ll have a dedicated advocate who will handle your case with empathy—negotiating with the insurance company on your behalf and ensuring you get the support you need.
According to the National Highway Traffic Safety Administration, pedestrian-related accidents have a significant impact nationwide. Our team will stand by you from the initial free consultation until the final resolution, fighting for your right to fair compensation every step of the way.
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.
