Because pedestrians have no protection in a collision, injuries are frequently catastrophic. Traumatic brain injuries are among the most common and serious, resulting from the initial impact and from striking the ground or other objects after being thrown. Spinal cord injuries can cause partial or total paralysis and permanently alter how a victim can live and work. Broken bones, particularly in the legs, hips, and pelvis, often require surgery and extended rehabilitation. Internal organ injuries, severe lacerations, nerve damage, and road rash are also common. Many victims also experience lasting psychological effects including PTSD, anxiety, and a persistent fear of walking near traffic.
Chaile Allen builds cases that account for all of it, including future medical costs, ongoing rehabilitation, and the non-economic toll of living with a serious injury.
What to Do After a Pedestrian Accident in Abilene
The steps taken in the hours and days after a pedestrian accident have a direct impact on the strength of a legal claim. First and most importantly, seek medical attention immediately, even if injuries seem minor. Adrenaline can mask serious harm, and some injuries including internal bleeding and traumatic brain injuries do not present obvious symptoms right away. Texas law requires reporting accidents involving injury, and failing to do so can result in a fine of $1,000 or more.
Avoid making detailed statements to the driver’s insurance company before speaking with an attorney. Insurers may use anything said in the immediate aftermath to reduce or deny a claim. Contact Chaile Allen as early as possible so that accident scene evidence can be preserved, surveillance footage can be requested before it is overwritten, and witnesses can be identified while memories are fresh.
Proving Liability in a Pedestrian Accident Claim
To recover compensation, four legal elements must be established: the driver owed a duty of care to the pedestrian, that duty was breached through negligent conduct, the breach directly caused the pedestrian’s injuries, and the injuries resulted in measurable damages. Chaile Allen investigates every aspect of the crash to build that foundation, including obtaining police reports, traffic camera footage, medical records, and expert analysis where appropriate.
Texas follows a modified comparative fault rule, which means that even if a pedestrian is found partially responsible for the accident, compensation can still be recovered as long as their share of fault does not exceed 50 percent. Chaile Allen works to accurately establish fault and push back against any effort to assign the pedestrian more responsibility than the facts support.
Damages Available in a Pedestrian Accident Case
A successful pedestrian accident claim can recover economic damages including all medical expenses from emergency care through ongoing treatment and future care, lost wages and reduced earning capacity, and costs for assistive devices or home modifications if injuries are permanent. Non-economic damages address the pain and suffering, emotional distress, disfigurement, and loss of enjoyment of life that a serious injury causes. Car accident and pedestrian accident claims share many of the same damages frameworks, but pedestrian cases typically involve more severe injuries and higher overall losses.
Texas Filing Deadlines
Texas law gives most pedestrian accident victims two years from the date of the accident to file a personal injury claim. Missing this deadline forfeits the right to pursue compensation regardless of how clear the driver’s fault was. The Texas statute of limitations for injury cases explains how this deadline applies and the limited circumstances where exceptions may exist. Acting quickly is always the right approach.