Kaufman, TX Pedestrian Accident Lawyer
An East Texas attorney who stands by your side every step of the way
Walking should be one of the safest ways to travel. Unfortunately, pedestrians face serious risks when drivers fail to pay attention, speed, or ignore traffic signals. Even at low speeds, being hit by a vehicle can lead to life-changing injuries. A car traveling just 30 mph can cause severe harm to someone on foot.
If you or a loved one was struck while walking in Kaufman, you may be facing overwhelming medical bills, time away from work, and uncertainty about your future. You deserve accountability and fair compensation for your ordeal. You need a Kaufman pedestrian accident lawyer. Weinstein Law can help.
Our team understands how quickly a pedestrian accident can alter your life. We know the tactics insurance companies use to downplay or deny your claim, and we fight to ensure our clients are treated fairly. To learn how we can help, contact us online or call for a free consultation.
“It was a very pleasant and satisfying experience. All who helped me are deserving of a job well done... in my opinion you are very professional and do an outstanding job.” – James, ⭐ ⭐ ⭐ ⭐ ⭐
FAQs About Pedestrian Accidents in Kaufman, TX
- Where do most pedestrian accidents happen in Kaufman, TX?
- What are common causes of pedestrian accidents in Kaufman?
- What types of injuries do pedestrians sustain in accidents?
- What steps should I take after a pedestrian accident in Kaufman, TX?
- How is fault proven in a pedestrian accident case?
- What types of compensation can I get for a pedestrian accident in Kaufman, TX?
- Can I still get compensated if I was jaywalking?
- What if my pedestrian accident was a hit-and-run?
- How long do I have to file a pedestrian accident claim in Texas?
- Why should I hire a pedestrian accident lawyer in Kaufman, TX?
Where do most pedestrian accidents happen in Kaufman, TX?
Pedestrians in Kaufman face significant risks at some of the city’s busiest intersections and roadways. High traffic volume, fast-moving vehicles, and complex turning patterns make certain areas especially hazardous for people on foot. At Weinstein Law, we know the area well and recognize dangerous patterns in these spots:
- State Highway 34 (Washington Street) & State Highway 243
- U.S. Highway 175 & State Highway 34
- South Washington Street near Post Oak Street and Grove Street
- Mulberry Street and State Highway 243 near Kaufman High School
- FM 1388 near Kings Fort Parkway
- U.S. Highway 175 frontage roads and on-ramps near the city limits
If you’ve been hurt, an experienced Kaufman pedestrian accident attorney can help.
What are common causes of pedestrian accidents in Kaufman?
Drivers must always watch for pedestrians, especially in urban areas and residential neighborhoods. Common factors in pedestrian crashes include:
- Distracted driving: Texting or looking at a phone while driving means eyes are off the road, increasing the chance of hitting someone.
- Failure to yield: Drivers who ignore crosswalks or traffic signals may strike pedestrians legally crossing.
- Speeding: Speed reduces the time a driver has to see and react to someone on foot. Higher speeds also increase injury severity.
- Impaired driving: Alcohol and drugs impair judgment and reaction time. A drunk driver might not see a pedestrian until it’s too late.
- Poor visibility: Nighttime, bad weather, dark clothing, and poorly lit areas make it harder to see pedestrians. Drivers should slow down and use extra caution in such conditions.
- Backing up accidents: Drivers reversing out of driveways or parking spaces may not see pedestrians behind them.
- Right-turn accidents: Drivers turning right on red may look left for oncoming traffic but forget to check for pedestrians crossing the road they are entering.
No matter how your pedestrian accident occurred, our Kaufman pedestrian accident law firm can gather and analyze the facts to determine what happened.
What types of injuries do pedestrians sustain in accidents?
Pedestrians have no protection against the force of a vehicle. As a result, injuries are often severe, including:
- Head and brain injuries: Concussions, skull fractures, and traumatic brain injuries are common and can cause lasting cognitive and emotional effects.
- Spinal injuries: Broken vertebrae, herniated discs, and spinal cord damage can lead to paralysis or chronic pain.
- Broken bones: Legs, arms, ribs, and hips are frequently fractured. Healing may require surgery and months of rehabilitation.
- Internal injuries: Spleen, liver, and other organs can be damaged, causing internal bleeding. Internal injuries are life-threatening if not treated promptly.
- Lacerations and abrasions: Deep cuts and road rash can lead to infection and scarring.
- Psychological trauma: Being hit by a vehicle can cause anxiety, depression, and PTSD.
What steps should I take after a pedestrian accident in Kaufman, TX?
In the immediate aftermath of a pedestrian crash, try to stay calm and focus on safety and documentation. Here are the steps you should take:
- Get to a safe place and call 911: Move out of the roadway if you can and call for police and medical help. Even if your injuries seem minor, get checked by paramedics.
- Collect information: Obtain the driver’s name, contact information, license number, insurance details, and vehicle plate. Ask witnesses for their contact information.
- Photograph the scene: Use your phone to photograph the vehicle, skid marks, crosswalks, traffic signals, and your injuries. These images can be important evidence.
- Don’t discuss fault or blame: Don’t apologize or admit any wrongdoing or discuss who was to blame. You may not know all the circumstances, and any statements can be used against you.
- Seek medical attention: See a doctor immediately after your pedestrian accident, even if paramedics clear you. Some injuries don’t show symptoms right away and can be masked by adrenaline and shock.
- Report the pedestrian accident: File a police report and notify your health or auto insurance, if applicable. Document all medical appointments, treatments, and expenses.
- Talk to an attorney: Get legal help and don’t give any recorded statements to insurance companies. A Kaufman pedestrian accident lawyer can explain your rights and handle communications with insurance companies.
How is fault proven in a pedestrian accident case?
To recover damages after a pedestrian accident, you must show that the driver was negligent or reckless and that their actions caused your injuries. This means you must prove four key areas:
- Duty of care: The driver (or other responsible party) must have owed a legal duty to the pedestrian. All drivers have a duty to operate their vehicles safely, follow traffic laws, and watch for people crossing the road.
- Breach of duty: You must show that the driver failed to uphold that duty. Examples include speeding, running a red light, texting while driving, or failing to yield at a crosswalk.
- Causation: It must be proven that the driver’s actions directly caused your pedestrian accident and resulting injuries. This connection is often supported by police reports, accident reconstruction, or witness statements.
- Damages: You must have suffered actual harm because of the pedestrian accident, such as medical expenses, lost wages, or pain and suffering.
Weinstein Law can gather evidence to strengthen your case and hold the negligent party accountable. This may include police reports, witness statements, surveillance videos, medical records, and even testimonies from crash reconstructionists and other experts.
What types of compensation can I get for a pedestrian accident in Kaufman, TX?
If you’re hurt in a pedestrian accident, you can recover current and future damages until you reach maximum medical improvement. Compensation may cover:
- Medical expenses: This covers emergency treatment, hospitalization, surgeries, rehabilitation, medications, and future care.
- Lost wages and earning capacity: Injured pedestrians can be reimbursed for time missed from work and the inability to return to your previous job.
- Pain and suffering: Physical and emotional pain, anxiety, and loss of enjoyment of life.
- Property damage: Personal items like phones, glasses, or clothing damaged in the crash.
If a pedestrian accident results in a fatality, eligible family members can file a wrongful death claim to recover funeral expenses, loss of companionship, and other damages. No matter what damages you suffered, Attorney Jeff Weinstein can fight to recover every dollar owed to you, either through a settlement or a court verdict.
Can I still get compensated if I was jaywalking?
Crossing outside of a designated crosswalk doesn’t automatically prevent you from seeking compensation, but it can affect how fault is assigned. Texas law requires pedestrians who are jaywalking to yield the right of way to vehicles, so you may be considered partly responsible for the crash. However, if the driver was speeding, distracted, impaired, or otherwise careless, they may still bear the majority of the blame.
Texas follows a comparative negligence rule, which means your compensation can be reduced in proportion to your percentage of fault. For example, if you’re found 20 percent responsible and your damages total $100,000, you could still recover $80,000. As long as you’re less than 51 percent at fault, you may be able to pursue a financial recovery.
Insurance companies often take advantage of Texas’s comparative negligence rule. They know that if they can shift some of the blame onto you, they pay you less. A Kaufman pedestrian accident attorney at Weinstein Law can review the facts and help argue against unfair fault placed on you.
What if my pedestrian accident was a hit-and-run?
Being struck by a hit-and-run driver is frightening and frustrating, but you may still have options for recovering compensation. If you carry uninsured/underinsured motorist (UM/UIM) coverage on your auto insurance policy, you can file a claim under that coverage to help pay for medical bills, lost wages, and other damages. Additionally, police will investigate the crash, and evidence such as surveillance footage, license plate readers, or witness statements may help identify the fleeing driver.
If the driver is found, you may pursue a claim directly against them and their insurance company. Because deadlines and insurance rules can be complicated in hit-and-run cases, you should get legal help right away. Weinstein Law can coordinate with law enforcement and gather the evidence needed to build your claim.
How long do I have to file a pedestrian accident claim in Texas?
In Texas, the statute of limitations for most pedestrian accident claims is two years from the date of the crash. This means you must file your lawsuit within that time or risk losing your right to seek compensation. While two years may seem like plenty of time, waiting too long can put your case in jeopardy. Evidence such as surveillance footage, skid marks, or witness memories can fade quickly, which makes it harder to prove what happened.
Because these deadlines are strict, it’s important to speak with a Kaufman pedestrian accident attorney as soon as possible so all requirements are met and your case is protected.
Why should I hire a pedestrian accident lawyer in Kaufman, TX?
If you’re involved in a pedestrian accident, the odds are already stacked against you. The driver who hit you might deny any wrongdoing. On top of that, the driver’s insurance company might downplay your injuries or use other tactics to reduce your compensation. Here’s how hiring a pedestrian accident attorney can give you an advantage:
- Deep familiarity with local law and courts: Weinstein Law understands East Texas legal procedures, local judges, and the local court system. This local legal acumen ensures your case is handled effectively from day one.
- Resources to thoroughly investigate and prove fault: Our legal team knows where to look and how to find hidden factors such as poor road design or lack of pedestrian infrastructure that may contribute to liability.
- Skilled negotiation (and trial) experience: Insurance companies often undervalue pedestrian injury claims. Attorney Jeff Weinstein is adept at negotiating aggressively but also ready to litigate if necessary.
- Contingency-based and cost-free initial evaluation: Our law firm works on a contingency-fee basis, which means you don’t pay unless we win compensation for you.
When drivers don’t pay attention, Jeff Weinstein gets to work
Pedestrians often suffer the most serious injuries in traffic accidents. The last thing you need is a lawyer who’s too busy to return your calls. Jeff gives every client his personal cell phone number, so you’ll never have to wonder if your lawyer is working on your case.
From Kaufman’s busy intersections to neighborhoods across East Texas, Jeff has helped injured pedestrians demand accountability and fair compensation. He knows how to stand up to insurance companies and get results. If you were hit while walking, don’t settle for less.
Contact us online or call us today for a free consultation with a Kaufman pedestrian accident lawyer who knows how to fight back.