Midland Pedestrian Accident Lawyer

How We Help After a Pedestrian Accident in Midland, TX

When a driver hits you while walking, the insurance company will contact you within hours trying to get you to accept blame or settle for far less than you deserve. We step in immediately to protect your rights and handle every part of your case, including:

• Taking over all communication with insurance adjusters so you are not pressured into a low settlement
• Gathering physical evidence, police reports, and surveillance footage before it disappears
• Interviewing witnesses and securing expert testimony to establish fault
• Calculating the full value of your claim, including future medical costs and lost wages
• Preparing your case for trial from day one to force insurers to take your claim seriously

Burgess Injury & Car Accident Lawyers represents injured pedestrians in Texas courts. Our Midland pedestrian injury lawyers are available 24/7 to answer your questions and guide you through this difficult time.

Need immediate help? Call (877) 908-9887 for a free consultation.

Do I Have a Pedestrian Accident Case in Texas?

You likely have a valid claim if these four elements are present in your situation. First, the driver who hit you violated a traffic law or acted carelessly. This could mean they were speeding, texting while driving, or failed to yield at a crosswalk.

Second, you suffered injuries that required medical treatment. Whether you went to the emergency room or needed ongoing physical therapy, any medical care creates documentation of your harm. Third, evidence exists that proves the driver’s fault, such as a police report, witness statements, or surveillance footage.

Finally, insurance coverage must be available to pay your claim. This comes from either the at-fault driver’s liability policy or your own Uninsured Motorist coverage. We investigate all potential sources of compensation to maximize your recovery.

The legal standard requires us to prove the driver’s negligence directly caused your injuries. Acting quickly helps us preserve crucial evidence like skid marks, traffic camera footage, and witness memories before they disappear.

Who Can Be Held Liable for Pedestrian Accident Damages in Midland?

Multiple parties may share responsibility for your injuries, and identifying all of them is crucial for securing full compensation. The driver who struck you bears primary liability, but other parties may also be legally responsible.

If the driver was working at the time of the accident, their employer can be held accountable under Texas law. This includes delivery drivers, commercial truckers, and anyone operating a vehicle for business purposes. Additionally, if you were walking as part of your job when injured, a Midland workers’ compensation lawyer can help you understand your workplace injury benefits. The vehicle owner may also be liable if they allowed an uninsured or incompetent driver to use their car.

Government entities occasionally bear responsibility when dangerous road conditions contribute to accidents. This might involve broken traffic signals, missing crosswalk markings, or poorly designed intersections. We thoroughly investigate every potential defendant to ensure you receive maximum compensation.

Texas follows a modified comparative fault system. You may be able to recover damages even if you share some fault for the accident. Your compensation will be reduced by your percentage of responsibility, but you can still receive substantial recovery even if you contributed to the crash.

What if the Driver or Insurer Blames Me?

Insurance adjusters routinely try to shift blame onto pedestrians to reduce their payouts. They may claim you were jaywalking, not paying attention, or wearing dark clothing. These tactics are designed to discourage you from pursuing your rightful compensation.

We counter these arguments with solid evidence and expert testimony. Our investigation includes analyzing the accident scene, reviewing traffic patterns, and consulting with reconstruction specialists. We document exactly what happened and prove the driver’s negligence caused your injuries.

• Crosswalk violations: We show when drivers failed to yield the right of way
• Distracted driving: Phone records and witness testimony prove driver inattention
• Speed analysis: Accident reconstruction determines if excessive speed was a factor
• Visibility conditions: We document lighting and weather at the time of impact

Even in fatal pedestrian cases, we fight to protect your loved one’s reputation while securing your family’s financial future. Insurance companies have no right to blame the victim for a driver’s careless actions.

What Compensation Can I Recover After a Pedestrian Accident?

Texas law allows you to seek compensation for every loss caused by the accident. We fight to recover both economic and non-economic damages that reflect the true impact on your life.

Medical expenses form the foundation of most claims. This includes your emergency room visit, hospital stay, surgeries, diagnostic tests, medications, and physical therapy. We also pursue compensation for future medical care you will need as you continue recovering.

Lost wages represent another major category of damages. You deserve payment for time missed from work while recovering from your injuries. If your injuries prevent you from returning to your previous job or reduce your earning capacity, we seek compensation for that lost income as well.

Pain and suffering damages compensate you for the physical discomfort and emotional trauma caused by the accident. These damages recognize that your injuries affect more than just your bank account. They impact your daily activities, relationships, and overall quality of life.

Property damage covers the cost of replacing damaged personal items like your phone, clothing, or other belongings destroyed in the crash. While these amounts may seem small compared to medical bills, every dollar matters when you are facing financial hardship.

What to Do After Being Hit by a Car in Midland

Taking the right steps immediately after an accident protects both your health and your legal rights. Your actions in the first few hours can significantly impact your ability to recover compensation later.

Call 911 and Get Medical Care

Your health takes priority over everything else. Call 911 even if you think your injuries are minor, as adrenaline can mask serious problems like internal bleeding or head trauma. Emergency medical treatment also creates official documentation of your injuries that insurance companies cannot dispute.

Report the Crash and Get the Case Number

Ensure the Midland Police Department files an official accident report. This document provides an objective record of what happened and often includes the officer’s determination of fault. Get the case number so your attorney can obtain a copy of the report later.

Save Photos, Video, and Witness Information

If you are physically able, use your phone to photograph the accident scene, vehicle damage, your injuries, and any relevant traffic signs or signals. Collect names and phone numbers from witnesses before they leave the scene. This evidence becomes crucial when our Midland crosswalk accident attorney builds your case.

Avoid Recorded Statements and Low Offers

Insurance adjusters will contact you quickly, often while you are still in the hospital. Politely decline to give any recorded statements and avoid signing documents without legal review. These companies are not trying to help you; they want to minimize their financial exposure.

Call Clayton Burgess 24/7

Contact Burgess Injury & Car Accident Lawyers as soon as possible after your accident. We are available around the clock to provide immediate guidance and begin protecting your rights. Early legal intervention often makes the difference between a fair settlement and an inadequate offer.

Why Choose Clayton Burgess for a Midland Pedestrian Injury

Our trial-first approach sets us apart from firms that settle cases quickly for less than they are worth. We prepare every case as if it will go to court, which forces insurance companies to offer fair compensation rather than risk losing at trial.

Burgess Injury & Car Accident Lawyers has secured substantial recoveries for injured clients, including favorable settlements in commercial vehicle versus bicyclist cases. Our experience with catastrophic injury cases means we understand the long-term costs of serious injuries and fight for compensation that covers your lifetime needs.

We know the dangerous intersections and traffic patterns throughout Midland. From the busy corridors along Loop 250 to the commercial districts on Andrews Highway, our local knowledge helps us build stronger cases. When you are facing life-changing injuries, you need a personal injury attorney in Midland who understands both the law and the local landscape.

Our commitment to clear communication means you will always understand what is happening with your case. We return phone calls promptly, explain legal concepts in plain English, and keep you informed about every development in your claim.

What Texas Pedestrian Laws Affect My Claim?

Texas Transportation Code provides specific protections for pedestrians that strengthen your legal claim when drivers violate these rules. Understanding these laws helps explain why the driver who hit you bears responsibility for your injuries.

Drivers must yield the right of way to pedestrians in marked crosswalks and at intersections. This applies whether or not traffic signals are present. When a pedestrian enters a crosswalk legally, vehicles must stop and allow them to cross safely.

Pedestrians have the right of way when crossing at intersections with “Walk” signals or green lights in their direction. Drivers making turns must yield to people legally crossing the street. School zones carry enhanced penalties for drivers who fail to protect pedestrians.

The law also requires pedestrians to use sidewalks when available and follow traffic signals. However, even when a pedestrian violates these rules, drivers still have a duty to exercise reasonable care to avoid causing injuries. A pedestrian’s minor violation does not excuse a driver’s negligent behavior.

What Causes Pedestrian Accidents in Midland?

Most pedestrian accidents result from preventable driver errors rather than unavoidable circumstances. We investigate the specific cause of your accident to prove the driver’s negligence and build a strong compensation claim.

Distracted driving ranks as the leading cause of pedestrian accidents in Texas. Drivers who text, talk on phones, or program GPS devices cannot react quickly enough to avoid hitting people in crosswalks. Cell phone records often provide crucial evidence in these cases.

Failure to yield the right of way occurs frequently at intersections and crosswalks. Some drivers simply do not see pedestrians, while others ignore traffic signals or stop signs. These violations provide clear evidence of driver negligence.

• Speeding in residential areas: Excessive speed reduces reaction time and increases injury severity
• Impaired driving: Alcohol and drugs significantly impair judgment and coordination
• Unsafe turning: Drivers who fail to check for pedestrians before turning
• Poor visibility driving: Failing to adjust for dawn, dusk, or weather conditions

When the at-fault driver operates a commercial vehicle, you need an accident lawyer in Midland who knows how to fight corporate legal teams and their insurance companies.

Injured by a negligent driver? Call (866) 908 7765 to discuss your rights.

What Injuries Are Common in Pedestrian vs. Car Collisions?

Pedestrians have no protection from the tremendous force of a motor vehicle collision. Even low-speed impacts can cause devastating injuries that require extensive medical treatment and long-term care.

Traumatic brain injuries represent one of the most serious consequences of pedestrian accidents. When your head strikes the ground or vehicle, the impact can cause concussions, skull fractures, or permanent cognitive damage. These injuries often require months of rehabilitation and may affect your ability to work.

Spinal cord injuries can result in partial or complete paralysis. The cost of treating these injuries and adapting your home and lifestyle can reach millions of dollars over your lifetime. We work with medical experts to document these future needs and demand appropriate compensation.

Broken bones frequently occur when pedestrians are struck by vehicles. Complex fractures may require multiple surgeries and extensive physical therapy. Some people never regain full use of injured limbs, affecting their ability to work and enjoy daily activities.

Internal injuries and organ damage can be life-threatening and expensive to treat. These injuries may not be immediately apparent but can cause serious complications if not properly diagnosed and treated. Severe road rash and scarring can require skin grafts and plastic surgery.

What if the Driver Fled or Has No Insurance?

Hit-and-run accidents create additional challenges, but you still have options for recovering compensation. We work closely with law enforcement to help identify the fleeing driver using witness statements, surveillance footage, and vehicle debris left at the scene.

Your own auto insurance policy may provide coverage even when you are injured as a pedestrian. Uninsured Motorist coverage applies when the at-fault driver cannot be identified or has no insurance. Underinsured Motorist coverage helps when the driver’s policy limits are insufficient to cover your damages.

Personal Injury Protection or Medical Payments coverage on your auto policy can pay for immediate medical expenses regardless of who caused the accident. This coverage helps you get the treatment you need while we pursue other sources of compensation.

In some cases, Crime Victims’ Compensation funds may provide limited assistance for hit-and-run victims. While these programs do not replace the full compensation you deserve, they can help with immediate expenses. Our goal is always to secure a fair settlement through all available sources.

How We Prove Your Pedestrian Accident Case

Building a successful pedestrian accident case requires thorough investigation and compelling evidence. We begin working immediately to gather and preserve proof of the driver’s negligence and the full extent of your damages.

Our accident reconstruction specialists analyze the crash scene to determine exactly how the collision occurred. They examine skid marks, vehicle damage, and impact points to calculate speeds and demonstrate the driver’s fault. This scientific approach provides powerful evidence that insurance companies cannot dispute.

We subpoena the driver’s cell phone records to prove distracted driving. Many accidents occur when drivers are texting or talking on phones. These records provide timestamped evidence that shows the driver was using their device at the moment of impact.

Medical experts review your treatment records and examine your injuries to explain their long-term impact. They testify about your need for future medical care and how your injuries will affect your ability to work and enjoy life. This testimony is crucial for securing fair compensation for serious injuries.

We also document your economic losses by gathering employment records, tax returns, and other financial information. This evidence proves your lost wages and demonstrates how your injuries have affected your earning capacity.

How Long Do I Have to File a Lawsuit in Texas?

Texas law gives you two years from the date of your pedestrian accident to file a personal injury lawsuit under the statute of limitations. While two years may seem like plenty of time, serious injury cases require extensive investigation and preparation. Medical treatment often continues for months, and we need to understand the full extent of your injuries before negotiating a final settlement. Starting early gives us the best opportunity to build a strong case.

Some exceptions to the two-year rule exist, but they are rare and difficult to prove. For example, if the injured person is a minor, the statute of limitations may be extended. However, you should never rely on these exceptions and should contact an attorney immediately after your accident.

Acting quickly also helps preserve crucial evidence. Surveillance footage gets deleted, witnesses move away, and physical evidence disappears. The sooner we begin investigating your case, the stronger the evidence we can gather to prove your claim.

What Does It Cost to Hire Burgess Injury & Car Accident Lawyers?

Burgess Injury & Car Accident Lawyers works exclusively on a contingency fee basis. This means you pay no attorney fees unless we successfully recover compensation for your injuries. If we do not win your case, you owe us nothing for our legal services.

We advance all costs necessary to build your case, including expert witness fees, court filing costs, and investigation expenses. You do not pay these costs upfront, and they are only recovered if we obtain a favorable settlement or verdict. This arrangement ensures that everyone has access to quality legal representation regardless of their financial situation.

Our contingency fee percentage is discussed during your initial consultation and is clearly outlined in our written agreement. There are no hidden fees or surprise charges. You will know exactly what to expect before deciding to hire our firm.

This fee structure aligns our interests with yours. We only get paid when you get paid, which motivates us to work hard and secure the best possible outcome for your case. Insurance companies know we have the resources to take cases to trial when they refuse to offer fair settlements, whether our client needs a pedestrian accident lawyer or a car accident attorney in Midland.

Get Started with a Free Case Review

Your free consultation provides an opportunity to discuss your accident with an experienced pedestrian accident attorney without any obligation. We will review the details of your case, answer your questions, and explain your legal options in plain English.

During this meeting, we evaluate the strength of your claim and identify potential sources of compensation. You will leave with a clear understanding of what to expect from the legal process and how we can help protect your rights. We handle all aspects of your case so you can focus on recovering from your injuries.

Don’t wait to protect your rights. Contact us online or call (866) 908 7765 now.

FAQs for Midland Pedestrians

Can I Still Recover Compensation if I Was Not in a Crosswalk?

Yes, you may still recover damages if the driver was negligent, though your compensation could be reduced based on your percentage of fault under Texas comparative negligence law.

What Should I Do if the Driver Who Hit Me Has No Insurance?

Your own Uninsured Motorist coverage may apply to pedestrian accidents, and we can help investigate whether other parties share liability for your injuries.

Who Pays My Medical Bills While My Case Is Pending?

Your health insurance, Medical Payments coverage, or Personal Injury Protection can pay immediate expenses, or we can arrange treatment on a lien basis.

Should I Accept the Insurance Company’s First Settlement Offer?

No, initial offers are typically far below what your case is worth, and accepting early prevents you from recovering additional compensation for future medical needs.

Does My Car Insurance Cover Me When I Am Walking?

Yes, your Uninsured Motorist, Underinsured Motorist, and Medical Payments coverage often apply even when you are injured as a pedestrian.

Can I Sue if I Was Partially at Fault for the Accident?

Yes, Texas allows recovery as long as you are 50% or less at fault, though your compensation will be reduced by your percentage of responsibility.

How Long Will My Pedestrian Accident Case Take to Resolve?

Resolution times vary depending on injury severity, available insurance coverage, and the defendant’s willingness to negotiate.

What if I Cannot Afford Medical Treatment Right Now?

We can arrange for treatment on a lien basis with medical providers who agree to wait for payment until your case resolves.

Contact Burgess Injury & Car Accident Lawyers

When a careless driver hits you while walking, you face mounting medical bills, lost wages, and an uncertain future. Burgess Injury & Car Accident Lawyers brings nearly three decades of trial experience to every case, fighting insurance companies that try to minimize your claim.

We handle every aspect of your legal case while you focus on healing from your injuries. Our team is available 24 hours a day, seven days a week, to answer your questions and provide the support you need during this difficult time. You pay nothing unless we recover compensation for your injuries.

Contact us today for a free consultation to learn what to do after being hit by a car in Texas and how we can help your family move forward.