Pedestrian Accident Lawyer in Odessa, TX

Why Choose Kemmy Law Firm?

We’ve helped accident victims throughout the Permian Basin for years, with over five decades of combined experience handling cases like yours. 

We’ll help your claim by:

• Meeting with you to discuss the details of your case in our 100% free consultation
• Conducting an in-depth investigation into your case to gather evidence to support your claim
• Calculating your damages to ensure you’re compensated for every way your injuries have impacted your life
• Hiring expert witnesses to help establish fault in your case
• Filing your personal injury or wrongful death claim
• Aggressively negotiating with the at-fault insurer for maximum compensation
• If necessary, representing you in court

In addition to the many ways we can help your claim, you should also know that we are a family-owned and operated law firm in the Permian Basin. We treat each client as if they were a close friend and take care of you during your greatest time of need.

We intentionally limit our caseload to ensure each case receives the direct attention it deserves. You can rest assured that you’ll benefit from quality representation when you choose our firm. 

Your Rights as a Pedestrian in Texas

As your pedestrian accident attorney, we aim to clearly explain how the law applies to your case. Texas law states that you have rights as a pedestrian, and drivers who violate those rights could be at fault if they cause injury or death. Our unique legal insight can help address any questions you may have.

When Do Pedestrians Have the Right of Way?

You have the right of way to cross the road within a marked or unmarked crosswalk in the following scenarios:

• You’re facing a green stoplight signal (unless it’s the sole green arrow for turning)
• You’re facing a “Walk” signal
• No traffic signal is in operation
• You are on or closely approaching the half of the roadway the vehicle is traveling on 

When Could the Pedestrian Be At Fault?

In some situations, you do not have the right of way and must yield to oncoming traffic. These scenarios include the following:

• You cross the road when facing a red signal
• You cross the road when facing a “Don’t Walk” or “Wait” signal

You could also be partially at fault if you leave a curb to enter the path of a car that is too close to stop.

If any of these facts are present in your case, that doesn’t mean you are barred from pursuing compensation. Texas’ comparative negligence laws state that you can still obtain compensation if your liability is not greater than 50%.

What’s the Driver’s Responsibility?

Despite situations where you could be partially at fault for your injuries, drivers must always exercise due care to avoid hitting pedestrians. They should always stay alert and use their horn when necessary to warn pedestrians crossing the road. Furthermore, drivers must take precautions when they see a child or an obviously confused or incapacitated person that enters a busy roadway.

How Common Are Pedestrian Accidents in Texas?

Pedestrian accidents don’t just impact the state of Texas—they impact the whole country and now account for 17% of all crash fatalities. Between 2009 and 2020, pedestrian motor vehicle deaths increased by 59%.

What Are the Main Causes of Pedestrian Accidents in Odessa?

Studies have analyzed the many risk factors associated with pedestrian accidents to understand why they occur. Common reasons for pedestrian accidents include the following:

• Poor Visibility – Many pedestrian accidents occur between 6 pm and midnight, suggesting that poorly lit areas contribute heavily to pedestrian accidents.
• Driver Intoxication – In 18% of fatal pedestrian collisions, the driver consumed alcohol.
• Distracted Driving – Encompassing an array of actions, distracted driving claims lives daily. Nearly 80% of those subscribed to wireless services use their phone while driving, and reading a text at 55mph is like driving the length of a football field blindfolded. In addition to using a phone, eating, reaching for items in the back seat, talking to other occupants in the car, and more are all examples of distracted driving.
• Crowded Urban Areas – Due to increased traffic, poor city planning, and other reasons, two-thirds of pedestrian fatalities occur in urban areas. Cities must take necessary measures to separate cars and pedestrians through the use of sidewalks, overpasses, and barriers.
• Desolate Rural Settings – Although urban areas see higher rates of pedestrian accidents, collisions in rural settings have a higher fatality rate and often result in more severe injuries. This is largely because these areas have higher speeds and lack proper walkways. Furthermore, accident victims are farther from hospitals and trauma centers in rural areas.

Who's Most At Risk for Pedestrian Accidents?

Specific individuals could be at a higher risk for pedestrian accidents than others. These individuals included:

• Children ­– Kids are impulsive and often act before they think. When their ball rolls into the street, they’re quick to dart in front of oncoming traffic. The Centers for Disease Control states that one in five children under the age of 15 were killed in pedestrian accidents in 2020.
• Older Adults – Slow reaction time and poor mobility make older adults common victims of pedestrian accidents. Adults 65 and older accounted for 20% of all pedestrian fatalities in 2020.

What Makes Pedestrian Accidents So Devastating?

Today’s cars have several safety features that help reduce injuries during a significant collision. Pedestrians crossing the road don’t have safety features or a protective exterior that cushions the blow of another vehicle. In other words, they are completely defenseless and could suffer significant loss if they’re hit. Even at low speeds, pedestrians could be killed if drivers aren’t paying attention and crash into them.

You Could Suffer Significant Injuries

Pedestrian accident victims could suffer one or more of the following injuries:

• Head and neck injuries
• Spinal injuries
• Musculoskeletal injuries
• Traumatic brain injuries
• Chest and abdominal injuries
• Leg and back injuries
• Paralysis

Pedestrian Accidents Could Be Fatal

The force of a car or truck might have caused the untimely death of your loved one. Or, the accident occurred in a rural area, and you couldn’t make it to the hospital in time.

However the pedestrian accident happened, you should recover compensation from all at-fault parties. Your loved one might have been the sole provider for your home, and you find it hard to make ends meet without their income.

On top of that, funeral and burial costs could be piling up. You could be eligible for an Odessa wrongful death claim to recover from these damages. Your pedestrian accident lawyer will examine your case and explain your options.

Types of Compensation for Injured Pedestrians in Odessa

Given the severity of pedestrian accidents, you might require compensation for the following monetary and non-monetary damages:

• Current and ongoing medical bills
• Lost wages
• Diminished earning capacity
• Physical pain
• Mental suffering
• Disfigurement

Were You Hit By a Car in Odessa? Contact Kemmy Law Firm

You could suffer from significant losses when you’re hit by a car. The pedestrian accident lawyers at Kemmy Law Firm will investigate your case, gather the evidence to prove fault, and fight for your full recovery.