Houston is the most populated city in Texas and the fourth biggest city in the country. Every day, thousands of people traverse the roads and sidewalks in Houston. Unfortunately, not all of these pedestrians make it home safely. Careless and reckless drivers put pedestrian lives at risk. The Doan Law Firm is passionate about helping injured victims recover from serious accidents. Our Houston pedestrian accident attorney specializes in catastrophic and life-changing injuries. If you or a loved one has been involved in a pedestrian accident, request a free consultation with one of our lawyers for assistance.
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Do You Need to Hire a Lawyer?
What Are a Pedestrian’s Rights in Houston?
Texas Pedestrian Accident Statistics
Common Pedestrian Accident Injuries
Causes of Pedestrian Accidents
What to Do After a Pedestrian Accident
What is the Statute of Limitations?
Potential Compensation Available
Will Your Pedestrian Accident Claim Go to Court?
How Will You Pay Medical Bills?
Speak to a Lawyer
Our law firm’s founder and lead attorney, Jimmy Doan, has a national reputation for achieving outstanding case results. He knows how to go up against insurance companies and win. This is important when a victim has suffered a life-altering injury, such as the injuries common in pedestrian accidents. While insurance companies are known for downplaying injuries and devaluing claims, an insurer will not take advantage of you if you have an aggressive legal advocate. Hiring a lawyer can also give you greater mental peace to focus on healing from your injuries.
Drivers in Texas have a responsibility to pay attention, obey traffic laws and respect pedestrians’ rights to the road. State law gives pedestrians the right-of-way in marked and unmarked crosswalks and intersections. This means that drivers must yield to pedestrians crossing the road in these locations.
In addition, according to Texas Transportation Code Section 552.008, drivers always have a duty to exercise due caution to avoid collisions with pedestrians, especially when the individual is a child or an “obviously confused or incapacitated person” in the road. If a motor vehicle driver violates any of these rules, he or she could be found at fault for a related pedestrian accident in Houston.
The Texas Department of Transportation does a good job of giving out information about crash-related statistics each year. However, they do not break down pedestrian accident statistics at the city or county level, at least not in a published format. At the state level, we can see that there were 4,856 total pedestrian crashes during the latest reporting year of data we have on file. Out of these incidents, there were 715 total fatalities. Many individuals also sustained injuries. There were 1,155 suspected serious injuries, 1,612 suspected minor injuries, and 1,389 possible injuries.
Unfortunately, pedestrians often sustain significant injuries when they are impacted by motor vehicles. The impact with the vehicle can lead to significant trauma, but so can a secondary impact with the ground or another object as a result of the incident.
When a pedestrian gets hit by a car, the injuries can be catastrophic. This means that they will affect the victim for the foreseeable future, such as a long-term disability. Children and the elderly are especially susceptible to life-threatening and fatal injuries in pedestrian accidents in Houston. Pedestrian-vehicle collisions can inflict many different types of physical injuries, including:
These injuries can cost thousands of dollars in medical care, as well as put the victim through significant emotional and psychological trauma. If someone passes away after being struck by a car in Houston, surviving loved ones can be left with immense pain, grief and mental anguish. Filing a pedestrian accident claim can bring an at-fault driver to justice.
Pedestrian accidents occur in a wide variety of ways and in around the Houston area. The more crowded the area, such as urban areas, the more likely pedestrian incidents are to occur. Some of the leading culprits of pedestrian crashes that we help clients with include the following:
In general, pedestrians have the right of way when they are on sidewalks, crossing in an approved crosswalk, and in parking lots. Even if a pedestrian is not crossing in an approved or marked crosswalk, drivers are still required to slow down and yield to a crossing pedestrian.
There are situations where a pedestrian could share fault for the incident, but the overall responsibility for pedestrian safety falls to drivers. They are in the larger vehicles that can lead to significant injuries if something goes wrong.
After sustaining an injury in a pedestrian accident caused by the negligence of someone else, there are various steps that you can take to help ensure that you recover full compensation for your losses.
Every state places limitations on how long individuals have filed lawsuits after someone else causes their injury. In Texas, the statute of limitations is two years from the date an injury occurs. If a pedestrian accident victim in Texas fails to file a lawsuit within this two-year time frame, they will not be able to recover the compensation they are entitled to.
It is also critical to understand that insurance carriers have their own deadlines in place that you need to be aware of. Please speak to your attorney when working to recover compensation either through an insurance settlement or a personal injury lawsuit.
Houston pedestrian accident victims may be able to recover a wide variety of compensation types if their incident was caused by the negligence of another individual or entity. Our team works diligently to recover both economic and non-economic losses for every client that we help.
Economic damage is referred to the expenses that we can calculate by gathering receipts and bills after the incident occurs. This includes medical bills, pay stubs, letters from employers showing lost wages, out-of-pocket expenses, property damage, and more.
Non-economic losses are a bit harder to calculate because they revolve around the expenses that are more immeasurable that a pedestrian accident victim is likely to experience. This includes finding compensation for their physical pain and suffering, emotional and psychological trauma, and loss of quality of life.
There is no set amount of compensation available for Houston pedestrian accident victims. Rather, there are various factors that can influence compensation amounts, such as the severity of the injuries, how long it takes a pedestrian crash victim to recover, whether or not there was any shared fault, how long a person is away from work, and more.
Understanding whether or not your pedestrian accident claim in Houston will go to court can be challenging. The vast majority of vehicle accident and pedestrian accident claims are settled through agreements with insurance carriers. However, that does not necessarily mean this is your best option.
Insurance carriers are looking to maximize their profit, which means minimizing how much compensation they payout for claims. It is inevitable that the insurance carrier will offer a meager settlement at first, but your attorney can help negotiate with the insurance carrier to receive your rightful compensation. If the insurance carrier refuses to offer a fair settlement, or if they deny your claim altogether, it may be necessary to file a civil personal injury lawsuit against the at-fault party.
The act of filing a lawsuit still does not mean you will have to go to court. Filing the Houston personal injury lawsuit starts the discovery process, which is when both sides will exchange information with one another, and there will likely be depositions taken from witnesses involved. It is not uncommon for cases to settle as the discovery process moves forward, though this can take some time. Only if a settlement cannot be reached during this time frame will your case have to go to a jury trial, which means you will have to go to court.
We understand the challenges pedestrian accident victims face when it comes to paying their bills after these incidents occur. As we mentioned above, the time frame for a pedestrian accident claim can vary widely depending on circumstances related to each particular situation. However, medical bills start piling on very quickly. Individuals cannot put off seeking medical treatment, and they certainly cannot put off treatment until a settlement or jury verdict comes in. After a pedestrian accident, individuals need emergency medical care and any required ongoing treatment for their health and well-being.
There may be a few different routes toward recovering some compensation for medical bills while waiting for a settlement or jury verdict.
You don’t have to recover from a harmful pedestrian accident in Houston alone. Our local pedestrian and car accident lawyers in Houston are here to help you understand and protect your rights in the fight for justice and fair financial compensation. We will make sure that you and your family have everything you need to move forward after a traumatic accident. Request a free consultation with one of our pedestrian accident lawyers today by calling (800) 349-0000 or contacting us online for a prompt callback.
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