Houston Pedestrian Accident Lawyer

In the busy city of Houston, pedestrian accidents are unfortunately common, leaving victims with serious physical, emotional, and financial problems.

A personal injury lawyer can guide victims through the complicated legal process to seek the compensation they may be entitled to. Imagine crossing the street and being hit by a driver who wasn’t paying attention. This accident could lead to medical bills, lost income, and long-term recovery.

If you have been involved in a pedestrian accident, you need a skilled pedestrian motor vehicle accident attorney to defend your rights and ensure you get the support you need.

At Calhoun Meredith, PLLC, we know how difficult life can be after a pedestrian accident, and we are dedicated to providing caring and effective legal help. We offer free consultations to discuss your specific case, so you can understand your options without worrying about what it will cost you.

Contact our Houston personal injury attorneys today at 832-536-6263 to schedule your consultation and start taking steps to get your life back on track. Let us handle the legal challenges so you can focus on getting better.

Understanding Your Rights as a Pedestrian

Pedestrians have specific rights to keep them safe while walking. In Texas, when pedestrians cross at marked crosswalks, drivers must stop and let them pass. Pedestrians also have the right to use sidewalks and crosswalks safely, which highlights the importance of pedestrian safety.

Generally, pedestrians are given priority at crosswalks unless traffic signals say otherwise. Drivers must be careful to avoid hitting pedestrians and should always respect their rights. If a driver doesn’t stop for a pedestrian, they can be held responsible for any accident that happens.

Even if there are no traffic signals, drivers must stop for pedestrians in crosswalks. However, pedestrians should also follow traffic signals to avoid sharing the blame in an accident. Drivers need to be extra careful when children are around, and pedestrians should avoid crossing in unsafe places to prevent being partly at fault in an accident.

What Are the Common Reasons for Pedestrian Accidents?

Pedestrian accidents happen for various reasons, and knowing these primary factors is important for making the streets safer. Here are some common reasons these accidents occur:

• Distracted driving: Drivers can get distracted when using their phones, talking to passengers, adjusting the climate controls, and otherwise splitting their focus. When engaging with these distractions, drivers often fail to heed pedestrians, which can cause severe accidents.
• Speeding: Higher speed limits are linked to increased pedestrian accidents, as high-speed vehicles have less time to react to pedestrians, resulting in serious injuries or fatalities.
• Failure to yield: When drivers don’t yield at crosswalks or intersections, they can cause collisions with pedestrians.
• Poor road conditions: Poorly maintained roads create unpredictable situations, increasing the risk for both drivers and pedestrians.
• Driving under the influence: Alcohol or drug impairment reduces a driver’s ability to react quickly and safely to pedestrian crossings.
• Inadequate pedestrian infrastructure: Lack of sidewalks, crosswalks, and pedestrian signals can lead to unsafe crossing conditions.
• Weather conditions: Rain, fog, or other adverse weather conditions can reduce visibility and make roads slippery, increasing the risk of accidents.

By addressing these common causes, we can work toward creating safer streets for everyone in Houston.

What Are the Types of Pedestrian Accident Injuries?

Pedestrians are highly vulnerable in accidents involving moving vehicles, often suffering severe injuries.

A serious pedestrian accident can result in significant injuries like traumatic brain and spinal cord injuries, which can be particularly devastating, potentially leading to long-term paralysis or neurological problems. These collisions frequently cause severe head injuries, such as concussions.

Spinal cord injuries can drastically change a person’s life, possibly resulting in permanent disability or paralysis. Such injuries require extensive medical treatment and rehabilitation, impacting both personal and professional aspects of life.

Bone fractures are another common injury, ranging from minor cracks to severe breaks that may require surgery. Internal injuries, though not immediately visible, can be life-threatening and need urgent medical care.

Soft tissue injuries, like sprains and strains, are also common. While they might seem minor initially, they can cause significant pain and require long-term treatment. Common pedestrian accident injuries include traumatic brain injuries, spinal cord injuries, fractures, and internal injuries, all posing serious threats to pedestrian safety.

What to Do After a Pedestrian Accident

Going through a pedestrian accident can feel overwhelming, but it’s important to take quick and organized steps to protect your safety, health, and legal rights. Here’s a simple list of measures to take:

1. Ensure safety: If possible, move away from traffic to a safe location on the sidewalk, shoulder, or berm to prevent further injury.
2. Call emergency services: Call 911 or ask another party to do so if you are unable. Report the accident to the dispatcher, providing a clear description of your location. Request medical assistance, even if it seems like there are minor or no injuries. Medical professionals can assess and treat hidden injuries.
3. Seek medical care as soon as possible: Some injuries aren’t immediately obvious, and early care protects your health while creating a medical record if issues arise later.
4. Report the accident: File a report with local law enforcement to create an official record of the incident, which is essential for legal proceedings.
5. Document the accident scene: Take videos and photos of the car accident scene, including the positions of the vehicles, road conditions, and traffic signals. Capture any visible injuries on your body, as well as property and vehicle damage.
6. Gather witness information: Collect names and contact details of any witnesses. Their testimonies can provide valuable support for your pedestrian accident lawsuit.
7. Exchange information: Obtain the driver’s contact and insurance information. Avoid discussing fault or making statements that could be misconstrued.
8. Preserve evidence: Keep all medical records, police reports, and any correspondence related to the accident. This documentation can be important when evaluating any legal claims.
9. Consult a lawyer: Engage a Houston pedestrian motor vehicle accident attorney to navigate the insurance claim process and seek compensation. They can offer legal advice and handle negotiations with all parties’ insurance companies.
10. Notify your insurance company: Inform your insurance provider about the accident, even if you are not at fault. They may provide guidance on the next steps.
11. Follow legal advice: Adhere to your lawyer’s recommendations and attend all required legal proceedings to strengthen your case.

By following this procedure, you can ensure your rights are protected and increase the likelihood that you will receive fair compensation for your injuries and losses.

How Fault Is Evaluated in Pedestrian Accidents

Fault is a key issue in evaluating liability and potential recovery. Determining fault involves the court looking at different pieces of evidence to see who was careless. The blame could fall on the driver, the pedestrian, or even someone else.

To figure out the fault, it’s important to look at the accident scene, check traffic signals, and read the police report. Statements from witnesses and any camera footage from security cameras or vehicle dashcams can also help understand what happened. Your pedestrian accident lawyer can help gather all this evidence to build a strong case.

Sometimes, both the driver and the pedestrian share the blame. For example, if a pedestrian crossed the street outside a crosswalk and the driver was speeding, both might be responsible. An experienced lawyer can help review facts and evidence, explain how fault may be assessed, and advise you on your options.

Knowing how fault is determined can help victims prepare for the legal process and work toward getting the compensation they deserve.

Potential Compensation for Houston Pedestrian Accident Victims

If you’ve been hurt in a pedestrian accident in Houston, you might be able to receive different types of compensation, depending on your situation. This compensation for economic and noneconomic damages can help cover both financial and personal losses:

Financial compensation usually applies to medical costs like hospital bills, surgery, rehabilitation, ongoing care, assistive devices, prosthetics, and prescription medications. You may also get compensation for lost wages if you can’t work, as well as any future income you might lose from reduced earning capacity.

For personal losses, you can receive compensation for things like pain and suffering, emotional distress, anxiety, trauma, and loss of enjoyment of life and independence due to the accident. If your injuries are severe or permanent, you might also get compensation for disfigurement or disability.

If you are advocating for your loved one in the case of a fatal pedestrian accident, you can seek wrongful death damages. This compensation can cover funeral costs, loss of financial support, and loss of companionship.

In some situations, you could receive extra money called punitive damages if the person who caused the accident was particularly reckless or negligent. This type of damages is meant to punish them and prevent similar behavior in the future. For example, hit-and-run pedestrian accidents or cases involving driving under the influence may be eligible for punitive damages, depending on the specific factors of the case.

Consulting an experienced personal injury attorney can help clarify your rights, the process involved in pursuing the claim, and any potential recoveries.

What Is the Value of a Pedestrian Accident Lawsuit in Houston?

Since every pedestrian accident is different, the value of each case varies. The factors that influence the value of your claim include:

• The extent and severity of your injuries
• Current and future medical expenses
• Your long-term prognosis
• The impact the accident has had on your ability to live, including pain, suffering, permanent disability, and impairment
• The impact of the accident on your ability to work, such as diminished earning capacity and lost income
• Available insurance coverage
• Your degree of fault

Our Texas pedestrian accident lawyers evaluate the facts of each case, consult with appropriate professionals when needed, and advocate for the best compensation supported by the evidence.

What If Fault Is Shared in a Pedestrian Accident?

In some pedestrian accident lawsuits, both the pedestrian and the driver might be responsible for the accident, which is called comparative fault or shared fault. In Texas, the modified comparative fault rule allows a pedestrian to still get compensation even if they are partly to blame, as long as they are not more than 50% at fault.

If both parties share fault, the pedestrian’s compensation is reduced by their share of the blame. For example, if a pedestrian is 20% at fault and the damages are $100,000, the pedestrian would receive $80,000 after the reduction. However, if a pedestrian is over 50% at fault, compensation cannot be recovered.

After being involved in a pedestrian accident, it’s critical that you work with a skilled Houston pedestrian accident attorney who can thoroughly investigate the accident, gather evidence, and negotiate with the insurance companies to determine fault accurately. This diligence helps to protect you against being inaccurately blamed, so you are more likely to receive fair compensation for your injuries and losses, even when fault is shared.

Statute of Limitations for Pedestrian Accident Claims

After a pedestrian accident in Texas, it’s important to know about the statute of limitations, which is the time limit for starting a legal claim. You have two years from the date of the accident to file a pedestrian accident claim. Families seeking compensation for a fatal accident have two years to file from the date of their loved one’s death. If you don’t file within this time, you may lose your right to get compensation for your injuries.

The statute of limitations is a strict deadline, not just a suggestion, and missing it can seriously affect your case. Insurance companies also have their own deadlines, so it’s important to act quickly. To make sure your claim is valid and to improve your chances of success, it’s imperative that you follow these timelines.

Speaking with a skilled lawyer can help you understand these deadlines and take the right steps to safeguard your interests and rights.

How Calhoun Meredith, PLLC, Can Help You

At Calhoun Meredith, PLLC, we are dedicated to helping those affected by pedestrian accidents. Our approach is centered around providing personalized and supportive legal assistance to meet your specific needs.

We know how tough life can be after an accident, and we work diligently to achieve the best possible results, whether through settlement talks or going to court.

Our team of Houston, Texas, pedestrian accident lawyers is skilled in handling all types of cases, no matter how complex. We are committed to thoroughly investigating your case and negotiating with insurance companies. Our team is committed to helping you use available legal options to pursue fair compensation for your injuries and losses.

We work on a contingency fee basis, which means you do not owe us payment unless we win your case. This model enables you to pursue compensation without financial burdens

Contact Our Pedestrian Accident Attorneys for a Free Consultation Today

Reach out to Calhoun Meredith, PLLC, for your pedestrian accident needs, and let us support you on your path to recovery. Contact us today for a free consultation and take the first step toward getting your life back on track. Call us now at 832-536-6263 to begin.