Were you struck by a vehicle while walking in Houston, Texas? If so, you may have a chance to secure compensation for your losses. Our personal injury team at Domingo Garcia can step in to help if you experienced a catastrophic injury or lost a family member in a pedestrian accident.
You can secure professional help from a Houston pedestrian accident lawyer today. We believe in handling all aspects of our clients’ claims and providing personalized care and attention to help with your legal case.
Can You Secure Compensation After a Houston Pedestrian Accident?
The National Highway Traffic Safety Administration (NHTSA) reported that around 55,000 pedestrians sustained injuries and over 6,500 pedestrians were killed in accidents with vehicles in 2020.
If you or a family member sustained injuries while walking, you could receive compensation for your losses. However, you only have a chance to secure compensation for pedestrian accidents in specific situations.
Your Houston pedestrian accident attorney must establish another party’s negligence to bring you funds for your losses. Our team works to establish negligence by showing that:
- Another party owed you a duty of care to protect you from harm while you were walking.
- The at-fault party failed to uphold this duty by ignoring you in a crosswalk or leaving the roadway and veering onto the sidewalk.
- The party’s dangerous actions behind the wheel caused them to hit you.
- You suffered debilitating injuries as a result.
We understand the potential severity of car accidents in Houston, especially when a pedestrian is involved, and provide specialized care for clients in your situation.
Why Choose Us to Handle Your Pedestrian Accident Claim in Houston?
You have options when working with a Houston pedestrian accident lawyer. Our team stands out from the crowd by offering you over three decades of experienced support with claims in Houston.
We will use our experience and legal knowledge to develop a claim focused on your specific situation. We’ll maintain open communication while handling your case, keeping you up to date while you recover from injuries sustained in your pedestrian collision.
We also provide compassionate care if you lost a family member in a pedestrian accident. You can turn to us for legal support while you provide your family with the emotional care they need.
We Back Our Service with a History of Success
Our team has formed a reputation for helping clients in your situation. For example, we recently settled a claim for $1,000,000 on behalf of a roadside worker struck by a truck while performing his duties. Our client turned to us needing assistance, and we rose to the challenge.
What Kind of Damages Can You Secure After a Pedestrian Accident in Houston?
A Houston pedestrian accident lawyer can step in to help you review possible compensation for your claim. We understand that not all of our clients receive the same kinds of funds, as the value of your case depends upon the losses you sustained.
Depending on your situation, you may secure:
A pedestrian accident can leave you with many medical expenses. In this situation, you could receive funds to cover your:
- Emergency care after a vehicle strikes you while walking
- Time in a hospital as you recover from the pedestrian accident
- Medical tests to look for injuries caused by a pedestrian collision
- Medical procedures, such as surgery, to repair injuries from your pedestrian wreck
- Rehabilitation, such as physical therapy, after a vehicle strikes you
- Property damage expenses stemming from the collision
In addition, you may recover funds to cover your time off work following a Houston pedestrian collision or your lost earning potential if you cannot return to your previous job due to your injuries.
Pedestrian accidents in Houston can also leave you with non-economic damages. These losses deal with the pain and suffering you experience if a vehicle strikes you. They vary in value based on the severity of the accident and its impact on your life. Non-economic damages in your pedestrian accident case may include:
- Emotional anguish
- Lost quality of life
- Lost enjoyment of life
- Mental anguish
Finally, some pedestrians struck by vehicles in Houston have a chance to secure punitive damages. These damages do not compensate you for your losses, but instead punish the driver who struck you with their car, truck, motorcycle, bus, or van. We can discuss the potential for punitive damages when you reach out to us for help.
How Much Compensation Can You Receive Following a Pedestrian Collision in Houston?
A pedestrian accident attorney in Houston, TX, cannot provide you with a guaranteed figure for your financial compensation after a collision. Each individual receives different amounts of compensation based on the damages caused by the wreck.
It takes time to calculate the full value of your case. Our team will look over your losses and gather medical records and other bills associated with your pedestrian accident to assess the full effects of the collision. We can then help you seek fair compensation in or out of court.
What Services do Houston Pedestrian Accident Lawyers Provide?
Our Houston pedestrian accident attorneys provide a wide range of services to clients struck while walking alongside the road. We generally begin helping clients after a pedestrian collision by providing a free consultation.
Our team can also provide additional services if we decide to take on your pedestrian wreck case. For example, we may:
Provide Legal Guidance
You have many decisions to make after a vehicle strikes you on the road. Our team can help you determine how to proceed with all legal matters. We will review the benefits of negotiating with the at-fault party’s insurance company or filing a personal injury lawsuit and determine which course is best in your situation.
Investigate the Cause of Your Pedestrian Accident
Determining fault and liability for pedestrian accidents in Houston generally requires an investigation. Your lawyer can step in to:
- Question witnesses who saw a vehicle hit you while you were walking
- Get a copy of your pedestrian accident police report
- Look for video surveillance from the area where you were walking
- Work with accident reconstruction experts in Houston
We conduct thorough investigations on behalf of our clients, using our resources and decades of experience to assist after a pedestrian accident.
Review All of Your Losses
Around 104,000 pedestrian accident victims visited the emergency room in 2020, according to the Centers for Disease Control and Prevention (CDC). The costs for emergency medical care and other treatments can quickly become expensive.
Our pedestrian accident legal team will track all these losses for you. We can collect documentation and supporting evidence when building a claim after your pedestrian collision.
Handle Insurance Agents
Insurance agents often contact individuals immediately after a pedestrian accident in Houston. In fact, they may reach out to you while you’re still in the hospital recovering from your injuries. They may:
- Ask questions about your pedestrian accident
- Try to get you to give a recorded statement about the pedestrian accident
- Offer you a settlement for your accident
We recommend you refer insurance agents to your lawyer instead of speaking to them directly. They may try to use anything you say after a pedestrian accident to limit the compensation you receive.
Additionally, the initial settlement offers made by insurance agents following a pedestrian collision generally will not cover all your losses. An experienced pedestrian accident lawyer in Houston, TX, can review the settlement on your behalf and make sure it’s fair to you.
We can also take care of negotiations with insurance agents following accidents involving pedestrians.
How Can You Resolve Pedestrian Accident Claims in Houston?
You have two primary options to handle a pedestrian accident claim in Texas. Generally, you may:
Settle Your Pedestrian Accident Claim With the Insurance Company
Settling your pedestrian accident claim involves agreeing with insurance agents. Settling an insurance claim helps you avoid going to court following a pedestrian collision and usually involves a lengthy period of negotiations.
Many people choose to settle a pedestrian accident claim as it represents a faster way to secure compensation. Additionally, you can avoid court fees if you settle your case. However, insurance agents may refuse to make an offer you’re willing to accept.
Take Your Pedestrian Accident Claim to Court
You also have the option to file a lawsuit after some pedestrian wrecks in Houston, TX. In this case, a lawyer can help you file your case through the court system. While it may take longer to resolve a lawsuit, it can open additional legal avenues for your compensation.
How Long do You Have to File a Pedestrian Accident Lawsuit in Houston?
Texas has a statute of limitations for personal injury lawsuits (Texas Civil Practice and Remedies Code § 16.003). In most cases, you have just two years to file a lawsuit and move forward with the help of a Houston pedestrian accident lawyer.
However, the state may further limit the time available in some cases. For example, if a government vehicle struck you while you were walking, you may only have a few months to move forward with a case. Therefore, pedestrian accident attorneys generally recommend getting help immediately.
You may also file a wrongful death lawsuit if you lost a loved one in a pedestrian accident in Houston. Our team provides compassionate support for wrongful death accidents. We will monitor all deadlines for your case, helping your family review all possible legal options.
What do Houston Pedestrian Accident Lawyers Charge?
Our Houston pedestrian accident attorneys work on a contingency-fee basis when we handle pedestrian accident claims, so you don’t need to pay us anything upfront.
You will only pay legal fees after we resolve your case. Once your legal team resolves your claim, we receive a percentage of the award from the insurance company or court system. We will agree on this percentage before we start working on your case, so you know exactly what to expect.
You can contact us for a consultation after a pedestrian collision to learn more about what we charge to handle cases like yours. We take pride in working with our clients to find a solution that works.
Can You Handle a Pedestrian Accident Claim on Your Own?
Some pedestrians consider handling a claim on their own after a vehicle strikes them in Houston, TX. While you have this option, it can put you at a disadvantage, as the driver may work with an experienced lawyer and a large insurance company.
A Houston pedestrian accident lawyer from our team can step in to support you, especially if the collision caused you catastrophic injuries or led to the death of a loved one. We also provide legal assistance if the vehicle driver claims you caused the accident.
Protect your claim by saying as little as possible about your pedestrian accident before talking to a lawyer. Do not admit any degree of fault for the collision. Even apologizing could come across as an admission of guilt for the accident.
What Steps Should You Take After a Houston Pedestrian Accident?
Following certain steps after a pedestrian accident in Houston can help you build a solid claim as you seek financial recovery. Our legal professionals recommend that you:
Contact the Police Following a Pedestrian Accident
You should immediately notify the police if someone strikes you while you’re walking along the road. The police can come to the scene of the accident, take your statement, and file an official report. This report helps confirm that the accident occurred when and how you say it did.
Additionally, a Houston pedestrian accident attorney can use this police report when building your case.
Gather Evidence from the Pedestrian Accident Scene
After a pedestrian accident, you may have a chance to collect some evidence. For example, depending on the severity of your injuries, you may take pictures of:
- The location where the pedestrian accident occurred
- Your injuries caused by the pedestrian collision
- The vehicle that struck you while you were walking
We also recommend collecting the names and phone numbers of the driver who hit you and any witnesses who saw the pedestrian accident. Your lawyer may use this information later to strengthen your claim.
Get Medical Care for Your Pedestrian Accident Injuries
You should seek immediate medical care after a pedestrian accident. You may sustain serious injuries if you get hit while walking in Houston. Examples of injuries associated with pedestrian collisions include:
- Broken bones from the force of the vehicle striking you
- Cuts or lacerations if you strike the road
- Internal injuries due to a lack of protection for pedestrians
- Traumatic brain injuries (TBIs)
- Spinal cord injuries (SCIs)
The above list only represents some possible severe injuries in a pedestrian accident. Immediately seeking medical care helps your lawyer establish that all your injuries came from the pedestrian collision.
Contact a Pedestrian Accident Attorney
You don’t have to wait to secure assistance after a pedestrian accident in Houston. You can reach out to an attorney before you even leave the collision scene, allowing you to secure professional assistance with all aspects of your pedestrian accident case.
Can a Lawyer Help If You Lost a Loved One in a Pedestrian Accident in Houston?
According to the CDC, more than 6,000 pedestrians died in motor vehicle accidents in the U.S. in 2020, which equates to about one pedestrian death every 75 minutes. A Houston pedestrian accident lawyer can help your family in this situation. Our team will compassionately support you while handling all your legal needs.
You may have the chance to file a wrongful death claim after a pedestrian accident if you lost a spouse, parent, or child. The personal representative of your family member’s estate may also file this claim in some situations.
Wrongful death claims for pedestrian accidents in Houston may allow you to secure funds to cover your loved one’s medical bills, funeral expenses, and burial costs.
What Causes Pedestrian Accidents in Houston?
Pedestrian accidents can occur for many different reasons. However, the CDC provides information about some of the common risk factors.
Almost half of the pedestrian collisions recorded around the country in 2019 involved drivers and/or pedestrians with elevated blood alcohol concentration (BAC) levels. In Texas, drivers must keep their BAC under 0.08% to avoid charges for driving while intoxicated (DWI).
Driving while intoxicated increases the odds of a driver making a dangerous decision, like speeding through a crosswalk or ignoring a red light. Alcohol usage also diminishes a driver’s reaction time, making it harder for them to react quickly to a pedestrian on the road.
Some pedestrian accidents occur due to driver distraction. Drivers may experience distraction if they use a cell phone while driving. Eating, drinking, moving things inside the vehicle, or interacting with a passenger can also lead to distraction.
Negligent drivers take their attention off the road, so they may not notice when a pedestrian steps into a crosswalk, leading to a collision.
Speeding increases the odds of a driver causing a pedestrian accident. Drivers who exceed the speed limit have a harder time stopping their vehicle quickly if a pedestrian steps in front of them. Speeding can also increase the severity of injuries in pedestrian collisions.
Time of Day
More pedestrian accidents occur at night. Drivers have a harder time seeing pedestrians when the sun goes down, increasing the odds of a collision. Pedestrians who wear reflective clothing or carry lights may mitigate some risks associated with walking at night.
Children under the age of 15 and adults over the age of 65 are both more likely to experience a fatal pedestrian accident than people of other ages. Younger children have an increased risk for pedestrian accidents due to their height.
If a child walks behind a vehicle in a parking lot or driveway, the driver may not see the child before backing up, resulting in a pedestrian accident.
Can You Get Damages If a Driver Blames You for a Pedestrian Accident in Houston?
Texas uses comparative fault regulations for handling motor vehicle and pedestrian accidents, per Texas Civil Practice and Remedies Code Chapter 33. This means multiple people may be at fault for a collision.
Generally, you can receive compensation for a pedestrian accident based on your percentage of fault for the collision. For example, if you are found to be 20% at fault for the accident, you can only receive 80% of your awarded compensation. Insurance companies may try to blame pedestrians for collisions in an effort to reduce their expenses for a claim.
However, even if you were partially at fault for an accident, you may still receive some funds to cover your losses. However, if you hold more than 50% of the fault for the pedestrian accident, you cannot receive compensation.
What Happens If You Hit a Pedestrian in Houston?
Striking a pedestrian with your vehicle in Houston can have serious repercussions. Pedestrians often sustain severe injuries during a collision, and some accidents prove deadly. You may face legal actions and be required to cover the pedestrian’s financial losses.
In some cases, drivers who strike pedestrians face criminal charges, especially if they were driving while intoxicated.
Both drivers and pedestrians in Houston need to show caution when using the roads through the city. Taking extra time to look for pedestrians or oncoming traffic can help reduce the number of pedestrian collisions.
What Injuries Allow Me to Seek Compensation?
If you suffered catastrophic injuries in a collision as a pedestrian, you can generally pursue damages from the liable party. These injuries may include:
- Spinal cord trauma. These conditions can cause paralysis and affect your day-to-day function.
- Broken bones. You may need orthopedic surgery or bone-setting to regain your full range of motion.
- TBIs. A TBI can affect your cognitive function, balance, and coordination. It can also affect your mood, causing you to feel anxious or depressed.
- Internal bleeding. The force of impact may have ruptured blood vessels, leading to serious contusions and other complications.
Even if you don’t see your specific condition outlined above, we still want to learn your story and explain your options.
Speak to Our Personal Injury Attorneys About a Houston Pedestrian Collision
Our team at Domingo Garcia can step in to help you after a pedestrian collision. You can start working with a Houston pedestrian accident lawyer today. We can focus on your needs, support you, and answer any legal questions you have.
Find out more by calling us for an initial consultation.