Houston Pedestrian Accident Attorney

Help with Filing Pedestrian Accident Claims in Texas

The Law Offices of Jed Silverman is a Houston-based law firm dedicated to protecting the rights of those injured in accidents. Attorney Jed R. Silverman, a Board Certified Criminal Law Specialist, has over 20 years of experience fighting for clients facing a wide range of legal matters, including pedestrian accidents.

If you have been injured in a pedestrian accident, you don't have to go through this difficult time alone. The Law Offices of Jed Silverman can help. We will fight to get you the compensation you deserve for your injuries.

Call our Houston pedestrian accident lawyers today at (713) 597-2221 or contact us online for a free consultation.

What is a Pedestrian Accident?

A pedestrian accident is a collision between a person on foot (the pedestrian) and a motor vehicle, bicycle, or other mode of transportation. These accidents can be very serious, often resulting in significant injuries or even death for the pedestrian. Pedestrian accidents are a concern in many areas, with busy streets, poorly designed roads, and distracted drivers increasing the risk.

Causes of Pedestrian Accidents

Pedestrian accidents can be caused by a variety of factors, including:

• Distracted Driving: This is a major culprit, with drivers texting, talking on phones, using navigation systems, or simply not paying attention to the road.
• Drunk Driving: Driving under the influence of alcohol or drugs significantly impairs reaction time and judgment, increasing the risk of pedestrian accidents.
• Reckless Driving: Speeding, disobeying traffic signals, and making unsafe lane changes all put pedestrians at risk.
• Failing to Yield Right of Way: Drivers turning at intersections, merging onto highways, or neglecting crosswalks can cause accidents with pedestrians who have the right of way.
• Pedestrian Errors: While drivers hold significant responsibility, pedestrians can also contribute to accidents by jaywalking, crossing against signals, or being under the influence of substances.
• Poor Road Design: Inadequate lighting, unclear crosswalks, or lack of sidewalks can make it difficult for both drivers and pedestrians to navigate safely.

Houston-Specific Factors:

• High Traffic Volume: Busy streets with heavy traffic congestion can create a dangerous environment for pedestrians.
• Limited Sidewalks: Many areas in Houston lack proper sidewalks, forcing pedestrians to walk in traffic lanes.
• Dangerous Intersections: Certain intersections have a high frequency of pedestrian accidents due to poor design or unclear signage.

Common Pedestrian Accident Injuries

Pedestrian accidents can range from minor bumps and bruises to life-threatening injuries. The severity of injuries depends on factors like the speed of the vehicle, the point of impact, and the pedestrian's age and health. Pedestrian accidents can result in a wide range of injuries, including:

• Head Injuries: These can be some of the most serious injuries, ranging from concussions to traumatic brain injuries (TBIs). Symptoms can include headaches, dizziness, memory problems, and difficulty concentrating.
• Broken Bones: The impact of a vehicle can cause fractures in any bone, but legs, arms, and ribs are particularly vulnerable for pedestrians. Healing times can vary depending on the severity of the break.
• Spinal Cord Injuries: These devastating injuries can result in partial or complete paralysis, depending on the location and severity of the damage.
• Soft Tissue Injuries: Muscle strains, sprains, and ligament tears are common and can cause significant pain and discomfort. While they may heal over time, physical therapy may be needed to regain full function.
• Road Rash and Burns: Skidding on pavement can cause scrapes, abrasions, and even burns. These injuries can be painful and prone to infection.
• Internal Injuries: These injuries can be difficult to diagnose and may include bleeding from internal organs, punctured lungs, or damage to the spleen or liver.

Determining Fault in a Texas Pedestrian Accident

Texas uses a system called modified comparative negligence to determine fault in pedestrian accidents. This means both the driver and pedestrian can share blame for the accident, and the amount of fault each party bears affects how much compensation the injured pedestrian can recover.

Here's a breakdown of key factors:

• Duty of Care: Both drivers and pedestrians have a responsibility to act safely. This includes drivers obeying traffic laws and pedestrians using crosswalks and sidewalks.
• Breach of Duty: If either party fails to uphold their duty of care (e.g., driver texting while driving, pedestrian jaywalking), it could be considered a breach.
• Causation: The breach of duty must directly cause the accident.

Shared Fault:

• If both parties are found at fault, the pedestrian's compensation will be reduced by their percentage of fault.
• For example, if a pedestrian is 20% at fault and their damages are $100,000, they would only receive $80,000.

Determining fault in a pedestrian accident can be complex. Our experienced attorneys will work to investigate the accident and gather evidence to establish liability.

Reach out to a pedestrian accidents attorney for a free consultation in Houston. Call (713) 597-2221 or fill out our online form to get started.

Evidence in a Pedestrian Accident Case

The aftermath of a pedestrian accident can be overwhelming, but gathering strong evidence is crucial to building a successful case. Here's what kind of evidence can be helpful:

1. Police Reports: The responding officer's report will detail the scene, witness statements (if any), and initial observations of fault.

2. Medical Records: Documenting your injuries from the moment of the accident is vital. Keep all medical records, bills, and receipts related to your treatment.

3. Witness Statements: If possible, obtain contact information and written statements from anyone who saw the accident. Their account can be crucial in establishing fault.

4. Traffic Camera Footage: If the accident occurred near a traffic camera, footage can provide valuable visual evidence of the events leading up to the collision.

5. Photographs: Take pictures of the accident scene from multiple angles, including damage to vehicles, skid marks, crosswalks, and traffic signals.

6. Damaged Clothing or Shoes: These items can show the location of impact and support your claim of being struck by a vehicle.

7. Phone Records (Optional): If distracted driving is suspected, phone records can be subpoenaed to show the driver's phone activity at the time of the accident.

8. Expert Testimony (Optional): Depending on the complexity of the case, an accident reconstruction expert may be necessary to analyze the scene and provide insights into how the accident occurred.

How Long Do I Have To File a Pedestrian Accident Injury Lawsuit?

In Texas, the statute of limitations for filing a personal injury lawsuit is generally two years from the date of the accident. However, it is important to consult with a Houston pedestrian accident attorney as soon as possible to discuss the specific details of your case.

Process for Filing a Pedestrian Accident Claim in Texas

The process for filing a pedestrian accident claim in Texas typically involves the following steps:

1. Seek medical attention
2. Consultation with a pedestrian accidents lawyer
3. Gather evidence
4. Investigation of the accident and and case building
5. Filing a claim with the insurance company
6. Negotiation with the insurance company
7. Litigation (if necessary)

What Damages Could Be Recovered in a Pedestrian Accident Claim?

If you are successful in your pedestrian accident claim, you may be able to recover compensation for:

Economic Damages:

• Medical Expenses: This includes all costs associated with your medical treatment, including doctor visits, hospital stays, surgery, medication, rehabilitation, and physical therapy.
• Lost Wages: If your injuries prevent you from working, you can recover compensation for lost wages and future earning capacity if your ability to work is permanently impacted.
• Property Damage: If your personal belongings, such as clothing or glasses, were damaged in the accident, you can claim compensation for repairs or replacement.

Non-Economic Damages:

• Pain and Suffering: This covers the physical and emotional pain you've endured due to the accident.
• Mental Anguish: This includes emotional distress, anxiety, depression, and PTSD that may arise from the accident.
• Loss of Enjoyment of Life: If your injuries limit your ability to participate in activities you once enjoyed, you can seek compensation for this loss.
• Scarring and Disfigurement: If the accident left you with permanent scars, you may be entitled to compensation for the emotional impact of these injuries.

Wrongful Death (For Families of Deceased Pedestrians):

If a loved one tragically died in a pedestrian accident, surviving family members may be able to file a wrongful death claim to recover compensation for:

• Medical and funeral expenses
• Loss of financial support from the deceased
• Loss of companionship

Maximizing Your Compensation:

The amount of compensation you receive will depend on the severity of your injuries, the impact on your life, and the strength of your case. Our Houston pedestrian accident attorney can help you understand what damages you may be entitled to and fight to get you the maximum compensation possible.

What Not to Do in a Pedestrian Accident Claim in Texas?

If you've been involved in a pedestrian accident and are considering filing a claim, it's crucial to avoid certain missteps that could jeopardize your case. Here’s a guide on what not to do to protect your rights and maximize your chances of receiving fair compensation.

• Do Not Leave the Scene: Always remain at the scene of the accident until law enforcement arrives. 
• Do Not Admit Fault: Avoid making any statements that could be construed as admitting fault, whether to the driver, witnesses, or in conversations with police. Liability should be established through evidence, not assumptions or emotional responses.
• Do Not Delay Seeking Medical Attention: Prioritize your health by seeking medical attention immediately after the accident. Delaying treatment can worsen injuries and weaken your claim, as insurance companies may argue that your injuries aren't serious if you didn’t seek help right away.
• Do Not Neglect to Gather Evidence: Failing to collect evidence at the scene can hurt your case. Take photos of the accident scene, get witness contact information, and document any visible injuries. 
• Do Not Give Recorded Statements Without Legal Guidance: Insurance adjusters may request recorded statements shortly after the accident. Do not provide these without consulting an attorney first, as they can be used to undermine your claim.
• Do Not Accept the First Settlement Offer: Insurance companies often make initial settlement offers that are lower than what you may deserve. Consult with a Houston pedestrian accident attorney to evaluate the offer and negotiate for a fair settlement.

Talk to a Houston Pedestrian Accident Lawyer From Our Firm

Pedestrian accidents can have a devastating impact on your life. If you have been injured in a pedestrian accident, don't hesitate to contact The Law Offices of Jed Silverman today. We offer a free consultation to discuss your case and your legal options. Let us fight for the justice you deserve.

Call us today at (713) 597-2221 or contact us online for a free consultation.