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 consultation.

Why Choose The Law Offices of Jed Silverman as Your Houston Pedestrian Accident Attorney?

Choosing the right legal representation after a pedestrian accident in Houston can make a significant impact on your case outcome. At The Law Offices of Jed Silverman, our team is committed to providing clients with the highest level of support, leveraging proven legal strategies, substantial case experience, and a deep understanding of Texas pedestrian accident law. Our lead attorney holds board certification and brings decades of trial and negotiation experience to every client’s situation, with insight into Houston’s court procedures, common accident scenarios near the area’s busiest intersections, and the approaches used by local judges and insurers. Because no two pedestrian accidents are alike, from sudden stoplight collisions on Westheimer Road to right-of-way disputes at Main Street intersections, we conduct a thorough investigation from day one and customize our strategy to fit your unique circumstances.

We are accessible to our clients throughout the entire process and prioritize clear, reliable communication. Our experience with accident reconstruction professionals familiar with Houston’s traffic conditions allows us to build the strongest possible cases, and we routinely gather evidence from city-operated traffic cameras and local businesses to prove liability. Whether negotiating a settlement or representing you in a Harris County courtroom, our firm’s relationships and deep understanding of the Texas Transportation Code, including section §552 governing pedestrian rights, position us as trusted advocates in pedestrian accident claims throughout Houston. Experience first-hand the difference our commitment, preparation, and Houston-based perspective provide as your pedestrian accident attorney.

What to Do Immediately After a Pedestrian Accident in Houston

If you are involved in a pedestrian accident in Houston, taking the appropriate steps immediately is crucial for both your safety and potential legal claim. Your first priority should always be obtaining medical attention, even if you feel uninjured, as internal injuries or shock can mask symptoms. Promptly contacting law enforcement ensures that the incident is officially documented, assigns responsibility, and records facts about dangerous street conditions—details that are especially important in Houston’s fast-moving urban environment. Collect information from witnesses and take photographs of the scene, nearby signage, and any vehicles or roadway hazards. These details can be essential to building a strong pedestrian accident claim in Houston.

Additionally, notify your own insurance provider and avoid making recorded statements to the at-fault party’s insurer without legal counsel. Busy Houston corridors—such as Bellaire Boulevard, Westheimer Road, and areas near the Texas Medical Center—often present complicated scenarios with multiple parties. Early legal guidance from a dedicated pedestrian accident lawyer at The Law Offices of Jed Silverman can help you understand your rights and Texas obligations specific to local ordinances. We assist clients with obtaining city traffic camera footage, coordinating with emergency responders, and navigating the best course of action for your unique situation. By acting quickly and leaning on the experience of attorneys who understand Houston’s legal landscape, you give yourself the best chance at securing the compensation you deserve.

What is a Pedestrian Accident?

A pedestrian accident occurs when a person on foot (the pedestrian) collides with a motor vehicle, bicycle, or another mode of transportation. These types of accidents can result in catastrophic injuries or even fatalities for the pedestrian. Such incidents are common on Houston’s busy streets, especially in areas with high traffic volume, poorly designed intersections, and distracted drivers. In Houston, pedestrian accidents often spike near large events or along thoroughfares without clearly marked crosswalks, putting residents and visitors at increased risk. If you need a pedestrian accident attorney Houston trusts, our firm is dedicated to helping you recover after these traumatic events.

Causes of Pedestrian Accidents

There are many different causes for pedestrian accidents in Houston. Below is a list of the most common factors our pedestrian accident lawyers see in Houston-area claims:

• 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. (Drunk Driving 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. The Galleria area and other commercial corridors in Houston frequently see higher rates of pedestrian accidents due to heavy foot and vehicle traffic.
• Limited Sidewalks: Many areas in Houston lack proper sidewalks, which forces pedestrians to walk near or in traffic lanes, significantly raising the risk of an accident.
• Dangerous Intersections: Certain intersections have a high frequency of pedestrian accidents due to poor design or unclear signage, such as those in Midtown and the Medical Center district.

Common Pedestrian Accident Injuries

Pedestrian accidents can result in injuries ranging from minor bruises to severe trauma. The extent of these injuries often depends on the speed of the vehicle, where the person was struck, and the age or health of the pedestrian. Our Houston pedestrian accident lawyers regularly assist clients dealing with injuries such as:

• 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 & 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

Determining fault in a Texas pedestrian accident case involves a close analysis of both driver and pedestrian conduct. Texas follows a modified comparative negligence system, meaning both parties can share responsibility for an accident, and compensation may be reduced according to each party’s percentage of fault. This is particularly relevant in Houston, where factors such as unclear crosswalks on key thoroughfares and heavy commuter traffic can influence how liability is assigned. If you need guidance from a pedestrian accident attorney in Houston, our firm can help you navigate these critical details.

Here's a breakdown of key factors in determining fault:

• Duty of Care: Both drivers and pedestrians are required by law to act safely, which includes obeying traffic laws and using crosswalks and sidewalks at appropriate intersections.
• Breach of Duty: A failure by either party to uphold this duty—such as a driver texting or a pedestrian jaywalking—may constitute a breach.
• Causation: There must be a direct link between the breach and the accident itself for liability to attach.

Shared Fault:

• If both parties are found partially at fault, the injured pedestrian’s compensation will be reduced in proportion to their share of negligence.
• For instance, if a pedestrian is found 20% at fault for their own injuries, a $100,000 award would be reduced to $80,000.

Because pedestrian accident cases often involve complex liability questions, working with experienced Houston pedestrian accident attorneys who understand local laws and street risks is essential. Our attorneys meticulously investigate the circumstances of your accident to pursue the maximum recovery allowed under Texas law.

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

Evidence in a Pedestrian Accident Case in Houston

The aftermath of a pedestrian accident can be overwhelming. However, gathering concrete evidence is crucial to building a strong case. Below are the most important forms of evidence our Houston pedestrian accident lawyers recommend securing:

Building a compelling claim starts with thorough documentation. In busy Houston intersections like those near the Texas Medical Center and Westheimer Road, there can be multiple witnesses, municipal camera footage, and even dash camera recordings available. Our legal team is skilled in working with local authorities and businesses to collect surveillance footage, obtain police reports, and gather accident reconstruction evidence in line with Texas legal procedures. We urge clients to begin working with us as soon as possible to ensure vital evidence—such as road conditions, debris, and witness contact information—remains intact and available for legal review.

1. Police Reports: The responding officer’s report details the scene, records interviews of witnesses, and gives an initial assessment of fault.

2. Medical Records: Keep a comprehensive file of all your medical records, bills, and receipts related to your injury and treatment. Early and ongoing documentation can help prove the extent and cause of your injuries.

3. Witness Statements: If possible, collect contact information and statements from anyone who saw the crash. Witness accounts often help confirm the sequence of events.

4. Traffic Camera Footage: Many major intersections in Houston are monitored. We are experienced in requesting this footage when available to support your pedestrian accident claim.

5. Photographs: Take clear pictures of the accident scene, including crosswalks, vehicle damage, signage, injuries, and any relevant street conditions.

6. Damaged Clothing or Shoes: These items can serve as physical evidence of the accident's impact and help establish your version of events.

7. Phone Records (Optional): In some cases, phone activity records may establish if a driver was distracted at the time of the incident.

8. Expert Testimony (Optional): An accident reconstructionist or medical professional may be called to provide specialized insight when needed to clarify complex aspects of your claim.

How Long Do I Have to File a Pedestrian Accident Injury Lawsuit in Texas?

The statute of limitations for filing a personal injury lawsuit in Texas is generally two years from the date of the accident. It’s essential to consult a Houston pedestrian accident lawyer as soon as possible to evaluate your specific situation and ensure your case is filed on time. Delays can jeopardize the preservation of critical evidence and make it more challenging to support your claim.

Acting promptly is especially important in Houston, where traffic conditions can cause swift changes to the accident scene. The city’s busy roadways mean crucial evidence such as street markings, debris, or surveillance footage may disappear quickly. Additionally, if a government entity is involved, Texas law requires special notice to be filed within months, not years. Our pedestrian accident attorneys in Houston can review your case timeline and help you take the proper legal steps to protect your rights under the applicable deadlines.

Process for Filing a Pedestrian Accident Claim in Texas

Filing a pedestrian accident claim in Texas involves several essential steps, each of which benefits from working with an experienced Houston pedestrian accident attorney. The process typically includes:

1. Seek medical attention
2. Consultation with a pedestrian accident lawyer
3. Gather evidence
4. Investigation of the accident and case building
5. Filing a claim with the applicable insurance company
6. Negotiation with the insurer for a proper settlement
7. Litigation in Texas court (if a fair settlement isn’t reached)

Insurance companies in Houston are experienced in handling pedestrian accident claims and focus on local trends and the risks present at high-traffic intersections. Our knowledge of Harris County court rules, combined with relationships in the Houston area legal community, allows us to anticipate obstacles and efficiently move cases forward. If negotiations fail, our pedestrian accident attorneys are prepared to take your claim to court, ensuring it meets every technical standard required by both Houston and Texas law.

What Damages Could Be Recovered in a Pedestrian Accident Claim?

If you are successful in your pedestrian accident claim, you may be eligible for several types of compensation. Below are the categories our Houston pedestrian accident attorneys pursue on behalf of our clients:

Economic Damages:

• Medical Expenses: Recover compensation for all medical costs related to your injury, such as hospital visits, physician fees, surgery, prescription medications, rehabilitation, and physical therapy.
• Lost Wages: If you miss time from work or are unable to return to your position, you may recover compensation for lost income and diminished earning capacity in the future.
• Property Damage: If your clothing, glasses, electronics, or other personal items are damaged during the accident, you can seek repayment for repair or replacement.

Non-Economic Damages:

• Pain & Suffering: This includes the physical pain and discomfort resulting from your injuries.
• Mental Anguish: You may be entitled to compensation for psychological distress, including anxiety, fear, depression, or post-traumatic stress disorder (PTSD) caused by the accident.
• Loss of Enjoyment of Life: If your injuries prevent you from engaging in activities or hobbies you previously enjoyed, you can seek compensation for this loss.
• Scarring & Disfigurement: Serious injuries may result in permanent changes to your appearance, for which compensation may be available.

Wrongful Death (For Families of Deceased Pedestrians):

If you have lost a loved one in a pedestrian accident, surviving family members may be able to pursue a wrongful death claim for compensation, including:

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

Maximizing Your Compensation:

The amount of compensation you receive will depend on the seriousness of your injuries, the impact on your life, and the facts of your case. Our pedestrian accident attorneys in Houston can help you understand which damages may apply to you and will work tirelessly to pursue the maximum allowed under Texas law.

What Not to Do in a Pedestrian Accident Claim in Texas

Avoiding critical mistakes after a pedestrian accident can help ensure you get the compensation you deserve. If you are considering a claim, follow this advice from our experienced Houston pedestrian accident lawyers:

• Do Not Leave the Scene: Always stay at the accident scene until police arrive and a full report is completed.
• Do Not Admit Fault: Never make statements suggesting fault to the driver, witnesses, or police. Let the evidence and facts determine liability, not assumptions or emotions.
• Do Not Delay Seeking Medical Attention: Your health should be the top priority. Delayed care may make it difficult to link your injuries to the accident and could weaken your claim.
• Do Not Neglect to Gather Evidence: Take photos, get contact information from witnesses, and document injuries. Missing evidence can make it harder to win fair compensation.
• Do Not Give Recorded Statements Without Legal Guidance: Insurance adjusters commonly request recorded statements. Speak to your attorney first, as adjuster questions are designed to minimize your settlement.
• Do Not Accept the First Settlement Offer: Initial settlements are often far below what you deserve. A pedestrian accident lawyer in Houston can review the offer and fight for a fair resolution.

Talk to a Houston Pedestrian Accident Lawyer From Our Firm

Pedestrian accidents can have a devastating impact on every part of your life. If you or a loved one has been injured, contact The Law Offices of Jed Silverman today. As your pedestrian accident attorneys in Houston, we offer a comprehensive consultation to discuss your legal options. Let us advocate for the justice and compensation you need to move forward.

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