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Pedestrian Accident Lawyer in Houston

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Hurt in a pedestrian accident? Understanding your rights and how our experienced pedestrian accident lawyer in Houston can help you fight for the compensation you deserve is essential. If you or a loved one has been injured in a pedestrian crash, we are here to answer your questions. Schedule a free, confidential consultation with a Houston pedestrian accident attorney by calling us at (281) 587-1111.

Why You Need a Pedestrian Accident Lawyer in Houston

Pedestrian accidents often lead to serious, life-altering injuries. In these cases, having a skilled lawyer ensures you can focus on your recovery while we handle your injury claim. Here’s why hiring an experienced crosswalk injury lawyer in Houston is critical:

Houston Pedestrian Accident Lawyer
  • Understanding Your Legal Rights: As a pedestrian, you have specific rights that protect you from negligence and harm. In cases where a driver’s carelessness, recklessness, or illegal actions caused your injuries, you are entitled to compensation. A personal injury lawyer specializes in ensuring these rights are upheld.
  • Maximizing Your Compensation: Pedestrian accidents can lead to costly medical expenses, lost wages, and pain and suffering. An experienced lawyer will help you pursue fair compensation for economic and non-economic damages, ensuring that your future medical needs and other expenses are covered.
  • Expert Representation in Legal Negotiations: Insurance companies may seek to settle claims quickly and cheaply for much less than their worth. A skilled lawyer will negotiate on your behalf, ensuring you don’t accept an unfair settlement and that your rights are protected.
  • Comprehensive Case Investigation: Pedestrian accident cases often require an in-depth investigation to prove liability and determine fault. Your lawyer will gather critical evidence, such as police reports, eyewitness testimonies, traffic camera footage, and medical records, to build a strong compensation case.

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Top Causes of Pedestrian Accidents in Houston

According to the National Safety Council, 9,188 pedestrians died in 2022 in traffic and non-traffic accidents. Non-traffic accidents occur in driveways, parking lots, and other private property. Also, the Governors Highway Safety Association reports US pedestrian fatalities are up 48% from a decade ago.

Texas DOT lists the top factors for pedestrian accidents as:

  • Pedestrians not yielding the right-of-way to vehicles.
  • Drivers failing to yield the right-of-way to pedestrians.
  • Driver inattention.
  • Speeding.

Understanding the cause of your pedestrian accident is vital for establishing liability and seeking the right compensation. Some of the other causes of accidents with pedestrians include:

  • Distracted Driving: Drivers who are using their phones, adjusting the radio, or eating can easily miss seeing pedestrians in their path. This negligence is a leading cause of pedestrian accidents. According to the National Highway Traffic Safety Administration (NHTSA), distracted driving was a contributing factor in a significant number of pedestrian fatalities.
  • Impaired Driving: Alcohol or drug impairment severely impacts a driver’s ability to react quickly and safely to pedestrians. Drunk driving is one of the most dangerous causes of pedestrian accidents and often results in serious injuries or fatalities.
  • Running Red Lights or Stop Signs: Drivers who run red lights or fail to stop at stop signs can cause pedestrian accidents when they fail to see or yield to pedestrians. Not stopping at red lights or signs is common in busy urban intersections.

Read More: Understanding Pedestrian Right-of-Way Laws in Texas

Liability in Crosswalk Accidents in Texas

Liability for a pedestrian accident in Texas is based on negligence. It is a common misconception that pedestrians always have the right-of-way in Texas. There are certain circumstances where the driver may be negligent and others where the pedestrian may be at fault.

Pedestrian right-of-way laws in Texas

Examples where a driver may be at fault:

  • The pedestrian is in an intersection with a “walk” green light and is struck by a driver who is not yielding to the pedestrian.
  • Crossing in a crosswalk with no signals, and the pedestrian is on the same half of the roadway where the car is traveling.

See Texas Transportation Code Section 552.003.

Examples where a pedestrian may be at fault:

  • Crossing at a point other than a marked crosswalk or an unmarked crosswalk at an intersection.
  • Texas uses comparative fault. To determine liability for accidents. This system measures the fault of each party in an accident. Anyone who is more than 50% at fault is barred from getting compensation. An example is that the pedestrian may partly be at fault for crossing a roadway at a point other than an intersection. An early investigation can be important for a claim for an injured pedestrian. The shared fault statute provides that anyone 51% or more at fault is barred from collecting damages.

If you have been hurt as a pedestrian in Texas, get a free consultation with an experienced personal injury lawyer who handles pedestrian accident cases to learn your rights and options for compensation.

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Injuries Commonly Sustained in Pedestrian Accidents in Houston

Pedestrian accidents often result in severe injuries, which can have a significant impact on your health and livelihood. Some of the most common pedestrian accident injuries include:

  • Head Injuries: Pedestrians struck by vehicles often suffer head injuries, such as traumatic brain injuries (TBI), concussions, or skull fractures. These injuries can result in long-term cognitive impairment, memory loss, and physical disabilities.
  • Spinal Cord Injuries: The force of an impact can cause damage to the spine, leading to paralysis or other debilitating conditions. Spinal cord injuries are often permanent and require extensive rehabilitation and long-term medical care.
  • Fractures and Broken Bones: Broken bones, especially in the legs, arms, and ribs, are common in pedestrian accidents. These injuries may require surgery, long periods of recovery, and physical therapy.
  • Internal Injuries: Internal bleeding and organ damage can occur in pedestrian accidents, even if external injuries are not immediately visible. These injuries require urgent medical attention and can be life-threatening if left untreated.
  • Soft Tissue Injuries: Soft tissue injuries, such as sprains, strains, and tears, are also common. These injuries can cause significant pain and require a lengthy recovery process, especially if they impact your ability to work or perform daily activities.
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Pedestrian Accident Claims in Texas – Recovering Economic and Non-Economic Damages

Pedestrian accidents are tragic events that can cause severe and life-changing injuries. In Texas, the law provides legal avenues for those involved in pedestrian accidents to pursue compensation for their damages. If you have been injured in a pedestrian accident, understanding the types of damages available and the process for filing a claim is crucial.

Texas Statute of Limitations for Personal Injury Claims

In Texas, you generally have two years from the date of the accident to file a lawsuit for compensation. The law is known as the statute of limitations. Missing the two-year deadline can result in the dismissal of your case, preventing you from receiving compensation.

For those involved in pedestrian accidents, acting swiftly and seeking legal advice as soon as possible is essential. A Texas personal injury lawyer specializing in pedestrian accidents can provide guidance on meeting the necessary deadlines and ensuring that all legal requirements are met.

What Are Economic Damages in Pedestrian Accident Cases

Economic damages are money damages in pedestrian accident claims. These monetary damages are for the financial impact of the accident and include things like: medical expenses, lost wages, property damage, and other costs directly resulting from the incident.

Medical Expenses (Past and Future)

In pedestrian accident cases, medical bills can quickly accumulate, especially when the injuries are severe. Economic damages in the form of medical expenses may include:

  • Emergency treatment costs
  • Hospitalization
  • Surgery or other medical procedures
  • Rehabilitation or physical therapy
  • Prescription medications
  • Ongoing medical care

If you were injured in a pedestrian accident, you might need long-term medical care. If so, you could receive compensation for these future treatment costs. An experienced lawyer will work with medical experts to estimate the long-term costs of your injuries. They will make sure these future expenses are included in your claim.

Lost Wages (Past and Future)

In many cases, pedestrian accident victims are unable to work due to their injuries. Economic damages can include lost wages when you could not work right after the accident. They may also cover future wages if your injuries affect your ability to work long-term. Lost earning capacity can also be factored into your compensation claim.

What Are Non-Economic Damages in Pedestrian Accident Claims?

Non-economic damages involve compensation claims for the pain and suffering and human damages you experienced due to the accident. Pedestrian accidents usually involve substantial non-economic damages.

Physical Pain and Suffering

Pedestrian accidents often result in serious injuries, including broken bones, spinal cord damage, and head injuries. Pain and suffering can linger for weeks, months, or even years.

Mental Anguish

The mental toll of being involved in a pedestrian accident can be significant. Victims can experience anxiety, depression, and post-traumatic stress disorder as a result of the injuries they suffered. These mental damages are related to the personal injuries suffered.

Loss of Enjoyment of Life

When a pedestrian accident stops you from doing things you love, you may be entitled to compensation, such as hobbies, sports, or time with loved ones. You can seek compensation for the loss of enjoyment of life.

Scarring and Disfigurement

Severe injuries from pedestrian accidents may result in permanent scarring or disfigurement. Victims may be entitled to compensation for scarring and disfigurement.

Permanent Impairment or Disability

In cases where the accident results in permanent disability, victims may be entitled to compensation for the lifelong impact of their impairment. This may include the inability to work, perform daily activities, or enjoy a normal quality of life.

Loss of Consortium, Society, and Companionship

In wrongful death cases, non-economic damages include claims for loss of consortium, society, and companionship. These damages apply to surviving family members, such as a spouse, children, or parents, who have lost the love, support, and companionship of the deceased because of the pedestrian accident.

Steps to Take After a Pedestrian Accident in Houston

If you’ve been injured in a pedestrian accident, taking specific actions to protect your health, preserve evidence, and safeguard your legal rights is crucial. Here’s what you should do after an accident:

  • Seek Medical Attention Immediately: Even if you feel fine initially, it’s important to get checked by a medical professional. Injuries like internal bleeding or brain trauma can worsen over time. Medical documentation also strengthens your legal case.
  • Call the Police and File a Report: Always report the accident to the police. A police report serves as an official accident record and helps determine fault. Ensure the officer records all necessary details, such as the driver’s information and witness statements.
  • Gather Evidence: If you can, take photographs of the accident scene, your injuries, and the vehicle involved. Collect contact information from any witnesses who saw the accident happen. This evidence will be vital in proving your case.
  • Avoid Giving a Recorded Statement to an Adjuster: Consult an injury attorney before considering giving recorded statements to an insurance company.
  • Consult a Traffic Injury Attorney Near You: After an accident, consulting with an experienced personal injury lawyer specializing in pedestrian accidents is critical. A lawyer will help you understand your legal options, negotiate with insurance companies, and fight for fair compensation.

How Our Pedestrian Accident Lawyer in Houston Can Help You

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Injured in a Pedestrian Accident?

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When pursuing a pedestrian accident claim in Texas, having an experienced personal injury attorney is essential. A skilled lawyer can handle the complex legal process, investigate your case, get evidence, and advocate. From negotiating with insurance companies to presenting your case in court, a lawyer will protect your rights and fight to secure a favorable outcome.

An attorney specializing in pedestrian accidents will also help you determine the full extent of your damages, including both economic and non-economic losses. By working with medical professionals and other experts, your lawyer can provide a clear picture of how the accident has impacted your life and ensure all of your losses are accounted for in the claim.

Here’s how a lawyer from Baumgartner Law Firm can assist you after a pedestrian accident:

Call for a FREE CONSULTATION with a Top-rated Houston Pedestrian Injury Attorney for Help!

If you have been hurt in a pedestrian accident in Texas, it is vital to act quickly to ensure your rights are protected. The statute of limitations gives you a limited time to file your claim, so seeking legal advice early is critical. Whether seeking compensation for medical bills, lost wages, or pain and suffering, an experienced pedestrian accident attorney can help you through the legal process and fight for the full compensation you deserve.

Your focus should be on recovery, not the stresses of dealing with the legal and insurance complexities—let a skilled lawyer handle the details for you.

Contact the Houston personal injury law firm of Baumgartner Law Firm at (281) 587-1111.
Baumgartner Law Firm
 
6711 Cypress Creek Pkwy 
Houston, TX, 77069

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Pedestrian Accident Lawyer in Houston

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