Houston Pedestrian Accident Lawyer
CALL (800) 863-5312 today to speak with one of our experienced Houston pedestrian accident lawyers
According to the Texas Department of Transportation, pedestrian deaths have steadily risen over the years, and even account for almost one in five of all traffic fatalities. In fact, in the year 2020 alone, there were 4,852 crashes in Texas involving pedestrians. If you or a loved one were injured in a pedestrian-related accident in Houston, TX, you may be entitled to compensation. To take advantage of a 100% free consultation with one of our Houston pedestrian accident lawyers, call (800) 863-5312 today.
Our injury attorneys know how to battle with insurance companies to pursue the compensation you deserve, and if the insurance companies aren’t willing to help you recover fully, a Zinda Law Group pedestrian accident lawyer will walk you through the legal process.
CAUSES & CONSEQUENCES OF HOUSTON PEDESTRIAN ACCIDENTS
When most people think about pedestrian accidents, they think of a car running a red light and fatally hitting a pedestrian walking on the crosswalk. While that scenario is certainly a possibility, pedestrian accidents can occur in many different types of ways and can have varying consequences. For example, a pedestrian accident doesn’t necessarily require a car at all; it could be caused by an electric scooter or a road bike.
Seven Common Causes of Pedestrian Accidents in Texas
Regardless of the type of vehicle involved or the exact scenario that took place, some of the common causes of pedestrian accidents are:
1. Ignoring Traffic Laws
This is one of the most common causes of pedestrian accidents. Unfortunately, drivers tend to get in the habit of ignoring certain traffic laws, such as turning right on red when there is a sign that says not to. These habits can ultimately lead to devastating consequences, such as a pedestrian accident.
2. Distracted Driving
Even if the driver isn’t consciously ignoring traffic laws, they may be consciously texting or checking their email while driving. Looking away from the road for just one second can cause a driver to veer out of the lane and hit a pedestrian.
3. Parking Lot Inattention
A large portion of pedestrian accidents take place on crosswalks or in parking lots. We have all hurriedly backed out of parking lot spaces before, but every time we have done so without paying careful attention to our surroundings, we could have easily hit pedestrians walking by. Even if a driver isn’t going fast, the impact a vehicle can have on a pedestrian is nonetheless devastating.
4. Driving While Intoxicated
Unfortunately, Houston, much like the rest of the world struggles with the problem of drivers getting into their cars when they are dangerously under the influence. When a driver is intoxicated, their reaction time is greatly delayed, and they are more easily distracted. Together, these qualities can result in fatalities.
5. Pedestrians Failing to Yield
According to the Texas Department of Transportation, one of the most common factors contributing to pedestrian accidents is actually pedestrians failing to yield to right-of-way vehicles.
6. Driver Inexperience
New drivers are just learning the rules of the road and for the first time are discovering what to pay attention to while driving. Unfortunately, this lack of experience can result in the driver rolling through a stop sign straight into an unsuspecting pedestrian or not understanding a pedestrian’s right-of-way.
7. Weather Conditions
On occasion, the weather can be to blame for a pedestrian accident. Whether it is a rainy summer night in Houston or there is ice on the road in February, a driver can easily find themselves slipping out of their lane towards pedestrians walking by.
Sometimes the cause of the accident isn’t obvious right away, but that’s okay, because our Houston pedestrian accident attorneys are experienced investigators who can look into your accident and figure out what happened.
Ten Consequences of Accidents Involving Pedestrians in Texas
Pedestrian accidents, like most Houston car accidents, can result in both physical and financial consequences. Some of the more common injuries that pedestrians sustain are listed below.
1. Broken Bones/Fractures
One of the most common injuries pedestrian victims suffer from is broken bones or fractures. While any bone in the body can break, Houston car accidents commonly cause broken legs and femurs, arms and wrists, hips, and clavicles.
2. Traumatic Brain Injuries/Concussions
Trauma to the head is very common to every kind of road accident, yet they are uncommonly dangerous. If untreated, a head injury can become fatal or result in long-term disabilities. Head injuries aren’t always obvious at first, which is why it is so important for pedestrian victims to get checked out by their medical professionals as soon as possible.
3. Spinal Cord Injuries
These injuries to the spine can also be very dangerous and even fatal. Some signs to pay attention to after an accident are extreme pain or pressure in your neck, head, or back, overall weakness, or numbness in your extremities.
4. Soft Tissue Damage
These types of injuries occur when the body’s muscles experience a degree of trauma; in this case, from the impact of the vehicle. Soft tissue damage can cause pain, swelling, bruising, and long-lasting damage.
5. Post-Traumatic Stress Disorder (PTSD)
While this is a mental injury, not physical, it is nonetheless important and can have debilitating consequences to one’s life. If after having been injured in a pedestrian accident, you find yourself having flashbacks, struggling to sleep or concentrate, and getting easily frightened or overwhelmed, these are just a few possible manifestations of PTSD.
6. Loss of a Loved One
If you have lost a loved one due to a pedestrian accident, we are so incredibly sorry for your loss. One consequence that many people might not think of when a loved one passes away in an accident is the loss of companionship, love, and comfort. This is an injury just as much as a broken bone is, and it is something that you can be awarded compensation for.
In addition to having been impacted physically and emotionally, most victims of pedestrian accidents are financially harmed as well. Some common financial struggles endured by victims and their families after an accident involving a pedestrian are:
1. Medical Bills
Although many victims may have insurance, that isn’t always the case. Moreover, even if you do have insurance, the co-pays and deductibles can add up.
2. Loss of Income
Most victims of Houston car accidents—whether they were hit as a pedestrian or another driver—need to take time off work to recover. This loss of income can be a huge set back and cause victims to fall behind in their bills or other expenses.
3. Loss of Future Income
If you were injured in a manner that makes it difficult if not impossible for you to return to your job, or any job at all, then you are facing the prospect of a total loss of income in the future. That is certainly something you should be compensated for.
4. Loss of Future Earnings of Spouse
Moving on from this kind of loss is an emotional journey, but we understand that it is a financial journey as well. The loss of your spouse’s future income can create substantial obstacles in your life. In a wrongful death lawsuit, you can be awarded damages to compensate for this loss, as well as the loss of any inheritance they may have saved and left to family members if they had lived.
While you are persevering through these physical and financial consequences, we know it will be difficult, but do your best to keep all of the documentation you can. Down the road, you can give it to your Houston pedestrian accident lawyer. A skillful Houston injury attorney will use this as evidence when negotiating with the opposing counsel and, if necessary, when in court to prove to a jury the damages you suffered.
WHY YOU NEED A HOUSTON PEDESTRIAN ACCIDENT ATTORNEY
Retaining a Houston pedestrian accident attorney is the most important step to making sure you are awarded the compensation that you deserve for your injuries. There are many reasons why our Houston personal injury lawyers are necessary, but here are just a few:
1. Our Personal Injury Attorneys in Houston Can Investigate Your Case
In order to be successful, your attorney needs to know exactly what happened and who was responsible. A common argument from insurance companies for the driver is that the pedestrian was in the wrong and crossed the street illegally.
Texas uses a concept called modified comparative negligence, which essentially means that if it is determined that the pedestrian was more than 50% at fault, they cannot recover compensation for damages. Because of this, it is very important that your attorney thoroughly investigate the accident so they can get ahead of this argument by the defense. Your injury lawyer can gather the evidence they need to prove in court that you were not at fault, or at least not more than 50% at fault, and therefore are deserving of compensation.
2. Our Attorneys Are Experienced Negotiators
Once your Houston pedestrian accident lawyer has assessed your case and begun to gather evidence, they will send the other party’s insurance company something called a demand letter. Basically, this demand letter is requesting that they pay the compensation you are looking for. Generally, this letter will open the door to negotiations.
Surprisingly, the majority of personal injury cases reach settlement agreements before even having to file in court. This can be a huge relief to you because it allows you to get your compensation quicker and without having to tell a jury about your traumatic experience.
However, because negotiation is such an important process of the lawsuit, it is extremely important that you have an experienced lawyer on your team. At Zinda Law Group, our Houston pedestrian accident lawyers have successfully negotiated countless settlement agreements for our clients.
3. If Necessary, Our Attorneys Can Plead and Prove Your Case In Court
If settlement negotiations are unsuccessful—meaning the insurance company refused to offer you the amount you deserve—our Houston pedestrian accident attorneys don’t stop there. The next step is determining exactly what legal claims you can assert. Next there is gathering of evidence necessary to prove the elements of those claims in court.
Every legal claim has a different set of elements that need to be proven. The most common claim in pedestrian accident cases is negligence. Negligence takes place when someone who has a duty to those around them fails to behave with a level of care that someone reasonable, in the same circumstances, would have exercised.
For example, drivers on the road owe a duty of care to the vehicles and pedestrians around them. When a driver knowingly turns right on red despite it being illegal to do so at that intersection and hits a pedestrian, that would be an example of negligent behavior because they were not using reasonable care.
Four Elements in a Negligence Case
Although this may make proving negligence sound easy, it is actually a difficult task. There are four separate elements that your attorney must prove—duty, breach, causation, and damages. If a jury concludes that you only proved three out of the four, then you lose.
Proving all four elements of a negligence case becomes even more complicated when the defendant—the insurance company for the driver who hit you—argues that the accident was your fault. Then, your lawyer needs to go the extra mile of proving to the jury that you were not to blame for the accident.
There are also many steps in this complicated process. Once negotiations close, your Houston injury attorney will continue to gather evidence and assess your legal claim. Eventually, he or she will file the complaint in court. Then, the lawyers go through a process called discovery where they have to turn over evidence to one another.
During this process, attorneys may also take depositions of you or witnesses. Then, before trial even begins, the attorneys will litigate any pre-trial motions that are necessary. For example, if the insurance company moves to dismiss the case, your attorney will fight against that motion in court. Finally, after jury selection, the trial will begin.
Thus, this process is complicated and can be lengthy, which is why it is so important to have a personal injury lawyer in Houston by your side. At Zinda Law Group, our Houston pedestrian accident attorneys know that this process may feel daunting to you at the moment, but keep in mind that our attorneys will walk you through every step of the process. It is our lawyer’s mission to help you get the recovery you deserve and have as easy of a time doing it as possible.
TO TAKE ADVANTAGE OF YOUR 100% FREE CASE CONSULTATION, CALL OUR HOUSTON PEDESTRIAN ACCIDENT LAWYERS TODAY
As much as Zinda Law Group wishes we could turn back time and keep you from ever having gotten injured, we cannot. But what we can do is help you move forward. If you or a loved one have been injured in a Houston pedestrian accident, call us as soon as you feel ready.
In Texas, pedestrian accident victims generally have only two years from the date of the accident to file their lawsuit, which is why it is very important that you call an injury attorney sooner rather than later. The earlier you retain a Zinda Law Group attorney by calling (800) 863-5312, the more time we will have to prepare your case and negotiate with the other side.
We understand that you have struggled financially since your accident, which is why we offer 100% free case consultations. Even better, every one of our clients receives our no No Win, No Fee Guarantee. That means that if for some reason we are unsuccessful in your case, you don’t owe us a dime.
Meetings with attorneys are available by appointment only.