Houston Pedestrian Accident
A pedestrian accident can leave you terribly injured, buried in hospital bills, or even grieving the loss of a loved one. Pedestrians are especially vulnerable to injuries from vehicles and walking hazards, so they are granted some protection under the law. If you were injured in an accident, a Houston pedestrian accident lawyer from The Lanier Law Firm is here to help you.
Legally Reviewed By: Jud Waltman
Pedestrians are vulnerable to accidents with cars, trucks, and other motor vehicles. They also face hazards from improper sidewalk construction, holes, and other hidden dangers, and yet they do not have the same physical protection as those riding in vehicles.
If you suffered damages from another person’s negligence while you were a pedestrian, you may be entitled to file a personal injury claim for your injuries. To pursue and investigate your claim, contact a dedicated Houston pedestrian accident lawyer at The Lanier Law Firm. Our skilled personal injury attorneys are ready to put our skills and knowledge to use for you. Speak with us for a free case evaluation to get started.
Why Choose The Lanier Law Firm?
The attorneys at The Lanier Law Firm’s Houston office know how to investigate and pursue your claim following a pedestrian accident. We know the ins and outs of pedestrian accident lawsuits and will study your unique case to ensure you receive the compensation you deserve. We provide exceptional legal service and protect the rights of pedestrians injured by negligent parties.
The Lanier Law Firm is one of the world’s leading law firms for pedestrian accidents and other personal injury claims and is nationally recognized for both large verdicts and dedication to our clients. Our attorneys have decades of combined experience that we can put to work for you. We put our clients first so that your rights are always protected.
Pedestrian Accidents in Houston
A pedestrian accident occurs when a pedestrian is injured by a negligent person or party. Pedestrians have certain rights under Texas law that govern how they can walk and what rights they are entitled to. Texas Statutes Chapter 522 governs how pedestrians may walk and provides protections for pedestrians when walking lawfully.
The law requires pedestrians to:
- Avoid jaywalking.
- Use sidewalks when they are available.
- Stay on the curb if possible.
- Properly interact with and follow traffic signals such as red lights and crosswalk signs.
- Keep to the right on roadways when possible.
- Cross at crosswalks whenever available.
These rules not only govern the pedestrian’s conduct but also help protect them from drivers on the road. When pedestrians follow the law and are hurt by a negligent driver or another party, that negligent defendant should be financially responsible. Drivers who violate your rights could be subject to a personal injury claim.
Common Causes of Pedestrian Accidents
There are countless hazards out there for pedestrians. Without the protection of a car frame, seat belts, and other safeguards afforded by motor vehicles, pedestrians can suffer grave injuries when incidents occur. Some of the most common situations that lead to pedestrian accidents include:
- Distracted drivers, such as those driving while texting, watching videos, or fiddling with radio controls
- Drunk or drugged drivers
- Vehicles leaving the roadway
- Crosswalk traffic accidents
- Crashes into buildings and storefronts
- Holes in the sidewalk or street
- Defective traffic control devices
These and countless other accidents may cause serious injuries to a pedestrian. When they do, a skilled personal injury attorney in Houston is ready to file a personal injury claim to help.
Injuries in Houston Pedestrian Accidents
Pedestrian accidents often lead to catastrophic injuries for you or your loved one. You could suffer devastating injuries that leave you permanently incapacitated and dealing with significant financial troubles. When these injuries are the result of someone else’s negligence, you may be owed substantial compensation for the injuries they caused.
Common injuries in a pedestrian accident include, but are not limited to:
- Strains and sprains
- Lacerations and skin damage
- Disfigurement or scarring
- Fractures and broken bones
- Spinal cord damage and paralysis
- Nerve damage
- Traumatic brain injuries
- Wrongful death
When you face these or other injuries, The Lanier Law Firm is ready to pursue compensation for you.
Compensation in Pedestrian Lawsuits
A personal injury lawsuit is designed to provide compensation for injured victims. It holds the negligent defendant financially responsible for both your economic and non-economic damages. In these cases, financial hardship can be high, but so too can the emotional toll of everything you have been through.
In a successful pedestrian personal injury claim, you could be entitled to monetary compensation for damages, such as:
- Property damages
- Costs of rehabilitation
- Past and future medical expenses
- Lost earning capacity and lost income
- Wrongful death damages
- Pain and suffering
- Loss of companionship and support
- Disfigurement or scarring
Monetary compensation — in the form of economic and non-economic damages — holds the defendant responsible for their negligence and helps you to recover. Proving your claim may entitle you to a substantial settlement or jury award.
How to Prove a Pedestrian Accident Lawsuit in Houston
Winning a pedestrian accident personal injury claim requires appropriate proof. You and your attorney must prove that:
- The defendant owed you a duty of care.
- The defendant violated that duty of care with their conduct.
- The violation caused your injuries.
- The extent of those injuries
Proving your case requires proper evidence of how the accident occurred. Proving the specific cause of the accident and connecting it to your injuries is essential to winning compensation in a personal injury case, including those for pedestrian injuries.
The assistance of an attorney is crucial to the success of your pedestrian accident lawsuit. People who represent themselves in a lawsuit can’t possibly know as much about legal procedures and the law as a lawyer, and thus, they are unlikely to secure the full compensation they are entitled to.
A skilled attorney understands the procedures required to protect your rights and seek compensation on your behalf.
Partial Fault in Pedestrian Accident Cases
Even if you were partially at fault for your accident, you might still be entitled to compensation. These legal arguments are governed by Texas Statutes § 33.001, titled “Proportionate Responsibility.” Under this system, a plaintiff may still recover if their negligence is fifty percent or less compared to the defendant.
For example, assume a jury finds that your damages are $100,000 after an accident. They also determine that you were 20 percent responsible for the accident and your injuries. Your damages will be reduced by 20 percent, or $20,000. This ensures that you are properly compensated even if you had something to do with the accident.
However, this rule can also work against you, as many defendants will try to minimize their financial responsibility by arguing that you were more at fault than you were. A competent attorney knows this and is ready to defend your stance and get you the compensation you deserve.
Statute of Limitations in Pedestrian Accident Cases
Most pedestrian accident lawsuits must be filed within two years of the date they occurred. This time limit, called the statute of limitations, is found in Texas Statute § 16.003. You must file your case within this time period, or your case could be dismissed, regardless of its merit.
There are rare exceptions to this rule that may extend the time limits. It is always best to contact an attorney quickly after an accident to avoid any issues with the statute of limitations.
Speak to a Houston Pedestrian Accident Attorney
A qualified Houston pedestrian accident lawyer knows how to investigate and prove your case. We offer free consultations so you can discover what compensation may be available to you. Our attorneys are highly skilled and dedicated to protecting the rights of pedestrians just like you.
To learn more about your case, contact us online or call us at 800-723-3216.