HOUSTON PEDESTRIAN ACCIDENT ATTORNEYS
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Houston Pedestrian Accident Lawyer
It is important for anyone involved in a pedestrian accident to receive professional legal help immediately. If you or a loved one sustained injuries from a pedestrian accident, seek the help of our experienced Houston pedestrian accident lawyers.
Our qualified personal injury attorneys at Reich & Binstock work to provide clients with unmatched assistance and guidance throughout the legal process that stems from a pedestrian accident claim. We handle the extensive legal side of things, allowing you to focus on your own physical and mental recovery.
Contact a Houston pedestrian accident lawyer from Reich & Binstock today at 713-622-7271 for a free legal consultation.
What is a Pedestrian Accident?
A pedestrian accident is an accident where a pedestrian, or a person on foot, is struck by another, often much larger and more powerful force.
Pedestrian accidents could include anything from a car to a motorcycle, bicycle, or even a horse. Pedestrian accidents may occur in locations such as a sidewalk, parking lot, crosswalk, or more. Because of the difference in size and power between a pedestrian and the force colliding with them, an accident of this sort can result in catastrophic injuries or even death.
How a Houston Pedestrian Accident Lawyer Can Help
If you’re involved in any motor vehicle accident or auto pedestrian accident that results in serious injuries or a significant amount of material damage, you should always speak with an experienced personal injury attorney in Houston.
Injured pedestrians that sustain life-altering or severe injuries, such as spinal cord injuries, head injuries, or other catastrophic injuries should bring personal injury claims to a reputable attorney immediately.
Personal injury cases that involve lifetime disabilities should be looked over by a personal injury lawyer who has your best interest in mind, not an insurance company who is looking to provide the lowest payout possible.
It’s important to note that getting a lawyer for pedestrian accident injuries doesn’t always mean that your pedestrian accident case has to go to trial.
When you hire Reich & Binstock, you’ll work with an experienced pedestrian accident attorney whose main goal is protecting your rights. Our pedestrian accident lawyers have the litigation experience, skillset and drive to fight for you, after you’ve been involved in this unfortunate accident.
Compensation for Pedestrian Accidents in Houston, TX
If you’ve sustained severe injuries from a pedestrian accident in Houston, the last thing you need to be doing is arguing with the driver’s insurance company over fair compensation.
One of the biggest advantages to hiring an experienced Houston pedestrian accident lawyer is our ability to provide legal guidance on claims value.
Our personal injury attorneys can honestly and accurately assess your pedestrian accident case, weighing the potential economic damages, non economic damages, legal fees, and more so that our estimates are as accurate as possible.
Economic Damages
Economic damages include any damages that can be easily calculated with a specific, numerical value. These damages can include items such as medical bills for injured pedestrians or funeral expenses for those who lost their life after being hit by a car.
For child pedestrians or pedestrians who sustained a permanent disability, the economic damages are estimated, usually using a multiplier.
Non Economic Damages
Non economic damages include damages that cannot easily be calculated. These damages can include pain and suffering, loss of consortium, etc.
Pedestrian Accident Cases FAQ
What are the Consequences of Hitting a Pedestrian in Texas?
A negligent driver who strikes a pedestrian can face both criminal and civil consequences.
Depending on the circumstances surrounding the Houston pedestrian accident, criminal penalties could include jail time, probation, restitution, a driver’s license suspension or fines.
Civil consequences for negligent drivers depend on whether or not the personal injury victim seeks out the help of an experienced Houston pedestrian accident lawyer.
Pedestrian accident victims are usually awarded damages for medical costs, pain and suffering, lost wages, and a host of other losses they incurred as a direct result of the accident.
When is it Considered a Driver's Fault in Texas Pedestrian Accident?
Houston pedestrian accidents are often, but not always, caused by the mistakes of a driver.
Distracted Driving
There are numerous instances where a driver might be at fault for a pedestrian accident. Perhaps the most common instance occurs when the at fault driver is distracted.
Generally, distracted drivers are texting or using a cell phone while driving. The driver’s negligence may also be attributed to other passengers or cars and scenery in their vicinity.
If distracted driving resulted in an auto pedestrian accident, the driver responsible for operating the vehicle is most certainly at fault.
Speeding
Other times, driver negligence can be attributed to speeding in auto pedestrian accidents.
Driving at excessive speeds can be dangerous for anyone, including the driver, other vehicles, and especially pedestrians. When speeding, the driver may not be able to brake fast enough in the event that something happens, like a pedestrian stepping out onto the street. This can lead to pedestrian accidents and devastating consequences.
Failure to Yield
Failure to look both ways before turning at an intersection can also result in pedestrian accidents. The same goes for failing to yield for pedestrians at crosswalks.
Awareness for other cars and pedestrians in the vicinity is crucial when operating a vehicle.
Most of the time, if drivers simply obey traffic signs and yield when prompted, many traffic accidents will be avoided altogether.
Impaired Driving
Finally, if the driver was under the influence of drugs or alcohol while driving and they hit a pedestrian, they will be at fault no matter the circumstances.
What Happens if a Pedestrian Caused the Accident?
Though most pedestrian accidents are caused by the negligence of drivers, this is not always the case.
Sometimes, pedestrians can be at fault in a pedestrian accident claim.
In the event that a pedestrian is at fault for an accident between either themselves and a car, or for two or more other vehicles colliding, the driver may be able to file a pedestrian accident lawsuit against the pedestrian for any injuries received during the car accident.
Driver Damages in Pedestrian Accidents
Even if the pedestrian suffered injuries as well, they may still be responsible for the damages of the other parties.
Damages that a driver may be able to recover include:
- Medical expenses
- Property damage
- Current and future lost earnings
- Pain and suffering
- Mental anguish
- Loss of consortium
Pedestrian Damages
If the tables were turned and the driver caused the accident, the pedestrian would also be able to recover all of these damages, aside from property damage.
Pedestrians Have the Right of Way
You may have heard “The pedestrian always has the right of way.”
This is not always the case. It certainly does not mean that a pedestrian is exempt from any liability in the event of an accident. There are many ways that a pedestrian may cause an accident.
For example, a pedestrian failing to obey a traffic sign or signal could directly cause or contribute to an accident. Crossing a street in an area other than the crosswalk could also result in an accident.
Another obvious way a pedestrian might be at fault for an accident is if they are darting into the street or weaving in between cars with no regard for motorists.
Sometimes, street signs clearly state that a specific road is off limits to pedestrians. If an accident occurs on one of these roads, the pedestrian might hold some or all liability.
While being drunk while walking is certainly not a crime, it can be dangerous, especially when traffic is involved. Doing something such as crossing the street while under the influence can potentially prove negligence on the pedestrian’s part because they may have been acting recklessly.
Even if a pedestrian caused the accident, the driver may not be completely off the hook. Depending on the circumstances of the case, both parties may have partial liability.
How to Write a Demand Letter for a Pedestrian Accident in Houston
Most people assume that a demand letter can only be written for a car accident or a slip and fall accident. But, demand letters are used in all types of injury cases. They’re for any victim who wants to seek compensation for injuries sustained because of another person’s negligence.
So, after receiving injuries in a pedestrian accident, you’ll want to file a claim with the liable party’s insurance company. The statute of limitations for personal injury in Texas is two years, so it should be done as soon as possible.
To begin your pedestrian accident injury claim, you’ll need to write a formal letter demanding the insurance company compensate you for the injuries their insured caused you.
You’ll need to gather evidence and include the following in your personal injury demand letter to the insurance provider:
Description of the Pedestrian Accident
Start by making a detailed account of the pedestrian accident as you remember it. This can include what you were doing before, during, and after the accident occurred.
Establish Liability
Next, you need to explain why their client is the at-fault party in the pedestrian accident case, as well as how their insured is responsible for causing your injuries.
List Pedestrian Accident Injuries
Include a detailed list of all your injuries. You’ll also want to provide a brief description of how long these injuries should take to heal.
You can include any physical injuries, emotional distress, or pain and suffering you’ve experienced since the accident.
List All Relevant Expenses
Make a list for the costs associated with each injury you received that adds up to the final value you’re demanding. This may include emergency room bills, physical therapy, medications, lost wages, etc.
If applicable, provide proof of past expenses associated with the pedestrian accident claim. This may include medical records or bills, receipts for out-of-pocket expenses, and wage statements.
Evidence of Pedestrian Accident
You need to include any evidence of the accident that you possibly can. This may include police reports, witness statements, and photographs of the scene as well as of your injuries.
If their insured client did admit fault at the scene, be sure to include this in your demand letter.
Your Houston pedestrian accident attorney can help you in composing this letter and gathering all the documentation you need. They will also organize the documents as they are presented in your demand letter before sending it off to the other party’s insurance company.
When a pedestrian accident lawyer from Reich, & Binstock provides experienced legal representation, we try to make sure that we’ve identified all potential damages. Brain, spinal cord, and other catastrophic injuries can exponentially increase your case’s value, since those are associated with increased risk and long term consequences.
Please call our Houston office for a free consultation. Once we establish an attorney client relationship, all conversations between you and our legal team are confidential.
Experienced Houston Pedestrian Accident Lawyers
If you or a loved one has been seriously injured in a pedestrian accident, contact our Houston pedestrian accident attorneys at Reich & Binstock today for a free consultation.
You should act quickly, as you may only have a limited amount of time to make a claim. Our Houston, Texas pedestrian accident attorneys at Reich & Binstock offer caring and compassionate counsel to victims and their families.
Let us focus on the legal aspects of your case while you and your family focus on the healing aspect. You may either use our online contact form below or call 713-622-7271 (or 800-622-7271 toll free) to schedule your consultation.
