Pedestrian Accidents Attorneys in Houston, Texas 

Accidents are an unfortunate part of life that we never expect to happen. But when accidents do happen, they can severely affect a person’s life. When that accident happens to a pedestrian versus a car, motorcycle, or bike, the consequences can be dire. That is why getting fair compensation for injuries sustained in a pedestrian accident is a right we must strive to protect.  

If you find yourself in this position, know that you shouldn’t face this alone, and you don’t have to. At Ellis & Thomas, PLLC, our personal injury attorneys are prepared to guide you to your options. We will fight for you and help you seek fair compensation for your injuries. From our office in Houston, Texas, we serve the surrounding areas of options of Harris County, Fort Bend County, Montgomery County, and Brazoria County. Reach out for skilled advice from pedestrian accident lawyers, and schedule a consultation today. 

Determining Liability for a Pedestrian Accident in Texas 

In Texas, liability is determined by the pedestrian’s right of way. In essence, pedestrians have priority at a properly marked road crossing. As a result, vehicles that impact pedestrians are liable for the accident as long as the accident occurs at a proper pedestrian crossing. 

So, what happens if a pedestrian accident occurs at an unmarked crossing, such as in the middle of the road? 

Please note that Texas law requires pedestrians to cross at duly marked crossings. If pedestrians fail to cross at a proper pedestrian crossing, the pedestrian may be liable for causing the accident. However, vehicles must also try to avoid the incident whenever possible.  

Ultimately, both drivers and pedestrians are responsible for avoiding accidents whenever possible. There are circumstances in which external factors might make avoiding an accident difficult. For instance, poor weather conditions, such as heavy rain, can make visibility difficult. Such situations may lead to a pedestrian accident.  

Please remember that drivers and pedestrians must take extra precautions during bad weather conditions. Above all, the most important thing to keep in mind is exercising as much caution as possible. 

Determining Fault in Texas 

Please note that Texas is an at-fault state. This condition means that the responsible party must cover the material damages and personal injuries caused by a pedestrian accident. It is worth noting that liability in a pedestrian accident does not automatically go to the driver. Insurance companies investigate before making a final liability decision. This decision determines who is at fault for the accident. 

During the investigation, proving negligence becomes the focal point. Negligence can be defined as failure to follow appropriate safety guidelines. For example, driving while using a cell phone is a classic example of negligence. Similarly, crossing a busy road anywhere other than a pedestrian crossing would be considered negligence. 

The ultimate liability decision boils down to comparative negligence. This concept means that both the driver and pedestrian may share fault for causing the accident. Consequently, liability can be split 50/50, 60/40, 70/30, 80/20, or 90/10.  

Pedestrian accident victims will need to document everything they can when filing a personal injury claim. Hiring a personal injury attorney is a great idea to help pedestrians hit by a car. An experienced personal injury attorney can help pedestrian accident victims prove negligence, making their personal injury claim highly effective. 

Statute of Limitations in Texas 

Texas’s statute of limitations for personal injury or wrongful death claims is two years. In other words, pedestrian accident victims have two years from the accident date to file a personal injury or wrongful death claim. Beyond that timeframe, claims may get easily dismissed. Therefore, pedestrian accident victims or their family members must file their claims as soon as possible. However, please remember that it is not necessary to settle immediately. The important thing is to get the process started as early as possible. 

What Compensation Can Pedestrian Accident Victims Expect? 

Generally speaking, fair compensation for personal injury refers to a monetary settlement for lost wages, medical expenses, hospital bills, and emotional anguish. Compensation for lost wages and expenses is must easier to quantify. However, emotional anguish is completely subjective. Therefore, an experienced personal injury attorney can help accident victims determine a fair amount based on their individual circumstances. 

In the case of a wrongful death claim, fair compensation can include funeral expenses, burial costs, and any other expenses family members must cover as a result of the pedestrian accident. It is a good rule of thumb to never accept the first offer. Insurance companies generally lowball accident victims. So, negotiating may be the only way to get fair compensation. 

What Are the Next Steps Following a Pedestrian Accident? 

Pedestrian accident victims should do the following after an accident: 

1. Seek medical care.  

2. Contact the responsible party’s insurance company to file a claim. 

3. Talk to a professional personal injury attorney. Doing so is a great way to determine your options. After all, dealing with injuries and material damages is tough enough. That is why talking to a personal injury attorney can help facilitate the entire situation. 

4. Lastly, seeking follow-up medical treatment is crucial to determining the extent of long-term pain and injuries. 

Pedestrian accident victims’ families should get in touch with a trusted personal injury attorney, especially in cases of wrongful death claims or incapacitation. These situations are highly complex and require careful attention to detail. Given the circumstances, victims’ family members may become overwhelmed. That is why having a trusted pedestrian accident attorney can facilitate handling the entire claims process.