Houston Pedestrian Accident Lawyer

Thousands of pedestrians are killed in traffic crashes in the United States every year. In 2016, a total of 5,987 pedestrians lost their lives when they were struck by a motor vehicle.
As high as that number sounds, the severity of this problem is even more apparent when we look at serious injuries. In 2017, an estimated 137,000 pedestrians were treated in emergency departments for non-fatal crash-related injuries.

Although anyone can be seriously injured or killed in a pedestrian traffic accident, certain groups are more at risk. These include older adults, ages 65 and over (20 percent of pedestrian fatalities), and children under the age of 15.

Not surprisingly, nearly half of all fatal pedestrian accidents involve alcohol, and excessive vehicle speeds dramatically increase the severity of the injury.

Why You Need a Lawyer After a Pedestrian Injury in Houston

Pedestrian accidents often result in severe injuries, making having an experienced Houston pedestrian accident attorney on your side essential. At DeHoyos Accident Attorneys, our team is committed to securing compensation for victims of pedestrian accidents.

Pedestrian accidents can cause debilitating injuries that may impact your life long-term. Managing these challenges can be overwhelming, from medical bills to lost wages and pain and suffering. Our Houston pedestrian accident attorneys will handle the legal complexities, allowing you to focus on your recovery.

We understand that navigating insurance claims and legal proceedings can be daunting, especially when dealing with injuries. Let us manage these aspects so you can concentrate on getting better.

Your Houston Pedestrian Accident Attorney Can Help to Determine Fault

The other party’s insurance company will look for ways to pin the accident on you. Were you texting while walking? Did you jaywalk? An experienced lawyer can position you for the most favorable outcome.

Being partially at fault doesn’t mean you shouldn’t still be compensated. If your attorney can show that the driver was also at fault (i.e. he/she was speeding or distracted at the time of the accident), you can still receive compensation for damages.

To determine fault, your attorney will gather evidence, including eyewitness testimony, police reports, medical records, and photographs or video of the scene. This process requires in-depth knowledge of pedestrian-motor vehicle crash cases and a thorough investigation into the accident.

Your Houston Pedestrian Accident Attorney Can Help to Determine Damages

If you have been injured in a pedestrian accident, you may be able to recover damages for medical bills, current and future lost wages, property damage, pain and suffering, and other associated costs. Although some of these costs are relatively easy to calculate, pain and suffering damages are less straightforward. 

The insurance companies know this and will try to lowball a victim for more ambiguous costs, such as mental anguish.

Fortunately, an experienced Houston injury lawyer can help you calculate these costs to recover what is rightfully yours.

Your Houston Pedestrian Accident Attorney Will Negotiate with Insurance Companies

Insurers are notorious for offering low settlements to accident victims without legal representation. They will also attempt to engage you in a discussion before you have obtained legal counsel, knowing they can use your words against you.

Your attorney can speak to the insurance companies on your behalf and negotiate a fair settlement so that you can move on with your life. Although settling outside of court is the goal, at DeHoyos Accident Attorneys, we are prepared to take your case to court if necessary.

What to Do After a Pedestrian Injury in Houston

After a pedestrian accident, taking specific steps can significantly impact your case. Here’s what to do:

Call 911: 

This ensures emergency responders arrive and creates an official police report.

Seek Medical Attention: 

Immediate care is crucial for diagnosing hidden injuries and establishing a medical record.

Collect Information: 

Obtain contact and insurance details from involved parties and witness contact information.

Document the Scene: 

Use your smartphone to take photos of the accident scene and any injuries.

Gathering comprehensive evidence will strengthen your case and aid your Houston pedestrian accident lawyer in building a robust claim.

Injuries You Can Receive from a Pedestrian Accident in Houston

Pedestrian accidents can result in a wide range of injuries, from minor scrapes to life-threatening conditions. Some of the most common injuries sustained in these incidents include:

Head Injuries:

Due to the impact of a vehicle, pedestrians often suffer from head injuries, including:

Concussions: 

Mild to severe brain injuries can cause dizziness, headaches, confusion, and memory problems.

Traumatic Brain Injuries (TBIs): 

Severe head injuries can lead to long-term cognitive, physical, and emotional disabilities.

Amputations: 

In severe cases, pedestrian accidents can result in the loss of limbs, such as legs or arms.

Internal Injuries: 

Pedestrian accidents can cause internal bleeding, organ damage, and other internal injuries that may not be immediately apparent.

Bone fractures

Broken bones are joints in pedestrian accidents, especially in the legs, pelvis, and arms.

Spinal cord injuries

Sprains, strains, and muscle tears are frequent injuries resulting from the force of impact.

Damages You Can Receive Compensation For from a Pedestrian Accident in Houston

If you have suffered any injuries above, you have a right to seek compensation. Damages may include:

Economic Damages

Medical Expenses: 

This includes past and future medical bills, surgeries, rehabilitation costs, medications, and any other medical expenses related to your injuries.

Lost Wages: 

If your injuries prevented you from working, you may be eligible for compensation for lost wages and future earning potential.

Property Damage: 

If your property was damaged in the accident, you can seek compensation for repairs or replacement.

Non-Economic Damages

Pain and Suffering: 

This includes compensation for the physical and emotional pain and suffering you’ve endured due to your injuries.

Disfigurement: 

If your injuries have resulted in scarring or disfigurement, you may be entitled to compensation for the physical and emotional impact.

Loss of Consortium: 

If you are married, your spouse may be able to claim compensation for the loss of companionship, love, and support due to your injuries.

Permanent Disability: 

If your injuries have resulted in a permanent disability, you may be entitled to compensation for losing future earning potential and quality of life.

Wrongful Death: In the tragic event of a fatal pedestrian accident, the surviving family members may be entitled to compensation for their loss.

What Causes Most Pedestrian Injuries in Houston?

Although pedestrian injuries can occur for myriad reasons, certain contributing factors are involved more often than others. These include:

Distracted driving

Drivers distracted by their phones, eating, or other activities are likelier to miss pedestrians, especially in low-light conditions or at intersections.

Driving under the influence

Impaired driving, whether due to alcohol or drugs, significantly increases the risk of pedestrian accidents. Drivers under the influence have slower reaction times and impaired judgment, making them more likely to strike pedestrians.

Visibility limitations

Poor weather conditions, such as rain, fog, or heavy traffic, can reduce visibility for drivers and pedestrians, increasing the likelihood of accidents. Parked cars that obstruct sightlines can also contribute to the problem.

Failure to stop at crosswalks

Drivers who fail to yield to pedestrians at crosswalks or intersections are a common cause of pedestrian accidents. This can include speeding through crosswalks or failing to stop when pedestrians have the right of way.

Speeding

Higher speeds reduce a driver’s reaction time and increase the severity of injuries in pedestrian accidents. Exceeding speed limits significantly increases the risk of striking a pedestrian.

Jaywalking

While pedestrians have the right of way at designated crosswalks, jaywalking can also contribute to accidents. Crossing outside designated areas or against traffic signals can put pedestrians at risk.Even if you were partially at fault for the accident, you may still be able to obtain compensation for any damages suffered. A Houston pedestrian accident attorney can help you determine how to proceed.

Houston Pedestrian Accident Statistics

Pedestrian accidents are a severe concern in Houston, with hundreds of injuries and fatalities occurring each year. Here’s a table summarizing key statistics from the Houston Vision Zero Annual Report 2022:

Statistic	Number
Total Traffic Deaths	331
Pedestrian Fatalities	115
Percentage of Pedestrian Fatalities	36%
Total Serious Injuries	1,620
Pedestrian Serious Injuries	245
Percentage of Pedestrian Serious Injuries	16%
Increase in Pedestrian Deaths from 2021	8.5%
Increase in Pedestrian Serious Injuries from 2021	11%

Texas Pedestrian Injury Laws

In Texas, motorists have a duty of care to stay focused on the task at hand and obey the rules of the road while driving. If they fail to do so, they are negligent and may be found liable for any resulting injuries or property damage.

In some cases, the pedestrian can be at fault, or partially at fault. According to Texas state law, pedestrians must obey traffic control devices—such as stoplights, pavement markings, and traffic signs—unless a police officer is controlling traffic.

Pedestrians must either walk on a sidewalk or must walk against traffic if there is no sidewalk. They must also use crosswalks, and keep to the right side when in crosswalks.

Texas Statue of Limitations on Pedestrian Accidents

While the general statute of limitations for personal injury claims in Texas is two years, some specific laws and regulations apply to pedestrian accidents.

Limitations of Personal Actions

The Texas Civil Practice and Remedies Code outlines the statutes of limitations for various types of lawsuits. The relevant law for pedestrian accidents is typically found in Chapter 16 of the Code.

General Statute of Limitations: 

Most personal injury claims, including pedestrian accidents, have a two-year statute of limitations. You must file your lawsuit within two years from the accident date.

Minors: 

Suppose the injured person is a minor (under 18). In that case, the statute of limitations is tolled until they reach the age of majority. This means they have until their 20th birthday to file a lawsuit.

Exceptions: 

There may be exceptions to the general statute of limitations in some instances, such as if the defendant fraudulently concealed the cause of the accident or if the injured person was incapacitated at the time of the accident.

Governmental Liability

Suppose a government entity, such as a city or state, is responsible for the conditions that led to the pedestrian accident. In that case, you may have additional legal considerations. 

Texas law imposes specific requirements for filing a claim against a government entity. These requirements often involve filing a notice of claim within a shorter period than the general statute of limitations.

Notice of Claim for Damages

To file a claim against a government entity in Texas, you typically need to provide a written notice of claim within a specific timeframe. 

This timeframe varies depending on the type of government entity involved. It’s essential to consult with an attorney to understand the exact requirements for filing a notice of claim in your case.

Consulting with a Houston pedestrian accident lawyer ensures you understand your rights and deadlines. They can provide personalized advice and guidance based on the specific details of your accident.

Houston Pedestrian Accident Frequently Asked Questions

What should I do if I’m hit by a vehicle while walking in Houston?

1. Seek medical attention immediately
2. Gather evidence
3. Report the accident
4. Exchange information
5. Contact a lawyer

Who can be held liable for a pedestrian accident in Houston?

The party liable for a pedestrian accident will depend on the specific circumstances. However, common potential defendants include:

• The driver of the vehicle: If the driver was negligent, such as driving under the influence, speeding, or distracted, they could be liable.
• The vehicle owner: In some cases, the vehicle owner may be held liable, especially if the driver was acting within the scope of their employment.
• Government entity: The responsible government entity could be liable if the accident occurred on a poorly maintained road or sidewalk.

How long do I have to file a pedestrian accident claim in Texas?

The statute of limitations for personal injury claims in Texas is generally two years from the accident date. However, specific circumstances might affect this deadline. It’s essential to consult with an attorney to understand the exact timeframe for your case.   

What compensation can I recover in a Houston pedestrian accident case?

If you’re injured in a pedestrian accident, you may be entitled to compensation for:

• Medical expenses
• Lost wages
• Pain and suffering
• Property damage
• Loss of consortium

Do I need a lawyer for a pedestrian accident claim in Houston?

It’s highly recommended to hire a lawyer for a pedestrian accident claim. They can handle the complexities of the legal process, negotiate with insurance companies, and fight for the maximum compensation you deserve. An attorney can also help you understand your rights and options, providing personalized guidance.

Contact DeHoyos Accident Attorneys Today to Speak With a Houston Pedestrian Accident Lawyer

If you or a loved one has been injured in a pedestrian accident, the skilled legal team at DeHoyos Accident Attorneys can help. We will analyze the details of your case to determine the at-fault party, gather evidence to substantiate your claim, and position you for the most favorable outcome.

Our experienced, compassionate attorneys will ensure that you understand your rights and options, and we will be by your side throughout the process. Don’t attempt to go through this overwhelming process on your own. We are here to help. Contact DeHoyos Accident Attorneys today for a free and confidential consultation about your case.

2024 Houston Pedestrian Accident Infographic