Pursuing Compensation After a Pedestrian Accident

Factors contributing to pedestrian accidents include distracted driving, speeding, and failure to yield to pedestrians. Pedestrians can also contribute to accidents by crossing outside of designated crosswalks or not paying attention to their surroundings. The City of Houston has implemented various safety measures, including adding more crosswalks and pedestrian signals, improving street lighting, and increasing education and awareness campaigns. However, pedestrian accidents occur all too frequently, and their consequences can be severe. A Davis Law Group pedestrian accident attorney in Houston is dedicated to securing compensation for your injuries and justice for your well-being.

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Our Approach

Pedestrian accidents can be incredibly serious, especially when they result in fatalities. Navigating the legal complexities of personal injury law and managing the aftermath can be overwhelming. Our team of Houston pedestrian accident lawyers is dedicated to easing this burden so your best interests remain at the forefront. 

If you have been injured in a pedestrian accident, you may be able to recover compensation from the driver's insurance company. However, insurance companies may be more concerned with their bottom line than with your physical or emotional well-being and may try to minimize your claim or deny it altogether. To maximize your recovery and protect your rights, working with a knowledgeable personal injury attorney who can negotiate with the insurance company on your behalf is important. At Davis Law Group, you have experienced advocates on your side.

What Are Common Causes of Pedestrian Accidents in Houston?

Driver Negligence

Drivers who are not paying attention to the road, speeding, or driving under the influence of drugs or alcohol can easily hit a pedestrian. Additionally, drivers who fail to yield to pedestrians or who do not follow traffic signals can also cause accidents.

Pedestrian Errors

Pedestrians who are distracted while walking, such as by using their phones or listening to music, may not notice oncoming traffic. Additionally, pedestrians who do not follow traffic signals or who jaywalk can also put themselves in danger.

Environmental Factors

Poor lighting, lack of crosswalks, and poorly maintained sidewalks can all contribute to accidents. Additionally, drivers who are not familiar with the area may not be aware of pedestrian-heavy areas, which can also lead to accidents.

Common Pedestrian Accident Injuries

Pedestrian accidents can cause serious and sometimes life-changing injuries due to the vulnerability of those on foot. At Davis Law Group, we understand the impact these injuries have on your life and are here to help. Common injuries from pedestrian accidents include:

  • Fractures and broken bones in the arms, legs, hips, or ribs
  • Head and brain injuries, such as concussions or traumatic brain injuries (TBI)
  • Spinal cord injuries that may result in partial or full paralysis
  • Internal injuries involving organs and internal bleeding
  • Soft tissue injuries like sprains, strains, and ligament damage
  • Cuts, bruises, and abrasions that can lead to scarring
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How Can I Prevent a Pedestrian Accident?

  • Be Alert and Visible: Pedestrians should stay alert, avoid distractions like using phones while walking, and wear bright or reflective clothing, especially in low-light conditions.
  • Use Designated Crosswalks: Cross streets at designated crosswalks or intersections where drivers expect pedestrians; follow traffic signals and cross when it's safe.
  • Make Eye Contact: If you need to pass in front of a vehicle, making eye contact with the driver can ensure they see you before you cross.
  • Walk Facing Traffic: If there is no sidewalk, walk facing traffic to see oncoming vehicles.
  • Avoid Alcohol and Drugs: Walking under the influence impairs one’s judgment and reaction times, increasing the risk of accidents.
  • Use Caution in Parking Lots: Be cautious in parking lots where drivers may not expect pedestrians to walk by.
  • Obey Traffic Laws: Follow all traffic signals and laws when walking near or crossing roads.
  • Educate Children: Teach children pedestrian safety rules, such as looking both ways before crossing and using crosswalks.
  • Infrastructure Improvements: Communities can improve pedestrian safety by adding crosswalks, sidewalks, and pedestrian signals.
  • Driver Awareness: Drivers should be vigilant, especially in areas with high pedestrian traffic, and obey speed limits and traffic signals.

What Should I Do After Being Involved in a Pedestrian Accident?

  • Seek medical attention immediately, even for seemingly minor injuries.
  • Contact the police to file a report.
  • Gather information from the driver, including their name, contact, and insurance details.
  • Document the scene with photos and notes of what happened.
  • Contact a pedestrian accident lawyer in Houston to understand your legal rights and options.
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Pedestrian Rights and Responsibilities

While drivers have a duty to exercise reasonable care when operating their vehicles, pedestrians also have certain rights and responsibilities. In Texas, pedestrians must use crosswalks and obey traffic signals. However, drivers must also yield to pedestrians who are lawfully crossing the road.

If you are a pedestrian, it is important to be aware of your surroundings and take steps to ensure your own safety. This can include wearing reflective clothing, using sidewalks when available, and avoiding distractions such as cell phones and headphones.

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What Damages Can Be Recovered After a Pedestrian Accident?

If you’ve been injured in a pedestrian accident, the aftermath can leave you facing steep medical bills, time away from work, and long-term physical or emotional challenges. At Davis Law Group, we help injured pedestrians pursue the full range of damages they may be entitled to recover, which can include:

  • Medical expenses for hospital stays, surgeries, medications, and ongoing treatment
  • Lost wages and loss of future earning capacity
  • Pain and suffering for physical discomfort and emotional distress
  • Rehabilitation costs, such as physical therapy or counseling
  • Property damage for items like clothing, electronics, or personal belongings
  • Wrongful death damages for families who have lost a loved one
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Why Choose Davis Law Group to Handle Your Pedestrian Accident Case in Houston?

At Davis Law Group, our reputation is built on extensive experience and a deep commitment to our clients. With a track record of successfully trying numerous cases and handling numerous appeals, our team, led by double-board-certified personal injury attorney Joshua Davis, reflects our dedication to achieving the best possible outcomes for our clients.

Accessibility is a core value of our practice. We pride ourselves on being responsive and knowledgeable, ensuring that our clients feel supported and informed throughout their legal journey. Our clients often express appreciation for our approachability, noting that they can easily reach us by phone or text and that we genuinely care about their well-being.

Our kindness and compassion are integral to our operation. Clients frequently mention our tender-heartedness and willingness to go above and beyond, such as providing personal loans when needed. We prioritize our clients' needs above all else, demonstrating our commitment to not just our clients' cases but to their overall well-being.

Pedestrian Accident FAQs

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

Who can be held liable?

Do pedestrians always have the right-of-way in Texas?

What if I was partially at fault, for example, jaywalking?

What is the process for filing a pedestrian accident claim?

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

In Texas, you generally have two years from the date of the accident to file a pedestrian accident claim. Missing this deadline can prevent you from seeking compensation, so it’s important to act promptly.

Who can be held liable?

Liability can fall on drivers who were negligent, distracted, speeding, or violated traffic laws. In some cases, property owners or municipalities may also be responsible if unsafe conditions contributed to the accident.

Do pedestrians always have the right-of-way in Texas?

While pedestrians often have the right-of-way at marked crosswalks and intersections, Texas law requires pedestrians to exercise caution and not suddenly leave a curb or place of safety in front of a vehicle so close it’s impossible for the driver to stop. Our team can help clarify how these rules apply to your case.

What if I was partially at fault, for example, jaywalking?

Texas follows a modified comparative fault rule, meaning you can still recover damages even if you were partially at fault, as long as your responsibility is less than 51%. Your compensation may be reduced based on your percentage of fault.

What is the process for filing a pedestrian accident claim?

Filing a claim involves gathering evidence, documenting injuries and damages, and negotiating with insurance companies. The experienced attorneys at Davis Law Group can guide you through this process, help build a strong case, and advocate for a fair settlement or trial if needed.

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