PEDESTRIAN ACCIDENTS IN HOUSTON
Houston Pedestrian Accident Lawyers
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 an experienced pedestrian accident lawyer. Our qualified 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.
What is a Pedestrian Accident?
A pedestrian accident is an accident where a pedestrian (a person on foot) is struck by another, often much larger and more powerful force. This could be anything from a car to a motorcycle, bicycle, or even a horse. Pedestrian accidents may occur in places 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.
That is why back injuries are so serious. There is so much of the body that can be affected by the injury of your back or spine. Getting hurt in an accident can result in the loss of those functions that are so pertinent to everyday life. Even the smallest amount of trauma to your back can potentially lead to permanent nerve damage, chronic pain, or even paralysis.
Back injury doesn’t only stem from a sudden, concentrated accident like those mentioned above. It can also be the result of long term damage like years of muscle strain.
For this reason, you should treat every back injury as a serious one. You may spend years of your life in recovery from a back injury, which comes with a large sum of medical expenses and pain and suffering, as well.
When is it Considered a Driver's Fault in a Pedestrian Accident?
Pedestrian accidents are often, but not always, caused by the mistakes of a driver. There are numerous instances where a driver might be at fault for a pedestrian accident. Perhaps the most common instance occurs when a driver is distracted. Generally, this is a result of texting or otherwise using a cell phone while driving. The driver may also be distracted by other passengers or cars and scenery in their vicinity. If distracted driving resulted in a pedestrian accident, the person operating the vehicle is most certainly at fault.
Other times a driver might be held liable for a pedestrian accident is if they were speeding. 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 devastating consequences.
Failure to look both ways before turning at an intersection can also result in this type of accident. 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.
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.
Seeking medical treatment following an injury can make sure you are on the road to recovery and that the injury doesn’t worsen over time. While you recover physically from your injury, you’ll notice your medical bills and expenses will quickly add up. This is when the legal standpoint comes into play.
You will need a legal team that knows how to effectively establish the full and fair value of your case in litigation. You need legal representation that grasps the hardships you face and can fight to compensate for them. At Reich & Binstock, we know how big of an impact a back injury can have on every aspect of your life. We also know how to protect your future.
What Happens if a Pedestrian Caused an 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 the event that a pedestrian is at fault for an accident between them and a car or two or more other vehicles, the driver may be able to file a claim against them for any injuries received. 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 wages
- Pain and suffering
- Mental anguish
- Loss of consortium
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.
You may have heard “The pedestrian always has the right of way.” This is not always the case and it 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, there are roads that are 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?
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 claim, you’ll need to write a formal letter demanding the insurance company compensates you for the injuries their insured caused you. Here is a checklist of things that will need to be included in the letter:
- Description of the accident
- Make a detailed account of the accident as you remember it.
- This may include what you were doing before, during, and after the accident occurred.
- Establish liability
- Explain why and how their insured is responsible for causing your injuries.
- List of injuries
- Compose a detailed list and description of your injuries.
- This may include any physical injuries, emotional distress, or pain and suffering you’ve experienced since the accident.
- 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.
- Proof of expenses
- This may include medical records or bills, receipts for out-of-pocket expenses, and wage statements.
- Evidence of accident
- This may include police reports, witness statements, and photographs of the scene as well as of your injuries.
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.
Contact Our Houston Pedestrian Accident Lawyers Today
If you or a loved one has been seriously injured in a pedestrian accident, contact our 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.