The Most Common Pedestrian Accident Injuries
Pedestrians are not protected. They are vulnerable to traffic. Unfortunately, this means that a significant share of pedestrian collisions result in injuries. Our firm handles all types of pedestrian injury claims. Some of the most common injuries reported in pedestrian accidents include:
- Traumatic brain injuries (TBIs);
An Overview of Pedestrian Accident Laws in Texas
Texas is an at-fault car accident state. The standard applies to all types of collisions, including pedestrian accidents. All negligent parties—a driver, a truck company, etc.—can be held liable for a pedestrian collision. Negligent conduct that can lead to pedestrian accidents includes:
That being said, a driver is not automatically liable for a pedestrian accident in Texas. A detail-focused investigation is required to determine exactly why a pedestrian collision happened. There is a two-year statute of limitations for pedestrian accident claims in Texas.
Texas is a Comparative Negligence State for Pedestrian Collisions
In Texas, motor vehicle accident claims—including pedestrian injury claims—fall under the state’s comparative negligence standard. The law means that each party to a crash will be held responsible for the percentage share of the fault. Pedestrians can be found partially at fault for their own injuries in Texas. When this occurs, they can still seek compensation—but their settlement or verdict may be reduced.
As an example, imagine that a serious pedestrian crash is reported in Harris County. An investigation reveals that the driver was distracted. However, the investigation also reveals pedestrians darted out in front of traffic from behind a parked car when there was a “don’t walk” sign. The pedestrian sustained $30,000 in total damages. If the pedestrian is held 20 percent liable for their own crash, they will bear 20 percent fault for their own damages ($6,000).
Recovering Compensation for Injured Pedestrians
Following a pedestrian crash, you need money to pay bills. In Houston, injured pedestrians have the right to hold the at-fault driver (or other responsible parties) liable for economic and non-economic damages. Unfortunately, getting a fair settlement from an insurance company can be difficult.
Our Houston pedestrian accident lawyers help injured victims maximize their financial recovery. After a pedestrian injury, you may be eligible to recover financial compensation for:
- Ambulance costs and emergency room treatment;
- Medical bills and other health care costs;
- Physical therapy and psychological counseling;
- Lost wages and diminished earning potential;
- Pain and suffering & mental distress;
- Disfigurement and/or disability; and
You Must Bring a Pedestrian Injury Claim Before the Statute of Limitations Expires
Under Texas state law (Texas Civil Practice & Remedies Code § 16.003), pedestrian accident injury claims are regulated by a two-year statute of limitations. This is a strict statutory deadline. You must file a pedestrian accident lawsuit within 24 months of the crash—otherwise, you will lose your right to take legal action at all. Do not wait to get started with a Texas personal injury claim. Insurers waste no time in putting together their defense strategy. Consult with our Houston, TX pedestrian injury attorney as soon as possible after an accident.
