PEDESTRIAN ACCIDENT ATTORNEY IN HOUSTON, TEXAS

According to the Texas Department of Transportation, in 2019, there were 656 fatal pedestrian accidents, and 1,831 possible injury accidents involving pedestrians. Pedestrians are at risk when drivers are negligent, careless, or aggressive. The lack of protection between these wayfarers and motor vehicles often makes pedestrian accidents that much more devastating. Such accidents can cause minor to severe injuries, fractures, catastrophic injuries, or sometimes death.

If you or a loved one were hurt in a pedestrian accident caused by another person's recklessness, you may be entitled to recover damages. As an experienced Texas personal injury attorney, I can fight passionately to protect your rights and help you pursue fair financial compensation to cover medical bills, future medical treatment, lost income, pain and suffering, or loss. My firm proudly serves victims of pedestrian accidents in Houston, South Houston, Friendswood, Pasadena, Texas, and the surrounding communities.

DETERMINING LIABILITY IN A PEDESTRIAN ACCIDENT

Seeking compensation after a Texas pedestrian accident requires determining the at-fault party. Texas is a "fault" state, and under this system, the at-fault party will pay for injuries, damages, and other liability. To recover damages, you must prove that:

• The at-fault driver owed you a duty of care

• The at-fault driver breached the duty of care owed

• The negligence or carelessness of the at-fault driver caused your injuries

• You suffered actual harm, bodily injuries, or someone died from the accident

DRIVER'S RESPONSIBILITIES

Texas drivers owe a duty of care to other road users, including drivers, pedestrians, pedalcyclists, motorcyclists, and bicyclists. Pursuant to the Texas Transportation Code Sec. 552.008, drivers are expected to:

• Exercise due care to avoid hitting a pedestrian on the roadway

• Give warning by sounding the horn when necessary

• Yield the right-of-way to pedestrians crossing the roadway in a crosswalk if there are no traffic control signals

• Exercise right-of-way to the pedestrian on the half of the roadway

• Exercise proper precaution on observing a child or any obviously confused or incapacitated person on a roadway

Drivers who fail to exercise due care and cause a pedestrian accident may be found negligent and held liable.

PEDESTRIAN'S RESPONSIBILITIES

Under Texas Transportation Code Sec. 552, pedestrians have the following responsibilities when on or near a roadway:

• A pedestrian may not enter a roadway when facing a steady red or yellow signal

• A pedestrian may not cross a roadway in the direction of a "Don't Walk" or a "Wait" signal

• A pedestrian shall proceed on the right half of a crosswalk if possible

• A pedestrian may not suddenly leave a curb or other place of safety and proceed into a crosswalk in the path of an oncoming vehicle

• A pedestrian may not walk along and on a roadway, if an adjacent sidewalk is provided and is accessible to the pedestrian

• A pedestrian shall yield the right-of-way to a vehicle on the highway if crossing a roadway at a point other than a crosswalk

MODIFIED COMPARATIVE FAULT IN TEXAS

Texas uses a modified form of comparative negligence. This system limits a victim's ability to recover damages if found partially at fault for an accident. Also referred to as the 51% bar, this rule says if you were found to be over 50% responsible for the accident, you may not receive compensation.

DAMAGES AVAILABLE

Damages that may be available for Texas pedestrian accident victims include:

• Medical expenses associated with the accident, including future medical treatment

• Past and future lost wages, income, or other benefits

• Damaged property repair or replacement

• Disability expenses

• Reduced earning capacity

• Damages for physical pain and suffering

• Emotional distress or mental anguish

• Legal or attorney fees

• Punitive damages to punish the defendant

• Wrongful death damages, where applicable

HOW A PERSONAL INJURY ATTORNEY CAN HELP

Pedestrian accidents can have a huge, long-term impact on all aspects of your life, including your financial, physical, and emotional health. But, you don't have to go through it alone. Retaining a knowledgeable Texas personal injury attorney immediately is crucial to protect your rights and for proper guidance.

I am committed to offering outstanding legal services and strong representation in personal injury and pedestrian accident-related matters. As your legal counsel, I can help you with the following:

• Review your case and conduct a detailed investigation

• Gather all required information, pieces of evidence, and other required documentation

• Establish fault and liability

• Estimate and determine case-value

• Handle all communication and negotiations on your behalf while you focus on your recovery

• Negotiate a fair financial settlement with the insurance company

Also, I can provide the compassionate representation and advocacy you need in your personal injury or wrongful death lawsuit. I will fight vigorously to protect your rights, represent your best interest, and ensure that the responsible party is held liable.