Pedestrian safety is a serious concern: Sometimes, an inattentive automobile driver does not see a person walking; at other times, a driver fails to respect a pedestrian’s right to use the road.
When a motorist injures you as a pedestrian, they could be liable for damages. A Houston pedestrian accident lawyer with Roberts Markland LLP can collect the evidence necessary to prove the motorist caused your injuries, as well as help you obtain appropriate compensation for your injury-related losses.
Despite advantages derived from walking, jogging, or running, anyone who travels by foot in a city knows that pedestrian safety is a serious issue. According to National Highway Traffic Safety Administration, pedestrians are 1.5 times more likely than passenger vehicle occupants to be killed in a car crash per trip. Even a small compact car that weighs 3000 pounds can cause catastrophic consequences. When a motor vehicle slams into the human body, traumatic brain injuries (TBIs), broken bones, spinal cord injuries (SCIs), amputation of limbs, impairment of vital organs, or wrongful death are far too common. Even if a pedestrian survives the impact of a motor vehicle, individuals tend to experience permanent debilitating injuries and disfigurement after the impact of the car accident.
The best way to counteract this common tactic is to seek prompt medical attention in the full course; which includes diagnostic scans, rehabilitation, and other relevant treatment. Because of the serious debilitating injuries that frequently occur when cars slam into pedestrians, parties benefit from immediate and thorough medical treatment. Financial recovery can facilitate the best medical care, replacement of lost earnings, and other compensation. Although no two pedestrian accident cases are identical, damages in a civil lawsuit will include both pecuniary damages (economic losses) and non-pecuniary damages such as pain and suffering.
Texas Transportation Code § 552.008 requires drivers to exercise due care when operating their vehicles where pedestrians are present. Negligent drivers must reimburse anyone they have injured for their pecuniary and non-pecuniary (economic and non-economic) losses. Sometimes, the driver’s insurance company will question the significance of your injuries. The best way to counteract this common tactic is to seek prompt medical attention.
Common types of economic damages include:
The court can measure these losses using receipts and bills.
Common examples of non-economic losses include:
The court may still award financial compensation for these harder to measure damages.
A knowledgeable attorney in Houston with Roberts Markland LLP can sometimes present clear and convincing evidence that the driver involved in your pedestrian collision was intentionally malicious or grossly negligent. The court may then consider the outrageousness of the driver’s conduct—and its impact on you—and award you punitive damages. The law caps punitive damages using a formula that considers the value of your pecuniary and non-pecuniary damages.
When you are injured in a pedestrian collision, the driver’s insurance company will do everything it can to reduce your financial compensation. Often, the insurer will blame you for causing your own injuries by “failing to exercise reasonable care to avoid injury.” It might argue you were jaywalking or suddenly darted out into the street when the accident occurred. Under the state’s comparative fault laws, a negligent plaintiff cannot collect damages for their portion of the liability: The greater your degree of fault, the less the insurance company must pay.
A Houston attorney could counter any assertion that you were primarily responsible for your pedestrian accident.
According to Texas law, an individual claiming damages for their injuries has two years from the date of their accident to bring a lawsuit. Although the law contains some exceptions, those who fail to meet this deadline could lose their right to sue.
Tragically, many pedestrians injured in accidents are children. Because a person under 18 has no right to file a lawsuit, the clock does not start running until they are legally an adult. Therefore, an injured child has until two years after their 18th birthday to bring a lawsuit against a negligent party.
Alternatively, a parent or guardian could bring a lawsuit on behalf of their child. Doing so is often more advantageous than waiting for the child to reach legal age. A seasoned attorney in Houston could discuss the pros and cons of each strategy and help you decide how to proceed when your child is hit by a car.
When a driver does not obey traffic laws or drive with reasonable caution, the likelihood of a pedestrian accident increases; when a driver’s careless or reckless behavior injures you, you deserve to be compensated for your losses.
Our skilled injury attorneys at Roberts Markland LLP can guide you through what may be one of the most difficult times in your or your loved one’s life. Reach out today to speak with a Houston pedestrian accident lawyer at our firm. If you have been injured as a pedestrian as a result of negligence, reach out to us 24 hours a day, 7 days a week. Our 30 years of experience at Roberts Markland, LLP will help guide you through what can be one of there most difficult times in you or your loved one’s life. Reach out today to speak with a Houston pedestrian accident lawyer at our firm.
