Pedestrian Accident in Houston: What To Do As A Victim?

A pedestrian accident in Houston, Texas, can be overwhelming. And as a victim, knowing how to protect yourself and your rights is crucial.

This blog post explores the essential steps you should take after a pedestrian accident. So, let’s navigate this difficult situation together.

Involvement in a Pedestrian Accident in Texas

Being involved in a pedestrian accident can have serious consequences in Texas. And understanding the legal and practical implications of such an incident is important. So, if you hit a pedestrian in Texas, the following things may occur:

• Stop immediately and ensure safety: Texas law requires you to stop your vehicle at the accident scene. Leaving without stopping is a hit-and-run offense.
• Provide assistance and call for help: Check on the pedestrian’s condition and provide any necessary assistance. Call 911 if there are injuries.
• Report the accident to the authorities: Report the accident to the local police or county sheriff’s office if injuries, death, or property damage exceed $1,000.
• Cooperate with the police investigation: Provide accurate information and follow the authorities’ instructions.
• Determine fault and liability: Texas follows a fault-based system, where the at-fault driver may be held liable for the pedestrian’s injuries and damages.
• Contact your insurance company: Report the accident to your insurance company to initiate the claims process.
• Legal consequences: You may face civil liability and potential criminal charges if found at fault.

Moreover, consulting with a personal injury attorney is important to understand your rights and navigate insurance claims and potential legal proceedings. And acting responsibly and following the appropriate procedures after a pedestrian accident is crucial for everyone’s well-being.

Filing a Police Report: Pedestrian Accident in Texas

It is best to file a police report immediately after a car accident in Texas. However, if you cannot do so immediately, you can still file a report days after the accident. Keep in mind the following:

• Prompt reporting is preferred: Reporting the accident as soon as possible is recommended to capture accurate information while it’s fresh.
• Reasonable timeframe: Texas doesn’t have a specific time limit for filing a report, but it is generally expected within 48 hours.
• Impact on the investigation: Delayed reporting can make it harder to establish fault and gather evidence, but provide all available information to the best of your ability.
• Importance of documentation: Provide detailed information, including the accident date, time, location, parties involved, and any witnesses. Include supporting documents if available.
• Exceptions and special circumstances: If immediate medical attention is needed, focus on that first and report the accident immediately.

Consulting with a personal injury attorney can ensure your rights are protected and help navigate the legal aspects of the accident, especially if you are filing a police report days after the incident.

Consequences of not calling the police after an accident in Texas

It is important to call the police immediately after an accident in Texas, as it is required by law. Not calling the police can lead to legal consequences and impact your ability to establish fault and file insurance claims. Here’s what you should know:

• Legal requirements: Texas law mandates that drivers involved in accidents must stop, render aid if necessary, and promptly notify the appropriate law enforcement agency in case of injury, death, or property damage exceeding $1,000.
• Criminal offenses: Not calling the police can be considered a hit-and-run offense, which is a criminal offense in Texas. Depending on the accident’s severity, it can result in fines, license suspension, or even imprisonment.
• Lack of official report: Without a police report, there will be no official documentation of the accident. This can make establishing facts, determining liability, and pursuing insurance claims or legal actions challenging.
• Difficulty establishing fault: Without a police report, determining fault becomes more difficult. Insurance companies and legal authorities rely on these reports to assess liability and compensation.
• Impact on insurance claims: Insurance companies often require a police report for claims processing. Without it, they may be less willing to accept your claim or provide full compensation.

So, if you cannot call the police after an accident, take other steps to protect yourself. And gather information, collect witness statements, take photos, and seek medical attention. In fact, consult a personal injury attorney for guidance on handling insurance claims and potential legal implications.

And remember, calling the police after an accident is important to comply with the law and ensure that all necessary information is documented properly.

Texas: a no-fault accident state?

Texas operates under a fault-based system for car accidents, meaning fault must be determined to establish liability. Unlike no-fault states, where each party’s insurance covers their own expenses, the at-fault party compensates the other party’s losses in Texas. 

In fact, the at-fault driver’s insurance company typically covers medical expenses, property damage, lost wages, and pain and suffering up to policy limits. Determining fault is done through insurance claims or legal proceedings, considering evidence and witness statements.

Therefore, Texas drivers must carry auto insurance, meeting minimum liability coverage requirements. If you’re involved in a Texas car accident, consult a personal injury attorney for guidance on your rights and navigating the claims process to ensure fair compensation based on fault.

Statute of limitations: How long can you claim an accident in Texas?

In Texas, you have two years from the date of a car accident to file a legal claim for personal injury and seek compensation.

And this time limit is known as the statute of limitations. You may lose your right to pursue legal action if you miss this deadline.

So, consulting with a personal injury attorney soon after the accident is crucial to understand your case’s specific requirements and deadlines.

But some exceptions may apply in certain situations, such as accidents involving a government entity or injuries that are not immediately apparent.

In fact, a car accident lawyer can guide you through the legal process, gather evidence, and ensure you meet all necessary deadlines to protect your rights.

Texas’s statute of limitations on lawsuit filings

In Texas, the time limit for filing a lawsuit, known as the statute of limitations, varies depending on the type of claim. Here are some examples:

• Personal injury: You generally have two years from the incident to file a lawsuit for personal injury, such as a car accident caused by negligence.
• Property damage: You also have two years to file a lawsuit for property damage resulting from an accident.
• Breach of contract: If there’s a breach of contract, you typically have four years to file a lawsuit.
• Medical malpractice: The statute of limitations for medical malpractice cases is two years from the negligent act or from when the injury should have been discovered, with a maximum of 10 years from the act.
• Wrongful death: You have two years from the date of a person’s death to file a lawsuit seeking compensation.

But it’s important to consult with a personal injury attorney to understand your case’s statute of limitations.

And failing to file within the time limit can result in losing your right to seek compensation through legal action.

So promptly contacting an attorney helps protect your rights and ensures you take the necessary legal actions within the specified timeframe.

Things to do in Houston following a car accident

Experiencing a car accident in Houston, Texas, can be overwhelming, but taking immediate action is crucial to stay safe and protect your rights. Here are the steps to follow:

• Ensure safety: Move your vehicle to a safe location and turn on hazard lights.
• Check for injuries: Assess yourself and your passengers for injuries, calling 911 if needed.
• Call the police: Report the accident to the police, regardless of the severity.
• Exchange information: Contact, insurance, and vehicle information should be shared with the other parties. Gather information from witnesses too.
• Document the accident: Take photos or videos of the accident scene, including vehicle positions and damages.
• Limit discussion: Avoid discussing the accident’s details with others, especially admitting fault.
• Notify your insurance company: Report the accident promptly and provide accurate information.
• Seek medical attention: Even for minor injuries, it’s important to get evaluated by a healthcare professional.
• Consult with an attorney: If you have significant injuries or face disputes, seek advice from a personal injury attorney.

And remember, these steps serve as general guidelines for handling a car accident in Houston. Prioritize safety, follow local laws, and act responsibly. By taking these actions, you can ensure your well-being, gather necessary information, and navigate insurance claims or potential legal proceedings more effectively.

Injuries in pedestrian accidents

Pedestrian accidents can lead to a range of injuries that vary in severity. Common injuries include:

• Fractures and broken bones, often in the limbs, pelvis, ribs, or spine.
• Head and traumatic brain injuries (TBIs) can long-term affect cognitive function and motor skills.
• Spinal cord injuries, potentially resulting in paralysis or loss of sensation.
• Soft tissue injuries like bruises, sprains, strains, and whiplash.
• Internal injuries, including damage to organs or internal bleeding.
• Cuts, lacerations, and abrasions from contact with the vehicle or surrounding objects.
• Emotional and psychological trauma, such as PTSD, anxiety, or depression.

The severity of injuries depends on factors like vehicle speed, point of impact, and the pedestrian’s overall health. In some cases, pedestrian accidents can be fatal.

So, if you or someone you know is involved in a pedestrian accident, seek immediate medical attention, even for minor injuries.

And it’s also wise to consult with a personal injury attorney to understand your legal rights and pursue compensation for medical expenses, pain and suffering, and other damages caused by the accident.

Pedestrians that are most at risk for serious injury

Certain groups of pedestrians are more vulnerable to serious injuries in motor vehicle accidents. These groups include:

• Children: Due to their smaller size, limited awareness, and difficulty judging vehicle speeds, children are at higher risk. So, adults should supervise them near roadways and teach them about pedestrian safety.
• Older adults: Factors such as decreased mobility and slower reaction times make elderly individuals more susceptible. And extra caution is needed when crossing roads or navigating high-traffic areas.
• Individuals with disabilities: Mobility challenges, visual impairments, or cognitive limitations can affect their ability to navigate safely. Therefore, accommodations and accessible infrastructure are essential to reducing their accident risk.
• Urban residents: Higher traffic density, crowded intersections, and higher speeds increase pedestrian risk in urban areas. Distracted driving and congestion contribute to this heightened risk.
• Alcohol-impaired pedestrians: Alcohol or drug impairment affects judgment, coordination, and reaction times, making it harder to navigate safely near roadways.
• Low-income communities: Inadequate pedestrian infrastructure, poor lighting, and limited safe crossing options can lead to higher accident rates in these communities.

Therefore, improving pedestrian safety requires a combination of factors, such as better infrastructure, public education, traffic law enforcement, and responsible driving.

And regardless of demographics, all pedestrians should prioritize safety by following rules. For example, using crosswalks, being aware of their surroundings, and drivers should exercise caution and attentiveness toward pedestrians to prevent accidents and minimize injuries.

Most Common Cause of Injury to Pedestrians

One of the most common causes of a pedestrian accident is driver negligence. Here are some key factors:

• Distracted driving: Drivers not paying attention to the road due to activities like texting or talking on the phone.
• Failure to yield: Drivers not giving pedestrians enough time and space to cross safely at crosswalks or intersections.
• Speeding: Drivers exceed the speed limit, making it harder to stop quickly and causing more severe injuries in accidents.
• Reckless driving: Aggressive behaviors and disregard for traffic rules, putting pedestrians at risk.
• Impaired driving: Drivers under the influence of alcohol or drugs, leading to impaired judgment, coordination, and reaction times.
• Failure to obey traffic signals: Drivers not stopping at stop signs, red lights, or pedestrian crosswalk signals.
• Inadequate visibility: Poor lighting, bad weather, or obstructed views make it harder for drivers to see pedestrians.
• Backing up accidents: Drivers not checking their surroundings when backing up, particularly in parking lots and driveways.

While negligent drivers are a significant factor, accidents involving pedestrians also affect their safety. They should follow traffic laws, use crosswalks, pay attention, and avoid distractions.

And to prevent pedestrian injuries, drivers and pedestrians must prioritize safety, follow traffic laws, and remain vigilant.

Also, public awareness, education, and traffic law enforcement can contribute to safer road environments for pedestrians and reduce accidents caused by driver negligence.

Role of a Lawyer in a Pedestrian Accident in Houston

An expert Houston pedestrian accident attorney in a law firm in a pedestrian accident case can help you in several ways:

1. They provide legal representation, investigate the accident, determine who is at fault, negotiate with insurance companies, and offer expert advice and guidance. You can check on this on their case results and testimonials.
2. And they handle the legal complexities, giving you peace of mind to focus on your recovery. Their support increases your chances of receiving fair compensation for injuries and damages.

And to conclude, knowing what to do if you’re involved in a pedestrian accident in Houston is important.

So, get medical help, report the incident, gather information, and consider consulting a pedestrian accident lawyer in Houston.

Therefore, taking these steps protects your rights and well-being. So stay safe and proactive in protecting your interests. And contact us today for a free consultation.

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