Legal Options After a Pedestrian Accident in Houston
In 2022, the Texas Department of Transportation reported that 109 pedestrians lost their lives after being struck by vehicles in Houston. Although this tragic number decreased by 13% in 2023, with 95 pedestrian fatalities, the number of serious injuries unfortunately rose, climbing from 203 in 2022 to 228 in 2023.
#1 Seek Immediate Medical Attention
#2 Report the Accident
Contacting the police after a pedestrian accident is crucial. The police report they create will document the details of the incident and serve as an official record, which is indispensable for any legal or insurance claims you may need to file later.
When the officers arrive at the scene, provide them with as much detailed information as possible. This includes a clear description of how the accident occurred, the driver’s details such as name, contact information, and insurance details, as well as any observations you made, like whether the driver was speeding or appeared distracted. If there are witnesses, make sure their statements are included in the report, as independent accounts can strongly support your version of events.
#3 Gather Evidence
Collecting evidence at the scene can significantly strengthen your case and provide crucial support for your claims. Begin by taking clear, detailed photographs of the accident scene from multiple angles. Capture any visible damage to vehicles involved, as well as the condition of the road, including any hazards or obstacles that may have contributed to the accident. Photographing traffic signals, road signs, and markings can also help establish the context of the accident, such as whether traffic lights or signs were functioning properly.
Additionally, document your own injuries with photos, as this visual evidence can illustrate the severity and impact of your injuries. If there are witnesses present, obtain their contact information and ask for their accounts of the incident. Witness statements can provide unbiased perspectives that support your version of events.
Collecting this evidence as soon as possible helps create a comprehensive record of the accident, which is invaluable for proving liability, assessing the extent of your injuries, and building a strong case for compensation. In the absence of this evidence, proving the specifics of the accident and your damages can become more challenging.
#4 Understand Liability in Pedestrian Accidents
In Texas, determining liability in a pedestrian accident revolves around the concept of negligence. This means assessing whether the driver acted in a way that breached their duty to operate their vehicle safely. If the driver was distracted by a phone, speeding, running a red light, or otherwise violating traffic laws, they may be held responsible for the accident.
However, Texas follows a “comparative negligence” rule, which introduces a layer of complexity. This rule allows for the allocation of fault among all parties involved in the accident. For example, if it’s determined that you were jaywalking or crossing outside of a designated crosswalk, you might be found partially responsible for the incident. In such cases, your compensation could be reduced proportionally based on your degree of fault.
Understanding how comparative negligence works is crucial, as it impacts the amount of compensation you can receive. An attorney can help clarify how these rules apply to your specific case, evaluate the extent of your liability, and advocate for a fair adjustment to your claim based on the total circumstances of the accident.
#5 File an Insurance Claim
Throughout the process, be prepared to negotiate with the insurance adjuster, who may attempt to offer a lower settlement than what you deserve. Insurance companies are often focused on minimizing their financial liability, which can lead them to undervalue your claim.
During this process, having legal representation can be quite beneficial. An experienced attorney can handle negotiations on your behalf, ensuring that all your expenses, including medical bills, lost wages, and pain and suffering, are fairly considered. They can also advise you on whether an offer is reasonable or if further negotiations or legal action might be necessary. By working with an attorney, you increase the likelihood of receiving a fair settlement that accurately reflects the full extent of your damages and losses.
The Role of a Houston Pedestrian Accident Attorney
It can be quite difficult to handle the legal fallout after a pedestrian collision. By managing discussions with insurance companies, obtaining proof, and, if required, defending you in court, an attorney can offer priceless assistance. Their experience might greatly improve your chances of getting paid fairly.
Handling Insurance Company Negotiations
Dealing with insurance companies can be daunting. They often aim to minimize the compensation you receive. A pedestrian accident attorney, like those at Roxell Richards Injury Law Firm, can handle these negotiations on your behalf. They understand the tactics insurers use and can advocate for a fair settlement that covers your medical expenses, lost wages, and other damages.
Gathering Critical Evidence
Representing You in Court
Providing Legal Guidance and Support
Maximizing Your Compensation
Knowledge of Texas Laws
Pedestrian accident laws in Texas can be complex. An attorney familiar with local laws, like those at Roxell Richards Injury Law Firm, will ensure that your case is handled in accordance with state regulations. Their wide experience and knowledge in Texas law can make a significant difference in the outcome of your case.
Moving Forward After a Pedestrian Accident
Let Roxell Richards Fight for Your Rights
If you’ve been involved in a pedestrian accident in Houston, you don’t have to go through the aftermath alone. Protect your rights and secure the compensation you deserve by consulting with an experienced attorney. Roxell Richards Injury Law Firm is here to help you through every step of the legal process.
Contact Us Today:
Fax: (713) 974-0003