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Legal Options After a Pedestrian Accident in Houston

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“No matter how big or small your injury is, we are committed to fighting justice the same” – Atty. Roxell Richards

Roxell Richards

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.

Pedestrian accidents can be traumatic and life-changing events. If you or someone you know has been involved in such an incident in Houston, understanding your pedestrian accident legal options Houston is crucial. This guide will walk you through the steps you can take to protect your rights and seek the compensation you deserve.

#1 Seek Immediate Medical Attention

Crossing guard assisting an injured person lying on the road after a pedestrian accident, emphasizing the need for immediate medical attention
Following a pedestrian collision, your primary concern should be your health and safety. It’s critical to get medical help as soon as possible, even if you think your wounds are small.  Some injuries, such as concussions, internal bleeding, or soft tissue damage, may not be immediately apparent but could have long-term effects if left untreated.
Getting an early diagnosis and treatment helps prevent complications and supports a faster recovery.  Additionally, prompt medical attention creates an official record of your injuries, which will be crucial if you decide to pursue legal action. Medical records from your visit will document the extent of your injuries, link them directly to the accident, and serve as key evidence when seeking compensation for medical expenses, lost wages, and pain and suffering.

#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.

The police report not only establishes a factual timeline but also helps prevent disputes over what happened, making it a key piece of evidence if you choose to file a claim. Furthermore, having an official report ensures that all aspects of the incident are recorded objectively, which can be critical in proving liability and securing the compensation you deserve.

#3 Gather Evidence

Police officer taking notes from a witness at an accident scene with damaged vehicles in the background, gathering crucial evidence for a case

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

Close-up of hands signing an insurance claim form, highlighting the importance of filing claims after an accident to seek compensation for damages
After the accident, filing a claim with the driver’s insurance company is a critical step in seeking compensation for your injuries and damages. Start by notifying the insurer as soon as possible to initiate the claims process. Provide them with the necessary documentation, including the police report, medical records, and evidence of damages.

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.

It can be quite difficult to handle the legal fallout after a pedestrian collision. A knowledgeable lawyer can guarantee that your rights are upheld and that you get the money you are entitled to, among other important services. Here’s how a lawyer can help you:

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

Building a strong case requires solid evidence. An experienced attorney will collect and analyze crucial information such as police reports, medical records, witness statements, and accident scene photos. Roxell Richards Injury Law Firm’s team knows what evidence is necessary to prove liability and will ensure nothing is overlooked.

Representing You in Court

Attorney discussing legal strategy with a client, preparing for court representation to ensure the best possible outcome in an accident case
If negotiations with the insurance company don’t result in a fair settlement, your case may need to go to court. Having an attorney represent you is essential in this situation. Roxell Richards Injury Law Firm has extensive experience in courtroom litigation, and their attorneys will present a compelling case on your behalf, aiming to secure the best possible outcome.

Providing Legal Guidance and Support

The legal process can be confusing and stressful, especially when dealing with injuries. An attorney will guide you through each step, explaining your options and what to expect. Roxell Richards Injury Law Firm offers compassionate and personalized legal support, helping you make informed decisions throughout your case.

Maximizing Your Compensation

Approved insurance claim form on a desk with a pen, emphasizing the goal of securing maximum compensation for accident-related expenses and losses
An attorney’s primary goal is to ensure you receive the full compensation you’re entitled to. This includes not only covering immediate expenses like medical bills but also considering long-term impacts such as ongoing medical care, rehabilitation, and emotional distress. The attorneys at Roxell Richards Injury Law Firm will work tirelessly to maximize your compensation, taking all factors into account.

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.

Working with a knowledgeable attorney is crucial after a pedestrian accident in Houston. Roxell Richards Injury Law Firm offers comprehensive legal services that can help you navigate the complexities of your case, negotiate with insurance companies, and represent you in court if necessary. Their dedication to protecting your rights and securing fair compensation makes them an invaluable ally during this challenging time.

Moving Forward After a Pedestrian Accident

A pedestrian accident can have severe physical, emotional, and financial impacts. Understanding your legal options is essential for recovering the compensation you deserve. Whether it’s negotiating with insurance companies or pursuing a personal injury lawsuit, taking the right steps after the accident can make all the difference. If you’ve been involved in a pedestrian accident in Houston, consulting with a knowledgeable attorney is a crucial step in protecting your rights and securing your future.
Smiling Attorney Roxell Richards, seated at a desk while shaking hands with client, ready to assist clients in need of justice

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:

Roxell Richards Injury Law Firm
6420 Richmond Ave. Ste. #135
Houston, TX 77057
Phone: (713) 974-0388

Fax: (713) 974-0003

Let us fight for you so you can focus on your recovery.
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