Houston Pedestrian Accident Lawyer
In the blink of an eye, your life can change dramatically. Every year on Texas roads, pedestrians are struck down by careless or distracted drivers. What started as a pleasant stroll or quick walk home from school can quickly spiral into a nightmare.
Numbers from the Texas Department of Transportation found that in 2018, there were 621 pedestrian fatalities in the state, an increase from 2017. Statistics from the National Highway Traffic Safety Administration show that in 2017, a pedestrian was killed, on average, every 88 minutes. For those lucky enough to survive being hit by a car, they may face severe injuries, steep medical bills, and a lifelong recovery process.
Unfortunately, a pedestrian accident doesn’t just impact the victim’s physical health, it can derail their entire financial future. Should one moment of carelessness ruin a victim’s entire life? At Gibson Hill Personal Injury, we don’t think so.
Our team of experienced personal injury lawyers has the knowledge and resources it takes to investigate your accident, examine the evidence, build a strong case, and fight for the fair compensation you’re owed. We even offer victims a free case review. Call our Houston office today at (713) 659-4000 to schedule a consultation.
Common Causes of Pedestrian Accidents
There are a variety of reasons that pedestrians can quickly turn into victims. Reckless or negligent drivers who are not paying attention to their surroundings may miss seeing a pedestrian until it is too late. Unfortunately, drivers may even ignore the rules of the road and fail to yield to pedestrians when they have the right of way. Although the circumstances may differ, the results are often traumatic and even deadly for the pedestrian caught in the path of a 3,000-pound vehicle.
These are some of the common causes of pedestrian accidents on our roadways:
- Distracted Driving – Cell phones, texting, eating, grooming, navigation systems, even loud music, these things are all distractions that can take a driver’s eyes off the road long enough to miss a pedestrian crossing the street or walking on the side of the road.
- Unsafe Roadway Conditions – Bad weather, poor visibility, and poor lighting conditions, such as at dusk or late evening, can contribute to pedestrian accidents.
- School Zones – The National Highway Traffic Safety Administration finds that almost 19 percent of pedestrian fatalities involved children 14 years old and younger. School zones are filled with children walking to and from school; they can be dangerous places when drivers are not paying attention to their surroundings.
- Construction Zones – Drivers not using caution, slowing down, and heeding construction warning signs and speed limits can veer off course and hit workers along the road. The National Work Zone Safety Information Clearinghouse calculates that, in 2017, there were 129 fatal crashes involving pedestrians in work zones and 132 worker fatalities.
- Reckless Driving – Excessive speeding, sudden lane changes, running red lights – any type of reckless driving behavior can spell disaster for an unsuspecting pedestrian.
- Left-Hand Turns – Drivers making left-hand turns may be more prone to striking pedestrians. Studies have indicated that drivers making right-hand turns tend to be more vigilant in watching the intersection, other drivers, and crossing pedestrians. Drivers turning left may not pay as much attention to their surroundings.
- Intoxication – Drivers driving under the influence of drugs or alcohol are less vigilant in watching for pedestrians, and slower to react when they see a pedestrian in their path.
- Speeding– Speeding drivers have less time to react when they see a pedestrian in their path, or they may fail to notice the pedestrian at all.
Injuries from Pedestrian Accidents
There are no two ways about it, pedestrian injuries can be severe and extreme. A pedestrian out on a walk doesn’t stand much of a chance when a 3,000-pound vehicle comes barreling down upon them. Pedestrian accidents can often be fatal. Those who do survive can be left with traumatic injuries that forever change their lives.
Some of the common injuries that can result from a car versus pedestrian accident include:
- Limb amputation
- Fractured bones
- Traumatic brain injury
- Head, neck, and spine injuries
- Soft tissue damage
- Internal injuries
- Wrongful death
The more severe the injury, the more expensive medical bills may be. Lengthy hospital stays are only a small part of the equation. Follow up doctor’s visits, surgeries, prescriptions, and months, if not years, of potential physical and rehabilitation therapy can add up. These bills are enough to financially cripple most American’s, leaving them in debt and their financial stability in jeopardy.
Costs can also skyrocket when you take into consideration the significant and life-altering changes that can be brought on by a serious pedestrian accident. People who suffer traumatic brain injuries, paralysis, or the loss of a limb may have to alter their homes to accommodate their new situation. A victim may also be in need of long-term care or home health assistance.
At Gibson Hill Personal Injury, we firmly believe that a victim should not be financially ruined because of the actions of a negligent or reckless driver. Our team allows victims to focus on their physical and emotional recovery from this traumatic event, while we focus on fighting for their rights and securing them the compensation they need and deserve.
Damages You May Be Compensated for After a Pedestrian Accident
Not every pedestrian accident happens the same way or under the same set of circumstances. An experienced attorney will always carefully examine the facts and the evidence in a case before assigning a dollar amount to an accident injury case. There are a number of different factors that can go into determining how damages are awarded to victims in the state of Texas.
Texas is what is known as a “modified comparative fault” state when it comes to vehicle accidents. In a modified comparative fault state, a jury will need to take into consideration two main factors when determining how to award damages: the total dollar amount of the damages, and what percentage of the fault lies with each party.
Consider this example: a pedestrian is not properly using a designated crosswalk when a reckless and speeding driver slams into them. In Texas, a jury may find that the victim is 30 percent at fault for the accident because they were not properly using the crosswalk. The driver of the vehicle is then found to be 70 percent responsible for causing the accident because they were speeding and driving recklessly. In this scenario, the victim would be entitled to the full amount of damages, minus 30 percent.
In Texas, if you are found to be more than 50 percent at fault for causing an accident, you will not be able to recover any financial damages.
If you or a loved one has been the victim of a pedestrian accident, there are a variety of damages you may be entitled to. Here is a list of common forms of compensation you may be able to recover following a serious accident:
- Current medical bills
- Future medical bills related to the accident
- Loss of income
- Loss of future earning capacity
- Property damage
- Physical impairment or disability
- Pain and suffering
It is important to note that, in Texas, there is a time limit for filing a personal injury claim. The state only gives you two years from the date of the accident to seek legal recourse. At Gibson Hill Personal Injury, we know that you are overwhelmed and physically suffering following your pedestrian accident. You need time to process what has happened and figure out what your best move is going to be. Unfortunately, the state doesn’t give you unlimited time to weigh your options. Getting an attorney on your side quickly means that they will be able to secure crucial evidence before it’s lost or destroyed.
The compassionate legal team at Gibson Hill Personal Injury will fight to protect your rights. You are facing enough pressure as it is right now, we don’t want to put more pressure on your shoulders. That’s why we offer a free case review. To schedule a consultation, call our Houston office at (713) 659-4000.
How Gibson Hill Personal Injury Can Help Following a Pedestrian Accident
The Houston personal injury attorneys at Gibson Hill Personal Injury want to help you get what you’re owed following an accident with a negligent or reckless driver. Our main priority is to fight for the compensation you deserve, while taking the stress and anxiety of the legal process off your shoulders. Take the first step toward fighting for your rights and regaining your financial stability. Call our office at (713) 659-4000 to schedule a free, no-obligation case review.