Conroe Pedestrian Accident Attorney
Texas Pedestrian Accident Claims
A person on foot has essentially no protection against oncoming vehicles. Because of this, motorists are required to yield the right-of-way to pedestrians and avoid causing accidents whenever possible. While pedestrians are also expected to obey traffic laws and yield to vehicles when necessary, motorists shoulder a majority of the burden in preventing collisions, as the damage experienced by each party in a pedestrian accident is not equal.
When a person is hit by a car, truck, motorcycle, bicycle, or any other vehicle, they are likely to experience significant injuries including, in the most tragic cases, fatal injuries. In many cases, injured pedestrians or the families of those who die in pedestrian accidents are entitled to legal compensation for their losses. If you believe someone else’s negligence caused your injuries or the death of your loved one, reach out to Scott Law Firm today to learn how our personal injury lawyers can help you with your pedestrian accident claim.
Who Is Liable for Pedestrian Accidents?
Many people have heard the phrase, “pedestrians always have the right-of-way.” While motorists are required to take proper precautions, follow the law, and do everything possible to avoid hitting a person on foot, there are some circumstances in which a pedestrian must yield to oncoming vehicles.
When does the pedestrian have the right-of-way?
- When crossing an intersection on a green light or a “walk” sign (with or without a crosswalk)
- When in a crosswalk
- When crossing a driveway, alley, or private road entrance on a sidewalk
In most other circumstances, including any time a pedestrian is crossing a road outside of a marked crosswalk or unmarked crosswalk (meaning anywhere other than an intersection), the pedestrian should yield the right-of-way to vehicles.
When a motorist fails to yield to pedestrians where he or she should, that motorist can be held legally liable for any damages the pedestrian suffers due to the collision. However, motorists are not the only potentially liable party. If a pedestrian is injured due to a defective condition, such as an unsafe sidewalk or a faulty traffic control device, the manufacturer or entity responsible for maintenance could be liable.
How Comparative Fault Could Affect Your Case
In many cases, fault is not black and white. It is relatively common for multiple parties involved in an accident to share some degree of blame. The state of Texas recognizes this and has laws in place to handle cases involving shared fault.
Texas follows a rule of modified comparative negligence. This means that you can still file a claim and seek compensation for your damages if you were partially to blame for the accident, but only if you are found to be less than 51% at fault. Essentially, you must prove that the other person/party is more at fault for the accident than you to recover compensation. Additionally, if you are found to share some of the blame for the accident, your total recovery will be reduced in proportion to your at-fault percentage.
For example, imagine you were hit by a distracted driver who was speeding and texting when he hit you crossing the street. But you were crossing a busy street outside of an intersection, meaning you did not have a crosswalk or walk signal. By law, you were required to yield to oncoming vehicles, but the driver was clearly being negligent. In such a case, a jury might decide you were 40% to blame for the accident because you failed to yield the right-of-way, but the driver was 60% at fault because he was not only breaking the law but was also violating his duty of care to you by failing to take reasonable measures to prevent an accident. If you suffered $100,000 in damages—including your medical bills, lost wages, future medical care costs and lost earnings, pain and suffering, etc.—you would only be able to collect up to 60% of that total amount, or $60,000, as the recovery will be reduced by your at-fault percentage of 40%.
Common Injuries & Damages in Pedestrian Accident Claims
As previously mentioned, pedestrians often sustain catastrophic injuries when they are hit by large, heavy, fast-moving vehicles.
Common pedestrian accident injuries include:
- Brain injuries
- Broken bones
- Internal injuries
- Serious lacerations
- Soft tissue damage
- Spine injuries
These and other serious injuries have incredibly damaging, long-lasting effects, often resulting in partial or total temporary or permanent disability. This means extensive medical treatment and ongoing care, time off work, and immense physical and emotional pain and suffering.
At Scott Law Firm, we fight to recover maximum compensation for our clients to help them with damages such as:
- Ambulance and hospital fees
- Lost income/wages
- Future medical care costs
- Medical equipment (wheelchairs, medical devices, etc.)
- Medical bills for treatments and ongoing care
- Anxiety, depression, post-traumatic stress disorder, etc.
- Lost employment benefits (pensions, retirement savings, etc.)
- Future lost earnings and benefits
- Lost or reduced earning ability
- Pain and suffering
- Counseling services
If your loved one died as a result of his or her injuries, we can also assist you in filing a wrongful death claim and seeking compensation for damages such as medical costs incurred prior to death, funeral/burial expenses, lost income, and loss of love, companionship, support, guidance, etc.
Statute of Limitations for Texas Pedestrian Accident Claims
It is important to keep in mind that pedestrian accident lawsuits in Texas are subject to a legal deadline known as a "statute of limitations." In other words, you only have a finite amount of time to pursue a lawsuit against the driver that hit you.
Under Texas Civil Practice & Remedies Code section 16.003, any claim for injury to a pedestrian must be filed within two years of the date of the accident. Even if you're confident your case will be resolved in the form of an insurance settlement, it's always a good idea to get an attorney involved early and leave yourself plenty of time to file a lawsuit if you need to. This will help give you more leverage from a settlement negotiation strategy standpoint and keep your legal options open.
Learn More—Contact Scott Law Firm Today
Our Conroe pedestrian accident lawyers are ready to aggressively advocate for you. We proudly serve clients throughout the Greater Houston Area, including residents of The Woodlands and all of Montgomery County. We know the challenges you are facing, and we know how to help you overcome them. Let us handle the details of your case so that you can focus on healing and getting back on your feet.
Call (936) 243-4299 to request a free consultation. There are no attorneys’ fees unless we recover compensation for you.
“I will for sure recommend this law firm because everyone is loyal and trustworthy people.”- Amanda S.
“I cannot emphasize enough the true caring that you will receive from Mr. Scott, Miriam, Morgan, and all his team.”- Martins B.
“5 star!!! All the way. Patrick Scott and his team are amazing.”- Ron R.