How Can We Assist Houston Pedestrian Accident Victims?

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If you’re a pedestrian who’s been injured in a motor vehicle accident, this situation is even more frightening since you were unprotected during the collision. At Simmons & Fletcher, our skilled and compassionate attorneys have the experience and resources to take on your pedestrian accident claim and fight for your rights. We’ll handle case investigation, insurance negotiation, and court representation so that you can rest and recover from your injuries. Meanwhile, our experienced personal injury lawyers will work diligently to get you the compensation that you deserve.

Contact our team today to speak with an empathetic and knowledgeable personal injury attorney. We’re looking forward to hearing your story.

Pedestrian Accident Statistics. According to the GHSA, the number of pedestrian fatalities continues to rise, with 2022 marking the highest number of pedestrian deaths (7,508) since 1981 in the United States. In Texas that year alone, there were 834 pedestrian traffic fatalities, This represents approximately 11% of the U.S. total.

What Are the Common Causes of Pedestrian Accidents in Houston?

The most common causes of these pedestrian accidents include:

Distracted driving;
Speeding;
Failure to yield;
Poor road conditions;
Intoxicated or driving under the influence.

(Not actual clients.)

What Are the Common Injuries in Pedestrian Accidents?

pedestrian accident caution sign When an unprotected pedestrian is hit by a careless driver, the results can be catastrophic. That’s why the team of personal injury lawyers at Simmons & Fletcher are passionate about serving our clients and making sure their voice is heard. Our pedestrian accident lawyers have years of experience in these claims and have seen firsthand many of the most common types of pedestrian accident injuries, including:

What Steps Should I Take If Injured in a Pedestrian Accident?

If you’ve been injured in a pedestrian accident, your top priority should be your safety and well-being. Get yourself to a safe location and assess whether you need medical care. If you do, seek medical attention immediately by calling 911. Then, follow these steps after a pedestrian accident:

Call the police and file a police report;
Take pictures of the accident scene;
Talk to any witnesses and gather their contact information;
Exchange contact and insurance information with the driver;
Report your accident to your insurance company, but don’t admit fault;
Contact an experienced pedestrian accident lawyer in Houston, TX.

How Long Should I Expect for a Pedestrian Accident Claim Settlement?

The specifics of your case may affect the amount of time it takes to settle your claim and receive any potential compensation. Various factors influence the timeline of a pedestrian accident claim, including the severity of your injuries, the complexity of the case, the speed and cooperation of insurance companies, the details of the settlement process, and the clarity of liability in your claim.

Additionally, personal injury settlements are often delayed until the injured party reaches their maximum medical improvement. This general rule allows for lawyers, insurance companies, and other involved parties to assess the total value of the medical costs and damages that you may be owed.

What are right-of-way laws? Right-of-way laws govern when a pedestrian has the right of way in Texas. They are a set of traffic rules that aim to protect all parties by mandating how pedestrians and motor vehicles must interact with one another. If these mandates are followed, then everyone’s safety can be equally protected. See our Frequently Asked Questions at the bottom of the page to learn who has the right of way at different times.

What Is the Duty of Care Owed to Pedestrians?

Although pedestrians have a certain responsibility to follow the rules of the road, the most crucial road safety responsibilities fall to drivers. Drivers of cars, motorcycles, trucks, and other motor vehicles owe a vital duty of care to pedestrians since their vehicles can do so much damage to those traveling on foot.

To protect pedestrian safety, Texas Transportation Code §552.002 mandates that drivers yield the right of way to pedestrians who are crossing the road in concordance with a walk signal. Additional Texas laws make it the driver’s responsibility to obey traffic signals and drive attentively without avoidable distractions or impairments.

A driver’s failure to follow any traffic law can cause catastrophic pedestrian accidents and injuries. If the accident is shown to be a result of the driver’s negligence, then they may be found to carry the legal liability for any and all damages inflicted on the injured party.

What Compensation Is Available for Pedestrian Accident Victims?

Every personal injury claim is different, so it’s impossible to say exactly how much money your pedestrian accident case is worth. However, we can say that pedestrian accidents often result in substantial financial rewards to the pedestrian since they were unprotected during the accident and may have sustained serious injuries such as broken bones, spinal cord fractures, or even a traumatic brain injury (TBI).

The amount of compensation you may be entitled to depends on the extent of the damages you’ve suffered. We believe that you deserve just compensation for the physical, mental, and emotional harm caused by a driver’s recklessness and negligence, and we’re here to help you uphold your legal rights and win back your damages in court. Here are just some of the types of pedestrian accident compensation you may receive in your case:

Medical expenses, both past and future;
Lost wages;
Pain and suffering;
Diminished quality of life;
Wrongful death (in the case that your family member or loved one was killed by a negligent driver).

What Is the Procedure for Obtaining Financial Compensation After an Accident?

After a pedestrian accident, your first priority should be resting and looking after your own well-being. If your accident was caused by another person’s negligence, however, you may want to reach out to a personal injury lawyer who can help you take the first steps toward compensation.

To receive compensation after a pedestrian accident, you must do the following:

File a personal injury claim before the two-year statute of limitations expires;
Gather evidence to prove the driver’s negligence in this case;
Negotiate with insurance companies who may try to convince you to take a lower offer than you deserve;
Take your trial to court if a just settlement cannot be reached in a timely manner.

Fortunately, you can have empathetic and effective legal representation to support you through every step of this financial recovery process. If you work with our passionate and proactive team at Simmons & Fletcher, our pedestrian accident attorneys will do everything they can on your behalf—from filing a claim to evidence gathering to insurance negotiation. We have the knowledge and experience, plus the personal injury case results, to back it up.

Contact our law firm today for a free consultation and to learn your options for proceeding with your claim.

FAQ's

When Must Vehicles Yield to Pedestrians

Vehicles must yield to pedestrians when:

Pedestrians are crossing in a crosswalk, even when the driver is allowed to make a turn.
The driver is pulling out of or into a driveway or alley.
Another driver has stopped for a pedestrian crossing the street.

For example, let’s say that a pedestrian is crossing at a four-way intersection. They have a walk sign on the street they are attempting to cross, which is also the street that an incoming truck wants to turn right onto. Even if the truck has a green light, its driver must yield to the pedestrian.

When Must Pedestrians Yield to Vehicles?

Under Texas law, pedestrians must yield to vehicles when:

Crossing away from or outside of a crosswalk.
Signage or traffic controls are instructing them not to cross.
Crossing between two adjacent signalized intersections (unless walking in a marked crosswalk).
Crossing diagonally across an intersection (unless traffic controls authorize them to do so).
Crossing a high-speed roadway (except at an overpass or underpass).

If a pedestrian is approaching a crosswalk at a signalized traffic intersection and the pedestrian traffic signal shows a red hand, this symbol indicates that the pedestrian does not have the right of way and must yield to a car, motorcycle, or other vehicle despite the fact that they are at a crosswalk.