According to the Centers for Disease Control and Prevention (CDC), pedestrians involved in an accident are more than 1.5 times more likely to be killed than the people in the car. If not killed by the impact of the vehicle, pedestrians suffer from significant injuries from the impact of the car on their bodies. If you or a loved one has been the victim of a pedestrian accident, you could hold the other party responsible for what happened.
Contact D. Miller & Associates, PLLC™ at (713) 850-8600 for a consultation to speak with a member of our team. We can answer any questions that you may have about the legal process. You do not have to go through this time alone.
Types of Pedestrian Accidents
Not all pedestrian accidents are the same. There are different types of pedestrian accidents possible:
- Distracted driving
- Drunk driving
- Not coming to a complete stop at a red light at an intersection
- Not crossing at a marked crosswalk
- Texting and using mobile devices
These are just some of the types of pedestrian accidents that can occur. If you or a loved one has been involved in a pedestrian accident that is not included on this list, it does not mean that you are unable to seek damages related to your injuries. There are many ways that pedestrians suffer harm by cars that it would be impossible to list them all on one list.
Steps You Can Take After a Pedestrian Accident
If you have been involved in a pedestrian accident, the most important thing you can do is go to the hospital to seek immediate medical treatment if you have not already. Your well-being and health are the most important things. Before you do anything else, it is important to seek medical treatment you need. Even if you feel that you have not been injured in the pedestrian accident, many injuries cannot be seen by the naked eye. This is why it is imperative for you to seek professional medical treatment immediately to ensure that you have the best possible chance of a full recovery.
If you or a loved one are able to, it is a good idea to document the scene with your smartphone. If you are unable to do so, it is okay. It is possible that other people who witnessed the accident will create footage that can be used in your case down the line. The large number of businesses using surveillance cameras also means that there are other methods to get a video of the accident.
After becoming stabilized at the hospital or once you are home, many victims of pedestrian accidents choose to take legal action against the vehicle responsible. While you can file the legal motions on your own, many victims find it advantageous to work with a pedestrian accident lawyer who can represent them on their behalf. This means that while you focus on your recovery and ongoing medical treatments, including physical therapy and occupational therapy, your lawyer can move your case forward to work towards getting you recovery. The sooner that you are able to start the process, the sooner that you are able to potentially receive damages to pay for the bills that may be mounting.
Common Causes of Pedestrian Accidents
According to the National Highway Traffic Safety Administration (NHTSA), sometimes pedestrian accidents occur when pedestrians are not crossing at signals or in well-lit areas. Sometimes drivers do not see pedestrians, even when those walking assume that they do. Very few pedestrian accidents are caused by a driver intentionally hitting someone. However, many more accidents are caused by negligence and distraction on behalf of the driver.
Possible Recoverable Damages
While there are no guarantees about what kind of damages that you may receive as a result of filing a personal injury case against the party responsible for your pedestrian accident, your lawyer can give you some idea of what similar cases received. Some examples of possible recoverable damages include:
- Hospital bills
- Funeral expenses
- Ongoing medical treatment by specialists, including orthopedics
- Durable medical equipment
- Care by in home care aides
- Cognitive therapy
- Pain and suffering
- Property damages
- Punitive damages
These are some of the types of recoverable damages that is possible. Depending on your situation, you could qualify for other types of damages. Call D. Miller & Associates, PLLC™ at (713) 850-8600 to speak with a member of our team about what happened during your pedestrian accident.
Settlement vs. Trial
Some pedestrian accident legal cases are tried in court by the state, which seeks criminal charges against the party responsible. In this case, you and others who are knowledgeable about the case may be asked to testify and provide testimony as to what happened. In a civil personal injury case, your lawyer will first try to reach a settlement with the party responsible before going to a courtroom trial.
Generally, courtroom trials are more expensive and can be emotionally difficult for victims to go through. If a reasonable settlement can be reached that is in your favor, your lawyer may recommend that you accept it. Ultimately, the decision of whether to accept a fair settlement or to proceed to a courtroom trial is your decision and your pedestrian accident lawyer will turn to you to make a decision.
Discuss Your Potential Case with Our Legal Team
If you or a loved one is injured or killed in a pedestrian accident, you could be entitled to financial recovery. To contact a pedestrian accident lawyer serving Conroe, Texas, call D. Miller & Associates, PLLC™ at (713) 850-8600 for a case evaluation. We will listen to you tell us what happened and answer any questions that you may have about your options for recourse. Should you decide that you want to file a civil lawsuit against the party responsible, we can help you throughout the entire process. There is no reason to go through this process alone when we can help to support you.