Careless and distracted drivers who fail to yield to pedestrians can cause serious injuries to those they hit. Whether this happens in an intersection, a marked crosswalk, a parking lot, or another area, pedestrian-versus-auto crashes can cost victims thousands in hospital bills, lost wages, and other losses. If you suffered injuries in this type of wreck, a pedestrian accident lawyer in Cypress, TX, may be able to help you recoup your losses.
At D. Miller & Associates, PLLC, our attorneys help Texas pedestrians pursue the compensation they deserve. We will review your case and explain your options to recover the compensation you need. We will file an insurance claim or personal injury lawsuit on your behalf, and side with you through the claims process.
Damages Available in a Winning Cypress Pedestrian Accident Case
If we are successful in your case, you may receive compensation that will help cover a wide range of financial and emotional damages you suffered as a result of the accident. We know how to collect evidence that helps you recover from your losses.
We can recover compensation for almost any type of loss you have suffered. Your economic damages may include:
- Medical treatment and related costs;
- Ongoing and future care costs;
- Lost wages;
- Diminished earning capacity;
- Replacement of any personal property broken in the accident; and
- Any out-of-pocket costs related to your accident, injury, or treatment.
In addition to your economic losses, we may also be able to help you recover damages for your non-economic, or emotional losses. Your emotional damages could include:
- Pain and suffering;
- Mental anguish; and
- Other emotional losses.
Wrongful Death Damages
If your immediate family member lost their life in a Cypress pedestrian accident, you may be eligible to file two separate legal actions to recover compensation: a wrongful death action or a survival action. A wrongful death claim could help you recover your financial losses including mental anguish damages as related to your family member’s passing. A survival action may recover the same damages your loved one would have through a personal injury suit.
Only certain relatives are allowed to sue for wrongful death, so call us today to learn more about your options after a fatal pedestrian crash. We can help you understand your rights and navigate this process.
The Role of Negligence and Liability in Your Pedestrian Accident Case
In Texas, the state’s auto insurance rules require all motorists to carry liability insurance. This policy covers losses for victims when a driver causes an accident. If we can prove the driver in your case acted negligently and caused your pedestrian accident, we may be able to get their insurance company to cover your medical care, lost wages, and other damages.
Proving negligence in a pedestrian accident case requires certain proof, this includes:
- The driver had a responsibility to yield to the pedestrian and drive reasonably;
- They failed to stop at a stop sign or failed to follow other traffic laws;
- This directly causes your accident; and
- You suffered injuries.
We will launch an investigation into your case to collect the evidence needed. Our investigation may require us to call in experts, including accident reconstruction specialists and expert witnesses. This will help us understand your future medical needs. Once we complete this investigation and believe we have a strong case against the at-fault driver will we file a claim or pursue a lawsuit to recover compensation for your losses.
Navigating the Pedestrian Accident Claims Process
In general, there are two ways we can attempt to collect compensation for you in a car-versus-pedestrian accident case. Our options are:
- Filing an insurance claim based on the at-fault driver’s auto liability policy; or
- Filing a personal injury lawsuit in court.
In most cases, we begin by filing an insurance claim. We only file a lawsuit if it is necessary.
Filing an Insurance Claim Against the At-Fault Driver
When we win this type of case, it is often by negotiating a fair settlement with the driver’s auto liability insurer. This process is arduous and requires aggressive negotiation tactics, but it gives us much more control over the outcome than filing a lawsuit.
To file your insurance claim, we will:
- Send a demand letter to the insurance company;
- Outline our case against the policyholder;
- Provide evidence of your damages;
- Try to negotiate a fair settlement agreement based on your losses
Filing a Personal Injury Lawsuit to Hold the Driver Liable
If the insurance company refuses to pay us a fair offer based on the details of your case and the evidence we presented, we will not hesitate to file a personal injury lawsuit. We will represent you in court, present the case we built, and seek a recovery for your damages.
Talk to a Pedestrian Accident Lawyer in Cypress, TX
The pedestrian accident team at D. Miller & Associates, PLLC, is here to help you navigate the claims process and try to recover compensation on your behalf. We will handle your case on a contingency fee basis, so you pay no attorney’s fees unless we are successful. We also offer free case reviews.
Call us today at 713-850-8600 to get started with a free consultation in Cypress.