Pedestrians who get hit by a motor vehicle have a legal right to fight for their damages to be recovered from the at-fault party.
If you were injured while crossing the street or walking on the sidewalk, you may be entitled to seek financial recovery through a personal injury claim or lawsuit. Alternatively, if you lost a loved one in a pedestrian accident, you may also be entitled to collect damages on their behalf.
A pedestrian accident lawyer serving Odessa from D. Miller & Associates, PLLC™, can help you develop a personal injury claim or lawsuit, gather evidence, and pursue recovery for the damages you sustained.
Our Team Can Help You Identify Who the Liable Party is in Your Case
You can bring a personal injury case after being hurt while using the road as a pedestrian. Our team will conduct an investigation to see if another party may be held liable for your damages. If so, we may focus on building an argument about how their negligence led to your damages, thus entitling you to financial recovery from them.
Through a personal injury claim or lawsuit, you may be able to:
- Recover some or all of your damages
- Hold the negligent party accountable for the accident
In some cases, there may be multiple liable parties in an accident case. For example, if you were hit by a truck, the truck driver and the trucking company may both share liability in your case.
If we identify multiple liable parties in your case, we may suggest pursuing financial recovery from each party. Our legal team will provide advice on how this might affect your case’s timeline and what other legal tasks need to be done.
You May be Entitled to Multiple Damages in Your Pedestrian Collision Case
Our team can help you pursue financial recovery for the following types of damages:
Medical Bills
Our team can look through your medical records and bills to determine how much financial damage you incurred while treating your injuries. Through your pedestrian accident injury case, you may recover costs related to:
- Ambulance transportation
- Emergency room and hospital treatment
- Imaging tests
- Physician care
- Laboratory tests and bloodwork
- Medication
- Surgery
- Physical therapy
- Occupational therapy
- Transportation to and from medical appointments
- Follow-up appointments
- Ongoing medical needs caused by the accident
Lost Income and Reduced Earning Capacity
If your injuries caused you to miss work, you may be able to recover income you lost. If you suffered injuries that impair your ability to work in the future, you may also be able to recover future loss of income or the wages you would have made had your earning capacity not been reduced.
Non-Economic Damages
You may be entitled to non-financial damages in addition to the financial damages listed above. Non-economic damages may include:
- Past and future pain and suffering
- Mental anguish
- Permanent impairment or disability
- Physical disfigurement
You May be Entitled to Wrongful Death damages if You Lost a Loved One in a Pedestrian Accident
If your loved one was killed in a pedestrian accident, you may be entitled to file a wrongful death claim or lawsuit on your loved one’s behalf. A wrongful death case may allow you to hold the liable party accountable for the fatal pedestrian collision and your damages.
Damages in a fatal pedestrian accident case may include:
- Loss of the decedent’s future earnings
- Loss of the decedent’s work benefits, such as retirement benefits
- Funeral expenses
- Medical expenses
- Lost inheritance
- The decedent’s and the surviving family’s pain and suffering
- Loss of the decedent’s companionship, guidance, and care
There is a Statute of Limitations for Pedestrian Accidents
Per Texas law, there is a two-year statute of limitations on wrongful death and personal injury lawsuits. If your lawsuit is not filed within two years of the pedestrian accident, the court may refuse to hear your case.
Depending on your situation, there may be additional time limits. For example, if your accident was caused by a dangerous intersection or a nonworking traffic signal, a government entity (e.g., the city or state) may be held liable. Cases against the government in Texas must be filed within six months, according to Texas law.
A Pedestrian Accident Lawyer Serving Odessa from Our Firm Can Help You
A lawyer from D. Miller & Associates, PLLC™, can provide you legal assistance and leadership during your case. Our team can:
- Answer any questions you have about your rights or your legal options
- Interpret complicated legal jargon and explain things in plain language
- Help you develop a case for financial recovery
- Gather evidence of the at-fault party’s negligence, such as video footage, forensic evidence, medical records, and police reports
- Obtain statements from eyewitnesses
- Gather testimony from close family members and friends who can attest to your damages
- Advocate on behalf of you or your loved one
- Handle negotiations with the insurance company
- Manage communication with other parties involved in the case
- Take your case to trial if an appropriate settlement offer is not presented
Call D. Miller & Associates, PLLC™, Today for a Consultation
Pedestrian accidents can cause terrible mental and physical pain. Your pedestrian accident may have caused you or your loved one to suffer physical injuries and financial damage.
If you are recovering from your pedestrian accident injuries or the death of a loved one, the last thing you should have to worry about is dealing with the insurance company or handling complicated legal paperwork. Let a pedestrian accident lawyer serving Odessa from D. Miller & Associates, PLLC™, manage your case on your behalf.
Call our office at (713) 850-8600 for your case evaluation.
