Under Texas law, you can file an insurance claim or a personal injury lawsuit against a careless driver who hits you while crossing the road, walking through a parking lot, or in another type of car-versus-pedestrian accident. With help from a pedestrian accident lawyer in Pearland, you can hold them accountable and get the money you need to pay for your medical care, cover lost wages, and reimburse other out-of-pocket expenses.
The pedestrian accident team from D. Miller & Associates, PLLC, can help you pursue the money you deserve after an injury. We can evaluate the strength of your claim, explain your options for compensation, build a solid case, and go after the full value of your damages. We offer free case reviews and consultations with absolutely no obligation. Call us today at 713-850-8600.
Recoverable Damages in a Pearland Pedestrian Accident
In Texas, you can file a liability claim to collect reimbursement for almost any type of financial loss you suffer after a car accident, including one in which you were on foot.
The type and amount of damages available in your case will depend on your individual expenses and losses. Severe, long-term injuries—like traumatic brain injuries—are generally eligible for higher damages.
Often, we can recover damages for our clients that include:
- Medical care and related expenses;
- Rehabilitation or physical therapy costs;
- Lost wages and loss of future income and benefits;
- Ongoing care costs or future care costs;
- The cost of home modifications due to a disability;
- A wheelchair lift or other necessary vehicle modifications;
- Any out-of-pocket costs related to the accident, injury, or treatment;
- Pain and suffering and other emotional damages; and
- Wrongful death, if a loved one died.
Many times, we can recover more compensation for our clients than they anticipate. It is common to underestimate the losses you suffered and overlook the value of your emotional damages. We handle pedestrian accident cases frequently and can help you understand the full scope of your losses and how large a settlement you might expect. Give us a call, and let us help ensure you get all the money you deserve.
Recovering Compensation With an Accident Claim
All motorists in Texas must carry a certain amount of liability coverage to reimburse victims of any accident they cause. This policy should cover your medical care, lost wages, and other losses if a driver hit you while you were on foot. State law requires drivers to have a policy that offers at least $30,000 to cover injuries per person, $60,000 per incident, and $25,000 to pay for property damage.
Gaining access to this money is not always easy. The insurance company has no interest in admitting a policyholder caused the accident or in paying for your damages. To convince an insurer to give you the money you deserve, we need to obtain evidence showing the at-fault driver acted negligently and is liable for your injuries. Then, we need to present the insurance company with your bills, receipts, and other documentation of your losses to prove the full value of your damages.
This is usually successful at convincing an insurer to negotiate with us for a settlement, because it knows we will not hesitate to take the case to court. In most cases, we can reach a fair settlement agreement. If the insurer refuses, we will file a lawsuit and ask a judge to award your damages.
Proving Our Case in a Pedestrian Collision
To win compensation through an insurance claim or a personal injury lawsuit, we must show the driver acted in a negligent way. Without proving negligence, we cannot hold them liable for your damages. We must prove:
- The motorist had a responsibility to drive in a careful and reasonable way;
- They failed to uphold this responsibility;
- This caused them to strike you, causing your injuries; and
- Your injuries led to out-of-pocket expenses or other financial losses.
To prove negligence, we will conduct a full investigation into the accident until we identify all involved parties and obtain evidence showing their liability. The evidence we uncover differs from case to case, but often includes:
- Police reports;
- Witnesses statements;
- Video of the crash from a dash cam or nearby surveillance camera;
- Pictures from the scene;
- Testimony from accident reconstruction specialists;
- Your medical records; and
- Bills and other receipts.
Hit-And-Run Drivers in a Pedestrian Crash
Unfortunately, hit-and-run accidents occur frequently. They may be even more common when the victim is a pedestrian. Often, the police can identify the driver through witness statements and other evidence from the scene. This allows them to file charges, while we pursue an insurance claim to recover compensation on your behalf.
If the police cannot locate the driver and our investigation does not identify them, however, you have two options to recover compensation. You can:
- File a claim based on your uninsured/underinsured motorist policy, if you have auto insurance; or
- File a claim against any other parties we can show contributed to your accident.
Our attorneys can help identify other parties who may have played a role in causing your accident.
Causes of Pedestrian Accidents
When we conduct our investigation, we will identify exactly what happened to cause the driver to hit you. In many cases, they broke a traffic law or violated safety precautions meant to keep pedestrians safe.
Some of the most common causes of these accidents include:
- Failing to exercise “due care” with regard to pedestrians;
- Failing to yield to pedestrians in an intersection or crosswalk;
- Failing to use caution when passing a stopped vehicle;
- Driving while distracted;
- Driving too fast for road conditions;
- Running red lights or stop signs;
- Failing to yield during turns;
- Driving while drunk or on drugs; and
- Driving while fatigued.
Talk to a Pedestrian Accident Lawyer in Pearland Today
At D. Miller & Associates, PLLC, we can help pursue compensation after a pedestrian accident in Pearland. We offer free case evaluations and can navigate the claims process or file a personal injury lawsuit for you. Call us today at 713-850-8600 to get started.