If you suffered injuries in a pedestrian-versus-car accident, there is a good chance the accident occurred because the motorist violated a traffic law or acted carelessly or recklessly. In Texas, you can hold negligent drivers liable for their actions by filing an insurance claim or personal injury lawsuit. You might be able to recover compensation to pay for your medical treatment, lost wages, pain and suffering, and other losses. A pedestrian accident lawyer in Port Arthur can help.
At D. Miller & Associates, PLLC, our pedestrian accident attorneys can help you understand your legal options for compensation based on the facts of your case. We offer free case reviews and can answer the questions you may have about your legal right to compensation. We handle these case on a contingency basis, so you owe us no legal fees unless we win a payout for you.
Call us today at 713-850-8600 for your free Port Arthur case evaluation.
Recoverable Damages After a Port Arthur Pedestrian-Versus-Car Accident
Before we take any action to pursue compensation in your case, we will investigate the circumstances that led to your accident and injuries. This not only allows us to build a strong case on your behalf, it also gives us the chance to collect documentation of your accident-related expenses and losses. Once we complete this process, we can give you an accurate idea of how much your case might be worth.
In general, many pedestrian accident victims can recover the same types of damages. These include:
- Medical treatment costs;
- Ongoing care costs;
- Lost wages;
- Diminished future earning potential;
- Lost benefits if you cannot return to work;
- Miscellaneous costs related to the accident;
- Repair or replacement of personal property;
- Wrongful deathcompensation, if your loved one died in the accident; and
- Pain and suffering damages.
If we take your case to court, the judge may opt to award punitive damages. These damages punish a driver who acted in a grossly negligent or intentional way. For example, after a drunk driving accident, the judge may order the driver to pay punitive damages to pedestrians harmed in the crash. We can explain whether punitive damages apply in your case during your case review.
Proving Negligence in a Pedestrian Accident Case
To win compensation in your pedestrian accident case, we need to provide evidence to show the at-fault driver was negligent and is liable for your damages. Without proving negligence, we do not have a case. This is one reason why we engage in a full investigation before we file an insurance claim or lawsuit.
We can collect compensation if your case meets the four elements proving negligence:
- The driver had a duty to keep you reasonably safe;
- They failed to uphold this duty and put you in danger;
- This failure caused them to hit you, which led to your injuries; and
- You suffered financial damages in the accident.
For example, imagine a driver was turning right on at a red light. Legally, they have a responsibility to look for pedestrians in the crosswalk before making their turn. If they fail to do so, they could hit someone crossing the street on foot. This pedestrian might suffer injuries and damages in the accident and could file a claim for compensation against the negligent driver.
The key to winning your case lies in a thorough investigation of the accident, including how and why it occurred. During this investigation, we can confirm the identity of the liable party and collect the evidence necessary to prove their negligence and liability.
You can expect this investigation to take some time. We need to identify, collect, and analyze all available evidence. We will also:
- Request copies of the police report or other official reports;
- Survey and document the accident site;
- Analyze the damage to the vehicle that hit you;
- Review witness statements and conduct additional interviews;
- Enlist the help of an accident reconstruction specialist; and
- Collect documentation of your full range of damages.
Recovering Compensation for Your Accident Injuries
We have two options to recover compensation after this type of crash. We can:
- File an insurance claim based on the at-fault driver’s auto liability insurance policy; or
- File a personal injury lawsuit in civil court.
In most cases, we first try to get a payout by filing an insurance claim. We send a demand letter to the liable motorist’s insurance provider. In this letter, we outline our case against the driver and the full range of your accident-related expenses and losses.
We expect the insurer to respond with its own settlement amount, which is normally far too low to meet your needs. We reject this offer and submit a counter-offer, which begins settlement negotiations. We aggressively negotiate with the insurance company until we reach an agreement.
If we cannot negotiate a fair settlement, we will file a personal injury lawsuit on your behalf. Sometimes, just taking this action is enough to convince an insurance company to offer a better settlement. If this occurs, we do not need to proceed with the lawsuit.
Without a fair settlement offer, we will continue to pursue legal action to hold the negligent driver accountable. We will present your case to the judge and represent you throughout the process. The court will assess the case and determine if you qualify for compensation.
Talk to a Pedestrian Accident Lawyer in Port Arthur About Your Case Today.
At D. Miller & Associates, PLLC, our pedestrian accident team can explain your rights and offer advice on recovering the compensation that may be available to you. We review cases for free, and we can file your claim or pursue a personal injury lawsuit on your behalf. We might be able to help you collect the money you need to cover your accident-related expenses and losses.
Call our team today at 713-850-8600 for a free consultation with a Port Arthur pedestrian accident lawyer.