In Texas, you can hold a careless driver responsible for the damages you suffered if they struck you while you were crossing the street or walking along a road. You may also be able to hold the driver responsible for parking lot accidents, or other car-versus-pedestrian crashes.
At D. Miller & Associates, PLLC, our personal injury team is ready to fight for the compensation you deserve. We can help you understand your legal options, build a strong case, file an insurance claim or lawsuit on your behalf, and work to recover the maximum payout possible based on the facts of your accident. Call our office today at 713-850-8600 to schedule your free case evaluation with a pedestrian accident lawyer in Sugar Land.
Damages From a Pedestrian Accident in Sugar Land
Texas has fault-based auto insurance laws that allow the victims to hold careless, reckless, or otherwise negligent drivers liable for the damages they cause. This extends to pedestrians injured in vehicle collisions, as well. We can help you recover almost any financial expense or loss you incurred because of the accident.
The types of damages we recover vary based on the facts of each case. The most common damages we get on our clients’ behalf include:
- Medical expenses;
- Rehabilitation or therapy costs;
- Lost wages;
- Future lost income, if you cannot return to work;
- Ongoing care costs;
- Necessary home modifications due to a disability;
- A wheelchair lift or other vehicle modifications;
- Incidental costs related to the accident, injury, or treatment; and
- Pain and suffering.
Many people wonder how much their case might be worth. Your claim is likely worth more than you think. In our experience, most people tend to underestimate their damages. This means they will settle for less than they deserve if they attempt to negotiate with the insurance company on their own.
When we collect documentation to prove your damages, we include all possible categories of expenses and losses. This allows us to maximize your payout based on the documentation we have to support your case.
Recovering Compensation in a Pedestrian Accident Claim
In Texas, all drivers have to maintain a minimum amount of liability insurance to cover any injuries that occur in a wreck they cause. It is this policy that should payout to cover your losses if they strike you while you are on foot.
We can usually recover compensation for your damages by filing a third-party liability insurance claim based on the at-fault driver’s policy. This may sound like a simple process, but it is much more complex than it seems. We have to meet a high burden of proof, showing not only that the other driver caused the accident, but that your injuries occurred because of it. Then, we have to prove the value of your losses.
Many accident victims choose to enlist our help to navigate this process. Not only do we know what it takes to win a payout, but we also know the nefarious tricks the insurance company may use to try to reduce the value of your claim. We can handle all communication with the insurance company, protecting your right to full compensation for your damages.
While we can usually settle this type of claim through the negotiations process, sometimes the insurance company refuses to agree to a fair settlement. If this occurs in your case, we are not afraid to file a lawsuit and ask the judge to award you the compensation you deserve. Litigating a case is rarely our first choice, and we know you do not want to go to court. However, we will file suit if that is what it takes to get you the money you need and deserve.
Proving Negligence in a Pedestrian Collision
To win compensation for you through a claim or a lawsuit, we must prove the driver acted in a negligent manner and caused the crash. There are four elements we must meet to show they are liable for your damages. These are:
- The driver had a responsibility to follow all traffic laws and drive in a careful, reasonable way;
- The driver failed to follow traffic laws or otherwise drove recklessly;
- Their failure caused them to hit you and you suffered injuries in the collision; and
- You suffered financial damages in the accident.
We will collect all available evidence to prove the case against the driver who hit you, and to show the full extent of your damages. We conduct a full investigation into your accident, and sometimes even work with accident reconstruction specialists to understand exactly what occurred and how it happened.
Some of the most common evidence we collect for our clients includes:
- Police reports;
- Reports from first responders;
- Witness statements;
- Video of the crash;
- Pictures of the scene;
- Accident reconstructions;
- Your medical records; and
- Medical bills and other proof of your damages.
When the Driver Leaves the Scene After a Texas Pedestrian Crash
All too often, the at-fault driver leaves the scene of the pedestrian accident. Usually, the police can use information from witnesses and other evidence to identify and locate them. When they cannot, however, this limits our ability to file a third-party liability claim to recover the compensation you need.
If you struggle to pay your medical bills or even make ends meet after a pedestrian accident, but cannot identify the liable party, we can help you understand other options to get compensation. These could include:
- Filing a claim based on your own uninsured/underinsured motorist policy; and
- Taking action against other parties who contributed to your accident.
Causes of Pedestrian Accidents
Many times, when a motorist causes a pedestrian accident, it is because the driver failed to follow the traffic rules established to protect pedestrians. These include:
- Exercising “due care” to avoid a collision;
- Yielding to pedestrians in an intersection or marked crosswalk; and
- Using caution when passing a stopped vehicle and checking carefully for any pedestrians crossing the street.
In addition, breaking general traffic laws cause many of these accidents. Some of the most common violations include:
- Distracted driving, including texting while driving;
- Speeding or driving too fast for conditions;
- Ignoring traffic signals, such as stop signs or red lights;
- Failing to yield during turns, both left and right; and
- Driving under the influence of drugs or alcohol.
Talk to a Pedestrian Accident Lawyer in Sugar Land Today.
The team from D. Miller & Associates, PLLC, can help you recover the compensation you deserve after a Sugar Land pedestrian accident. Call our office today at 713-850-8600 for your free consultation and case review.