Texas law gives you the right to hold a negligent motorist financially responsible for any damages they cause you to suffer in a car-versus-pedestrian accident. If you can prove they acted in a careless, reckless, or unreasonable way, you can win a liability insurance claim or personal injury lawsuit against the at-fault driver. The money you recover can help you pay for your medical treatment, lost wages, or other expenses and losses. A pedestrian accident lawyer in Baytown can help with your claim.
At D. Miller & Associates, PLLC, our team can pursue the compensation you deserve on your behalf. If a driver struck you while you were on foot and you suffered injuries, we can help you understand the value of your case and fight for the full amount due to you. We will build the strongest possible case for a payout and represent you to the insurance company.
Call us today at 713-850-8600 for your free case evaluation.
Damages You May Recover After a Baytown Pedestrian Accident
The damages we can recover from this type of accident vary based on the facts of your crash, the severity of your injuries, and the losses you suffered. Often, we can recover much more compensation than our clients thought possible. We know the types of damages and expenses that are common in these accidents.
We can uncover all of your damages, including those you might overlook if you tried to handle your claim on your own. We fight to make sure clients who suffer traumatic brain injuries or spinal cord damage, for example, receive compensation for the medical care they will need for years in the future. We recommend every accident victim discuss their case with an attorney before signing any agreement with the insurance company or cashing their check.
In general, some of the most common types of damages we recover include:
- Emergency medical transportation, usually via ambulance or helicopter;
- Medical treatment costs;
- Lost wages, both current and future;
- Lost benefits if you cannot return to work;
- Out-of-pocket costs related to the accident;
- Money to cover property damage;
- Pain and suffering damages; and
- Damages for wrongful death, if the accident was fatal for a loved one.
If your case goes to court, the judge also has the option of awarding punitive damages in addition to your compensatory damages. These damages punish the negligent driver if they acted maliciously or intentionally. We can advise you if we believe these damages may be available in your case.
How to Recover Compensation After a Pedestrian Accident
Texas has auto liability insurance laws that require drivers to have a minimum amount of coverage that will pay out if they cause a car crash and others suffer damages. The at-fault driver should have at least $30,000 in liability coverage available to pay for your medical treatment and other expenses.
To get a payout based on this liability auto insurance policy, we need to file a claim with the insurance company. We will approach the company with a demand letter, asking for a payout based on the value of your damages. In most cases, an insurer will look at the evidence we present and offer another payout amount. While this is usually too low for us to accept, it begins the process of settlement negotiations.
We will aggressively pursue a fair settlement for you, ensuring it covers all your economic losses—including any future or ongoing care costs. In many instances, we can settle the claim at this point in the process. Once we do, the insurance company processes the claim and cuts us a check. We cash it, take out our attorney’s fees, and have your payout to you as quickly as possible.
If an insurance company refuses a fair settlement, we can file a personal injury lawsuit to attempt to recover compensation from the negligent motorist. Often, we will receive a new settlement offer before we even have to go to court. If not, we will represent you to the judge, and ask the court to award you a full payout based on your expenses and other losses.
Proving an Accident Claim or Personal Injury Case
All personal injury claims, including pedestrian accident claims, depend on our ability to prove the at-fault party acted negligently. If we can provide evidence of negligence, we can hold them liable for your damages.
There are four elements we have to show to prove negligence:
- The driver had an obligation to follow all traffic laws and drive in a way that keeps pedestrians out of unreasonable danger;
- The driver failed to do this, putting your health and safety at risk;
- The driver’s failure to behave carefully and cautiously caused an accident and caused you to suffer injuries; and
- You suffered financial damages because of your accident and injuries.
If we can provide persuasive evidence to show negligence, this will make it difficult for the driver’s attorneys or insurance company to defend their client. In some cases, we may also enlist the help of an accident reconstruction specialist who can explain how the driver’s negligence led to your accident and injuries.
We will also collect all possible documentation of your damages, including medical bills, receipts, estimates, and expert testimony about your future losses and expenses. By compiling proof of your damages, we can make a much stronger argument for a full payout.
Talk to a Pedestrian Accident Lawyer in Baytown Today
The pedestrian accident team at D. Miller & Associates, PLLC, can help you understand your right to compensation and handle your Baytown insurance claim. We will review your case at no charge, and explain your chances of recovering the money you need to pay your expenses and cover your losses. Call us today at 713-850-8600 for your free consultation.
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