Pedestrian accidents can lead to serious injuries, and you could face high medical costs and loss of earnings. You may be able to recover compensation from the at-fault party or your insurance. Our personal injury lawyer in Houston can evaluate your case, and your first consultation is free.
As a small law firm, we offer personalized service and direct access to your pedestrian accident lawyer in Houston. Carrigan & Anderson, PLLC, has served its clients for over 30 years and handles pedestrian accident cases on a contingency fee basis. Call us today to learn more.
When You’re Eligible For Damages After a Houston Pedestrian Accident
You may have a claim for damages if another party owed you a duty of care, failed to meet it, and caused an accident that led to injuries. While this could sound straightforward, proving all these elements can be more complex than it seems.
For example, a driver who struck a pedestrian in a crosswalk might claim the pedestrian suddenly stepped into the road, leaving them no time to react. Sometimes, our clients even face claims that they could have sustained some of their injuries elsewhere.
Our experienced Houston pedestrian accident lawyer is accustomed to handling these challenges and can represent your interests. They will gather and compile evidence showing who is liable and use it to protect your right to compensation.
We have offices in Houston, Corpus Christi, and Victoria; and will travel to any corner of Texas if we are capable of preventing an injustice.
What Happens if You’re Partly to Blame For Your Pedestrian Accident
You may be wondering what happens if a pedestrian was partly at fault for an accident. Per Tex. Civ. Prac. & Rem. Code § 33.001, partial fault does not mean an injured pedestrian can’t recover compensation, as long as they were not more than 50% at fault for their accident.
If you were partly at fault but still qualify for compensation, you will receive the portion of your damages for which other parties were responsible. For example, if evidence shows you were 30% at fault, you can still recover 70% of your damages.
Even if you know you made a mistake that contributed to the accident, we still recommend consulting an attorney. Shared fault adds complexity, but you may still be eligible for compensation. The principle of reasonable care still applies, and if a driver failed to exercise it, they could still be liable.
Houston Pedestrian Accident Lawyer Near Me 361-884-4433
Examples of Damages Carrigan & Anderson, PLLC Can Help You Claim
Just as liability depends on evidence, so do claimable damages. Apart from investigating the accident itself, we gather evidence to support a claim for the compensable damages you sustained. Depending on your injuries, the following are among the elements that can apply:
- Current and future medical costs
- Current and future loss of wages or earnings
- Physical pain and suffering
- Anguish and emotional distress
- Physical impairment or disfigurement
- Loss of enjoyment of life
Your attorney will calculate which damages you can claim using evidence such as medical records, medical expert witnesses’ opinions, employment records, and accepted methods for calculating non-economic damages. They can use this evidence to support your pedestrian accident claim and to evaluate settlement offers.
Representing the injured in all areas of Texas that extends back over 40 years
The Deadline for Filing a Pedestrian Accident Lawsuit
The deadline for filing a lawsuit is called the statute of limitations. Missing the deadline may prevent you from recovering compensation, so it is important to understand which deadlines apply to your case. In accordance with Tex. Civ. Prac. & Rem. Code § 16.003, you usually have:
- Two years from the date of your accident to file an injury case
- In fatality cases, two years from the date the deceased passed away
- If government agencies were involved, strict notice periods, typically six months, apply before you can proceed with a claim or lawsuit
In general, it’s wisest to involve a lawyer as soon as possible after your accident. This gives them time to investigate, preserve evidence before it’s lost, prepare a case, and negotiate an out-of-court settlement.
You need a skilled advocate to protect your legal rights and present your claim in such a way as to maximize your recovery.
Insurance Policies and Pedestrian Accidents in Houston
Carrigan & Anderson, PLLC has extensive knowledge of insurance law. This helps us negotiate with at-fault drivers’ personal auto insurance companies and explore additional options. Other insurance policies that might apply to your accident include:
- Commercial auto insurance: If the person who struck you was working for an employer at the time of the accident, their employer’s insurance can apply. This type of policy typically has higher limits than personal insurance.
- Uninsured or underinsured motorist coverage: If you have this coverage, and depending on your policy terms, you can file a claim after a hit-and-run accident, if you were struck by an uninsured driver, or if their insurance doesn’t cover all your damages.
- Health insurance: Private health insurance can help cover your medical bills while your claim against an at-fault driver is pending.
We recognize the urgency of your situation. Our aim is to investigate all the options open to you so that you receive financial relief as soon as possible.
What to Do After a Pedestrian Accident
Pedestrian accidents often involve serious injuries and little property damage. Although gathering evidence is one of the things to do if you were hit by a car as a pedestrian, you may not have been able to do so. Police reports can help, but you don’t want to miss any evidence that could strengthen your case. Your Houston pedestrian accident attorney can investigate.
Prioritize your recovery. Medical attention comes first. However, you should contact your lawyer as soon as you can. They can interview witnesses, look for additional video evidence, and review your police report. Meanwhile, avoid talking to anyone who may have an interest in your claim against the at-fault driver.
Discover How Our Pedestrian Accident Attorney in Houston Can Help Your Claim
Pedestrian accidents can have devastating consequences. Serious injuries like traumatic brain injury, broken bones, and internal injuries are common. We sympathize with your situation and hope to alleviate some of your concerns.
If you or someone close to you has been injured in a pedestrian accident, contact our pedestrian accident lawyer in Houston. At Carrigan & Anderson, PLLC, we want you to have professional legal representation and a clear understanding of your options. Your initial consultation is cost-free. For direct access to our attorneys, call us or fill out our online contact form now.
At Carrigan & Anderson, PLLC we can talk to you about your options and rights.
