Pedestrians have the right to walk sidewalks and cross streets without the fear that a negligent driver or some other party will cause them harm. Unfortunately, not everyone respects the rights of pedestrians. When their conduct causes injury, the victim can file a claim for compensation.
Winning the damages you need to cover medical bills, lost income, and other losses will require knowledgeable legal counsel that is ready to take on the insurance companies and their lawyers. If you or a loved one were injured as a pedestrian in Houston, let the attorneys of Hernandez Sunosky, LLP represent you today.
Different Types of Pedestrian Accidents
When it comes to sidewalks and street crossings, pedestrians are among the most vulnerable potential victims. There are unfortunately many ways they could suffer injury, including in:
- Motor vehicle accidents: These are the most common pedestrian accidents and involve vehicles crashing into pedestrians crossing the street or walking on sidewalks.
- Parking lot and parking garage accidents: A specific subset of motor vehicle accidents concerns accidents that take place in parking lots and parking garages.
- Construction accidents: When construction crews do work from an elevated position above sidewalks, they should take precaution to avoid injuries from falling objects.
- Sidewalk accidents: Private property owners in Houston are typically responsible for accidents that take place on sidewalks within or adjoining their property.
- Bicycle and scooter accidents: Some crashes involve negligent bicyclists and scooter riders who collide with pedestrians.
Rights and Responsibilities of Pedestrians and Drivers
Most pedestrian accidents involve negligent motorists, so it’s important to understand the rights and responsibilities of both parties. In Houston, pedestrians have the right of way in these situations:
- Crossing the street at a marked crosswalk
- Crossing unmarked crosswalks at intersections
- Following the direction of walk signals
Motorists must yield the right of way in these situations. But outside of these, the pedestrian must usually yield the right of way to motorists. For their part, drivers have to:
- Obey all traffic laws, signs, and signals
- Use turn signals
- Obey speed limits
- Yield to pedestrians in crosswalks
Also, as a general rule, motorists must conduct themselves with reasonable care. For example, they should use more caution when there are pedestrians in the area (especially children) or when weather and nighttime conditions make driving more dangerous.
Why Do Pedestrian Accidents Happen?
The victim of a Houston pedestrian accident has the burden of explaining why and how the accident occurred if they wish to win damages. Understanding the most common causes of these accidents can therefore help you make the best case for compensation. They include:
- Impaired driving: It is against the law to drive while impaired or under the influence of alcohol or drugs. In a drunk driving case, a bar, restaurant, or other establishment that served the driver too much alcohol may be held liable.
- Distracted driving: Likewise, a driver who is not paying attention is far more likely to strike a pedestrian. While cell phone use is a major distractor, others include talking to passengers and eating or drinking while driving.
- Speeding: This is especially a problem when approaching pedestrians near school zones and crosswalks. Violating the law is a strong indicator of negligence and can be used against the at-fault driver.
- Failure to yield: Since there are specific rules about who must yield, and when, it is imperative that the pedestrian or driver knows their respective obligations. A failure to yield is one of the top reasons for a pedestrian accident.
- Inattention: Failure to pay attention while operating one’s vehicle presents a major hazard to nearby pedestrians. The driver may, for instance, back into a pedestrian while going in reverse or turn right while not paying attention to who is in the crosswalk.
- Lack of visibility: This could be due to any number of factors such as darkness, lack of street lighting, high traffic volume, or bad weather. Drivers are required to always use caution and be aware of the possibility of pedestrians coming across their paths.
Common Pedestrian Accident Injuries
You should see a doctor after being in a pedestrian accident, even if you believe you were not hurt or you only sustained minor injuries. Failure to seek medical attention could compromise your health and your claim for compensation. Victims are likely to experience these injuries:
- Broken bones
- Internal bleeding
- Internal organ damage
- Spinal cord injuries
- Soft tissue damage
- Traumatic brain injury
- Amputation
- Paralysis
- Lacerations
Victims may also suffer mental, emotional, and psychological injuries resulting from their accidents. Make sure you follow all recommended treatment regimens and see any specialists to whom you are referred.
Possible Damages in a Houston Pedestrian Accident Case
One reason to retain an experienced lawyer is to have someone who understands the value of your case. The nature and amount of your damages will depend on the unique facts of your accident, but may include:
- Medical bills
- Lost income
- Decreased earning capacity
- Pain and suffering
- Emotional distress
- Disability and disfigurement
When you hire our law firm to represent you, we fight for the most amount of compensation available. This includes reasonably estimated future damages that you may have down the road, like medical expenses.
Contact Our Houston Pedestrian Accident Attorney
We understand the shock and uncertainty you may be experiencing after being in an accident. That’s why we work hard for our clients, defending their legal rights and interests each step of the way. Connect today with the pedestrian accident attorneys of Hernandez Sunosky, LLP to begin your claim.
Frequently Asked Questions About Pedestrian Accidents
Could I be partly liable for my own injuries?
In some cases, pedestrians are partly to blame for their own accidents, for instance by crossing the street when they did not have the right of way. The rule of comparative negligence applies and the court will assign a percentage of liability to the victim. As long as the victim is 50% or less liable, they can still collect damages; but if they are determined to be 51% or more responsible, they cannot collect anything.
Also, the court will reduce the amount of compensation by whatever fault is assigned to the victim. For instance, if the damages would have been $100,000, but a pedestrian is found to be 20% liable, the victim’s compensation is reduced by 20%, or $20,000, netting $80,000.
Will my case go to trial?
Most Houston personal injury cases, including those that involve pedestrians, settle out of court. Your attorney will represent you in mediation and other negotiations with the at-fault parties to try to settle the case without trial. If the at-fault parties and their insurance companies and lawyers refuse to negotiate in good faith, you can take the matter to trial.
Should I hire an attorney?
An experienced attorney not only understands the relevant laws that apply to pedestrian accident cases, but also the court rules and procedures like those involving evidence. A skilled attorney will also understand the value of a pedestrian accident case, how to negotiate effectively with insurance companies, and how to litigate if necessary.
Our firm understands the nuances of pedestrian accident cases and we know what it takes to hold the at-fault parties liable. We will advocate for you each step of the way and work to secure the maximum amount of compensation available. Contact us to find out how we can serve you.