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At the Gutierrez Law Firm, we can help any injury victim in Bellaire. One of the most common types of accidents happens to pedestrians, many of whom are just trying to get around the city on foot. As you might expect, these accidents can leave you or a loved one with severe, debilitating injuries. If you want to learn more about your legal options, contact us for a free consultation.
When you’re just trying to cross the street or walk to the store or restaurant, you probably don’t expect to be in an accident. However, pedestrian accidents are among the most severe for victims, because there’s virtually no protection for you against a moving vehicle.
If that’s not difficult enough, you still have to go through the legal process if you want to pursue an injury claim. While this allows you to recover certain damages, this is also a challenging process with its own complexities. There’s not a law in Texas that says you need a lawyer, but in these situations, you typically need all the help you can get. Here’s how our firm can help you:
Every pedestrian accident is unique, so the steps you should take can vary depending on what happened. Speaking with our experienced team can provide you with the tailored advice you need for your specific situation.
Why Do Pedestrian Accidents Happen?
One of the more frustrating parts of a pedestrian accident is that they’re largely preventable. Unlike regular car accidents, a pedestrian accident almost exclusively happens when a driver isn’t:
Obviously, many of these actions are the underlying cause of a typical pedestrian accident. And while you can’t account for what other drivers do while they’re behind the wheel of their car, there are certain steps you should take if you are involved in one of these accidents:
Again, most pedestrian accidents are avoidable, if not outright preventable. But again, the nature of these accidents means that you’re left with serious injuries. And when you have serious injuries, you’re going to have to figure out who is responsible.
A major factor in any pedestrian accident that happens in Bellaire is how injured you are. This is going to go a long way in determining how much your potential claim is worth. And this, in turn, can vary from accident to accident. Typically though, a pedestrian accident is going to result in the following range of injuries:
It might not seem like it, but one of the challenges in a pedestrian accident is figuring out liability. To file an injury claim successfully, you must show fault to receive the available damages for your injuries. This involves proving negligence on the part of the driver or other party, which includes demonstrating the following:
If these conditions are met, it shows fault lies with the other party, usually the driver who hit you. However, other parties might also be responsible. For example, if a broken street sign or sidewalk played a role, the city could share blame. Likewise, if the driver’s brakes failed because of a defect, the brake manufacturer could be at fault.
As a pedestrian, you could also be at fault in rare cases, such as crossing where you shouldn’t, ignoring signals, suddenly entering the street, or crossing while under the influence. Regardless, you can still file an injury claim.
Your injury claim is going to take one of two paths, an insurance claim against the at-fault party or a personal injury lawsuit. Like any claim, a successful outcome is going to depend on how well you present your case. At the same time, it’s also going to depend on the extent of your injuries. With all that in mind, here’s a look at some of the available damages in a pedestrian accident claim:
Not all damages apply to every case, so consulting with our experienced personal injury lawyers will clarify your situation and potential routes to these damages. In Texas, there’s a two-year statute of limitations from the accident date to file a claim.
Yes. If there are injuries or damage exceeding $1,000, it’s state law to report the accident to police. However, it’s always in your best interest to report any accident you’re in to police.
You have two years from the date of the accident to file your claim. This is the statute of limitations for any personal injury claim in Bellaire or anywhere else in Texas.
Yes. As a pedestrian, you generally have the right of way when using a crosswalk. Even though this doesn’t apply if you’re not using a crosswalk, if the driver of the car that hit you was speeding or was otherwise negligent, you can still file an injury claim.
Being in any accident in Bellaire is challenging, but even more so if you’re a pedestrian. Facing the injuries and damage of these accidents alone is simply too much for most people. At the Gutierrez Law Firm, our Bellaire pedestrian accident lawyers will be there to help you. We’ll explain your options and give you the support you need. Contact us today to set up your free consultation.