Houston Pedestrian Accident Attorneys

Common Causes of Pedestrian Accidents in Houston

Some pedestrian accidents are the result of failures on the part of property owners or municipalities. A property owner’s failure to maintain a safe walkway, for instance, can lead to a pedestrian being injured. Specific government entities have a responsibility to keep public streets and walkways safe for pedestrians, and if they fail to maintain them, serious accidents could occur.

However, most pedestrian accidents in Houston are the result of negligent drivers. Common causes of pedestrian crashes include, but are not limited to:

• Drunk or drugged driving — Drivers who are under the influence of alcohol or a controlled substance are committing a criminal offense. Even when a driver who is charged with driving while intoxicated (DWI) avoids a conviction, that person can still be held civilly liable for the damages caused in an accident stemming from their impaired driving.
• Failure to yield — Some drivers fail to respect a pedestrian’s right of way. The failure to yield at stop signs or at crosswalks can lead to collisions with pedestrians.
• Improper lane use — A driver may strike a pedestrian if a driver fails to stay in his or her lane. When drivers encroach on sidewalks and walkways, they put anyone walking nearby at risk.
• Inclement weather — Rain, sleet, snow, or other adverse weather conditions can adversely impact a driver’s ability to control a vehicle around pedestrians. Drivers are responsible for reducing their speed and taking other measures to operate safely in these conditions.
• Careless turns – A right-turn accident typically involves a driver turning into a pedestrian when the pedestrian is traveling in the same direction. Often, the cause of the collision is a driver’s failure to gauge the pedestrian’s distance.
• Distracted driving — All drivers need to be fully aware of all that is happening in front of and around their vehicles at all times, but many motorists allow their attention to be diverted by other activities. Talking, text messaging, or merely browsing the web on a cell phone is one of the most common kinds of distractions, but other possible distraction can include smoking, applying makeup, or talking to other passengers.

Some causes are not always immediately apparent, which is why it is important to contact The Law Offices of Hilda Sibrian as soon as possible after a pedestrian accident. We will get to work right away on investigating what happened and identifying who should be held responsible for it.

Who Can Be Held Liable for Pedestrian Accidents in Houston?

Pedestrian accidents often cause significant harm. Some of the biggest expenses that victims incur are medical bills for immediate and future care. Examples of injuries which pedestrians often suffer include:

• Nerve damage
• Paralysis
• Spinal cord injuries
• Traumatic brain injuries (TBIs)
• Internal organ injuries
• Neck injuries
• Road rash
• Muscle strains
• Sprains
• Fractures

The driver is usually liable whenever a motor vehicle causes a pedestrian’s injuries. However, insurance companies frequently argue that pedestrians played some contributory negligence role in their accidents. This is because, under Texas law, an individual cannot recover damages when their percentage of responsibility is more than 50 percent.

In all other cases, a person can pursue damages under the modified comparative fault system. In this system, a court must reduce the amount of damages awarded to a plaintiff by a percentage equal to the plaintiff’s percentage of responsibility. For example, if a person is awarded $100,000 in a pedestrian accident lawsuit but is 10 percent at fault for it, then person’s award will be reduced by $10,000. The person can ultimately receive only $90,000.

Our legal team knows how insurance companies operate. If you were injured in a pedestrian accident that a negligent car driver caused, we will aggressively protect your rights. We will not let an insurance company unjustly shift the blame to you.

Unfortunately, many pedestrian accidents ultimately cause fatal injuries. In such cases, the family members of the deceased can file wrongful death claims against the negligent parties. Spouses, children and siblings could be eligible to recover compensation for funeral and burial expenses, final medical care expenses, loss of support and other damages.

Statute of Limitations for Houston Pedestrian Accident Cases

A person has two years from the date of a pedestrian accident under Texas law to file a personal injury lawsuit. Wrongful death cases are subject to a two-year limit as well. The time is measured from the date of the death.

Two years may sound like a long time to some people. However, it is actually a very limited period when you consider the work that could be involved in preparing a pedestrian accident claim. For this reason, you should act as soon as possible and get help from an experienced attorney. At The Law Offices of Hilda Sibrian, we will get to work on your case right away and preserve and gather evidence that could play a crucial role in your case.