Pedestrian Accident Attorneys in Sugar Land, TX
In a whim, out of nowhere, a motorist hit you. Your life has turned upside down, you’re in pain, missing days at work, and your medical bills are piling up. If all of this resulted from the motorist’s negligence, you have the right to recover damages from the motorist responsible for the accident.
Avoid Inadequate and Unfair Offers From Insurers
Since insurance companies are in the business of maximizing revenues, they assign skilled and crafty insurance adjustors to your case to mitigate the insurance company’s liability for your accident. These adjustors and insurance lawyers will apply the comparative fault law to their benefit. Without a skilled attorney by your side, you may end up with a compensation offer that does not meet your medical expenses and personal damages.
You should avoid accepting any offers without legal counsel and, instead, let our lawyers handle the negotiations for you. We know the various strategies used by adjustors in reducing their liability and will negotiate aggressively on your behalf to get you the settlement you deserve.
Pedestrian Accident Injuries For Which You Can Claim Compensation
A 2017 pedestrian accident report by the Texas Department of Transportation shows that of all the 5,767 accidents involving pedestrians that year, only 221 were injury-free. This implies that about 96% of all pedestrian accidents lead to injuries and/or fatalities. The most common injuries resulting from pedestrian accidents in Texas that we can help you seek settlement for include:
- Traumatic Brain Injury (TBI)
- Spinal cord injuries
- Fractures/broken bones
- Shoulder injuries
- Knee injuries
- Back injuries
- Soft tissue damage
Proving Fault in a Pedestrian Accident
To determine how much an accident victim is entitled to in compensation payouts, Texas courts first try to identify who is responsible for the accident in the first place. Our approach to proving negligence involves:
- Establishing that the responsible road user owed you a duty of care of driving and behaving in a responsible and acceptable way
- Proving that that duty of care was breached
- Substantiating that a pedestrian accident resulted from that breach
- Demonstrating that from the accident, you suffered injuries or property damage
Proving a breach in the duty of care will involve gathering evidence from an array of sources, such as:
- Accident scene photos
- Driver recordings in which they admit fault
- Police reports
- Reports from accident reconstruction officials
- Video footage from road/private surveillance cameras
- Footage from vehicle dashboard cameras
- Witness statements
- The driver’s phone records to prove distracted driving
- Obtaining DUI reports to establish drunk driving
- Speeding ticket reports
How Much is a Pedestrian Accident Worth?
In most cases, there is no clear-cut answer to how much a pedestrian claim is worth since the value of each case is based on comparative fault, the value of different losses incurred, and the limit of the negligent driver’s third-party insurance policy.
Irrespective of these factors, our lawyers will use all means available to get you fair compensation for:
- Medical bills that result from the accident – These include emergency medical care, special doctor appointments, therapy, rehabilitation costs, transport to health facilities, surgery, special care unit bills, and medical prescriptions
- Lost wages and income, as well as reduced capacity to earn
- Emotional anguish
- Pain and suffering
- Loss of consortium
- Loss of enjoyment of life
- Burial and funeral costs in the event of the death of a loved one
- Loss of breadwinner’s financial support
- A potential loss of inheritance
Pedestrian Accident Punitive Damages in Texas
If the accident is proven to have been caused by the gross negligence of a driver or as a result of their willful misconduct, Texas courts may award you punitive damages. These are intended as punishment for the offender to deter similar actions from happening again in the future. If your punitive damage claim is successful, you may be awarded compensation from the defendant’s assets in addition to what insurers offer in compensation.
Comparative Fault in Pedestrian Accidents
Courts determine fault by looking at the evidence presented, reviewing the accident, and assigning a percentage of fault to each of the involved parties. To win compensation, your share of the accident must be no more than 50%. This is known as the comparative fault rule.
Imagine a scenario in which a drunk or distracted driver struck you as you carelessly crossed the road. In this case, fault will likely be shared out between you and the driver, and you will only receive compensation up to the extent to which the other driver contributed to the accident.
Leave Your Case to Our Compassionate Sugar Land Pedestrian Attorneys
Each time a distracted or reckless Sugar Land driver runs a red light or runs through a crosswalk or an intersection and causes a pedestrian accident, he or she can be held liable of all damages and injuries that result from their negligent use of public roadways. Our lawyers have extensive experience in proving negligence, aggressively negotiating with insurers, and pursuing claims in court in order to get our clients the fair compensation they. If insurers are not ready to get you what you rightfully deserve, we will not hesitate to seek justice in a Texas law court.
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