Why Houston Pedestrian Accidents Demand Expert Legal Representation
Finding a pedestrian accident attorney Houston residents trust becomes critical when facing the devastating aftermath of being struck by a vehicle. Here’s what you need to know:
Quick Answer for Houston Pedestrian Accident Victims:
– Immediate Need: Contact an attorney within days, not weeks
– Texas Deadline: 2-year statute of limitations to file claims
– Compensation Types: Medical bills, lost wages, pain & suffering
– No Upfront Costs: Most attorneys work on contingency fees
– Evidence Priority: Photos, witness info, police reports are crucial
Houston’s pedestrian accident crisis has reached alarming levels. In 2024, 202 pedestrians were killed in Houston-area traffic crashes, while Texas recorded 5,924 pedestrian-involved crashes statewide with 808 fatalities. This represents a 22% increase in pedestrian deaths from 2019 through 2023.
The financial burden hits families immediately. Medical bills start piling up while lost wages compound the stress. Many victims face permanent disabilities requiring lifelong care, with costs reaching hundreds of thousands of dollars.
The vulnerability is stark: pedestrians lack seatbelts, airbags, or any protective equipment when facing 3,000-pound vehicles. As one legal expert noted, “Even a simple apology at the scene can be construed as an admission of fault” – highlighting how quickly victims can unknowingly damage their legal rights.
Insurance companies move fast to minimize payouts, often contacting victims within hours of crashes. Without proper legal representation, families typically receive far less compensation than they deserve for their medical expenses, lost income, and lifelong suffering.
Pedestrian accident attorney Houston terms to remember:
– houston personal injury lawyer
– car accident lawyers houston tx
– good accident lawyers near me
First Steps to Protect Your Health & Rights After a Crash
Getting hit by a car turns your world upside down in seconds. Your heart’s racing, you might be bleeding, and you’re probably scared and confused. But what you do in these first critical moments can make or break your ability to get fair compensation later.
I’ve worked with hundreds of pedestrian accident victims, and I’ve seen how simple mistakes in those chaotic first minutes can cost families thousands of dollars. The good news? You can protect yourself if you know what to do.
Your health comes first, always. Even if you feel okay, call 911 immediately. Your body floods with adrenaline after trauma, which masks pain and injury symptoms. That “I’m fine” feeling often disappears hours later when serious injuries like concussions or internal bleeding finally show up.
Those emergency room records become gold when it comes to proving your case. Insurance companies love to argue that your injuries happened somewhere else, but they can’t dispute medical records that document everything within hours of your accident.
Make sure police come to the scene and write up a report. This isn’t optional – it’s your foundation for everything that follows. The officer will interview witnesses, measure skid marks, and create an official record of what happened. Get that police case number before anyone leaves.
Your smartphone becomes your best evidence tool. Take photos of everything – the car damage, your injuries, skid marks on the road, traffic lights, and weather conditions. Get the driver’s license plate and insurance card. These photos tell the story better than any witness statement.
Talk to witnesses while they’re still there. People have busy lives and good intentions, but they disappear quickly after accidents. Get their names and phone numbers, and ask them to briefly describe what they saw. Their independent accounts often become the key to winning your case.
Get the driver’s information including their full name, phone number, insurance company, policy number, and driver’s license number. Don’t just trust them to call you later – people sometimes panic and give false information hoping to avoid responsibility.
Start keeping a daily injury journal right away. Write down your pain levels, how well you slept, what activities you couldn’t do, and how the injuries affected your day. This personal record helps prove those hard-to-measure damages like pain and suffering that insurance companies love to minimize.
For a complete breakdown of protecting yourself after any vehicle accident, check out our detailed guide on steps to take after a Houston car wreck.
Preserve Crucial Evidence Immediately
Evidence has a short shelf life, and insurance companies know it. Traffic cameras record over their footage every 30 to 90 days. Witnesses forget details or move away. Rain washes away skid marks, and city crews clean up debris.
Time is your enemy when it comes to traffic camera footage. Houston has cameras at many intersections, and nearby businesses often have security cameras that captured your accident. But you need a pedestrian accident attorney Houston families trust to send official preservation letters within days, not weeks.
Don’t throw away or wash your damaged clothing. I know it sounds strange, but fabric damage patterns help accident experts figure out how fast the car was going and what angle it hit you. We’ve won cases where torn clothing proved a driver was speeding way over the limit.
Keep every medical document organized from your first emergency room visit forward. This includes hospital bills, doctor’s notes, prescription receipts, physical therapy records, and even parking receipts from medical appointments. Insurance companies will demand proof of every penny you’re claiming.
Your phone records matter too if you suspect the driver was texting or talking while driving. Your attorney can get the driver’s phone records later, but having your own records helps establish what happened when.
What NOT to Do After a Pedestrian Accident
Some mistakes can destroy your case completely, and I’ve seen good people lose everything because they didn’t know better. Here’s what never to do:
Never leave the scene before police finish their report, even if you feel fine. Walking away makes it nearly impossible to prove what happened later. Texas law requires you to stay at any accident scene involving injury or property damage anyway.
Stay off social media about your accident. Insurance companies hire investigators to scroll through your Facebook, Instagram, and Twitter looking for anything to use against you. That photo of you smiling at your nephew’s birthday party could be twisted to argue you’re not really suffering from depression.
Don’t give recorded statements to any insurance company without your lawyer present. Insurance adjusters get trained to ask tricky questions designed to make you admit fault or downplay your injuries. Even saying something innocent like “I’m having a good day today” can hurt you later.
Never delay medical treatment hoping you’ll feel better on your own. Gaps in your medical care give insurance companies ammunition to argue your injuries aren’t serious or didn’t come from the accident. Follow every recommendation your doctors make, even when you’re feeling better.
Understanding Fault, Laws & Deadlines in Texas
Texas pedestrian laws might seem straightforward, but they create a complex web of rights and responsibilities that can make or break your compensation claim. When you’re struck by a vehicle in Houston, understanding these rules becomes the difference between recovering fair compensation and walking away empty-handed.
Right-of-way rules give pedestrians strong protections at marked crosswalks and intersections, but here’s the catch – drivers must exercise reasonable care toward pedestrians everywhere, not just at crosswalks. This means even if you were crossing mid-block, a speeding or distracted driver can still be held responsible for your injuries.
However, pedestrians aren’t off the hook entirely. Texas law requires you to use sidewalks when they’re available and follow traffic signals at controlled intersections. In Houston, where many neighborhoods lack proper sidewalks, this creates gray areas that skilled attorneys know how to steer.
The game-changer is modified comparative negligence under Texas Civil Practice & Remedies Code Section 33.003. This rule means you can still recover damages even if you made mistakes that contributed to the accident. The key threshold is 50% fault – if you’re found more than half responsible, you recover nothing. But if you’re 30% at fault and the driver is 70% responsible, you still get 70% of your total damages.
This makes fault determination absolutely crucial for any pedestrian accident attorney Houston families rely on. Picture this scenario: you were jaywalking when a texting driver who was speeding struck you. You might be assigned 30% fault for jaywalking, but the driver bears 70% responsibility for distracted driving and speeding. You’d still recover most of your compensation.
Municipal liability adds another layer of potential recovery when Houston’s infrastructure problems contribute to accidents. Poor road design, broken traffic signals, inadequate lighting, or missing sidewalks can make the city partially responsible for your injuries. Given Houston’s well-documented infrastructure challenges, this often becomes a viable source of additional compensation.
The NHTSA research on distracted driving reveals that distracted driving played a role in 10% of all fatal crashes in 2020, making it a leading cause of pedestrian accidents. Understanding how to prove these violations becomes essential for maximizing your recovery. For detailed strategies on establishing fault, our guide on proving liability in Houston personal injury cases provides valuable insights.
How Investigators Determine Liability
The initial police report tells only part of your story. Professional accident reconstruction goes far deeper, using scientific methods to uncover exactly what happened in those critical moments before impact.
Police narratives provide the foundation, but responding officers usually arrive after the accident and must piece together events from potentially biased witness statements and driver accounts. We treat these reports as starting points, not final answers.
Crash reconstruction specialists become your scientific advocates. They analyze skid marks, measure vehicle damage patterns, study debris fields, and calculate impact angles to determine vehicle speeds and the precise sequence of events. These experts can prove whether a driver was speeding, braking, or attempting to swerve – evidence that often contradicts the driver’s initial story.
Phone records reveal the truth about distracted driving. We subpoena cell phone records to determine whether drivers were texting, calling, or using apps at the moment of impact. Cell tower data can even show phones moving at vehicle speeds, providing undeniable proof of distracted driving.
Toxicology reports from post-accident blood or breath tests expose driver impairment. With studies showing that 47% of pedestrian fatalities involve impaired drivers, this evidence frequently becomes the cornerstone of successful claims.
Traffic signal data from Houston’s traffic management system provides precise timing of light changes. This data proves whether drivers ran red lights or failed to yield during legal crossing periods, eliminating any doubt about right-of-way violations.
Deadline Alerts: Texas Statute of Limitations
Time limits for pedestrian accident claims are unforgiving in Texas. Missing these deadlines means losing your right to compensation forever, regardless of how compelling your case might be.
The two-year clock starts ticking from your accident date for personal injury claims. If you were injured on January 1, 2024, you must file your lawsuit by January 1, 2026. Courts rarely grant extensions, making early action essential.
Findy rule exceptions apply only in extraordinary circumstances where injuries aren’t immediately apparent. For instance, if a traumatic brain injury causes symptoms that don’t manifest until months later, the statute might begin when you reasonably should have finded the injury was accident-related. However, these exceptions are rare and difficult to prove.
Wrongful death timing follows the same two-year rule, but the clock starts from the date of death, not the accident date. When someone survives for weeks or months after a pedestrian accident before succumbing to their injuries, families have two years from the death date to file their claim.
Probate overlap creates unique opportunities when pedestrian accidents result in wrongful death. At WestLoop Law Firm, our combined expertise in personal injury and probate law ensures families don’t miss critical deadlines or opportunities for recovery through both estate claims and wrongful death lawsuits. This dual approach often maximizes compensation for grieving families.
What Compensation Can You Recover After a Houston Pedestrian Crash?
When you’re struck by a vehicle while walking, the financial devastation often exceeds what most families ever imagine. We’ve seen clients with medical bills reaching hundreds of thousands of dollars, and that’s just the beginning. Understanding what you can truly recover helps prevent the heartbreak of accepting settlements that seem fair today but leave you financially ruined tomorrow.
Economic damages represent the concrete financial losses you can prove with receipts and documentation. Your current medical expenses include everything from that first ambulance ride to ongoing physical therapy sessions. We’re talking about emergency room visits, surgery costs, hospitalization, diagnostic tests, prescription medications, and medical equipment like wheelchairs or crutches.
But here’s what catches many families off guard: future medical care often costs far more than initial treatment. Serious pedestrian injuries frequently require years of rehabilitation, ongoing physical therapy, psychological counseling, and sometimes lifelong care. A pedestrian accident attorney Houston families trust will work with medical experts to project these future costs accurately.
Lost wages go beyond just the paychecks you’ve already missed. If your injuries prevent you from returning to your previous job or limit your earning capacity, you can recover compensation for that reduced ability to earn income throughout your career. For a 35-year-old construction worker who can no longer perform physical labor, this could mean hundreds of thousands in lost future earnings.
Non-economic damages compensate for losses that don’t come with price tags but devastate your quality of life just as severely. Physical pain and suffering addresses the actual agony you endure – not just today, but for months or years as you heal. Mental anguish recognizes that being struck by a vehicle creates lasting psychological trauma. Many of our clients develop anxiety about crossing streets or even leaving their homes.
Loss of enjoyment of life becomes painfully real when injuries prevent you from activities that once brought joy. Maybe you can’t play with your children the same way, pursue hobbies you loved, or maintain the active lifestyle you enjoyed before the accident. Scarring and disfigurement from severe injuries affects not just your appearance but your confidence and relationships.
Punitive damages come into play when drivers acted with shocking recklessness. We’re talking about drunk driving, excessive speeding, or deliberately dangerous behavior. These damages punish the wrongdoer and send a message that such conduct won’t be tolerated.
Your own uninsured/underinsured motorist coverage can provide crucial compensation when the at-fault driver lacks adequate insurance. Texas law allows you to file UM/UIM claims for hit-and-run accidents or when drivers carry only minimum liability limits that don’t begin to cover serious injuries.
Medicare liens add another layer of complexity that many families don’t anticipate. If Medicare paid for any of your medical treatment, they have a legal right to be repaid from your settlement. Navigating these liens requires expertise to ensure you don’t end up owing money after your case concludes.
Dealing with Insurance & Lowball Offers
Insurance adjusters will contact you faster than your friends and family after a pedestrian accident. They’re not calling because they care about your wellbeing – they’re trying to minimize what their company pays you. Understanding their tactics protects you from making costly mistakes while you’re vulnerable and in pain.
Adjuster tactics start with seemingly friendly conversations designed to gather ammunition against your claim. They’ll ask innocent-sounding questions like “How are you feeling today?” hoping you’ll say “better” or “fine.” Those words will later appear in their denial letter as proof your injuries aren’t serious.
Recorded statements should never be given without your attorney present, despite adjusters claiming they’re required to process your claim. They’re trained to ask leading questions that make you admit fault or minimize your injuries. You’re only legally obligated to cooperate with your own insurance company, not the at-fault driver’s insurer.
Reserve limits represent the maximum amount insurance companies initially set aside for your claim. These early assessments often grossly underestimate the true value of serious pedestrian accidents. Having an experienced attorney forces insurers to reassess and increase their reserves as the full extent of your damages becomes clear.
Quick settlement dangers are especially treacherous in pedestrian cases where injuries may not fully manifest for weeks or months. Traumatic brain injuries, spinal cord damage, and internal injuries can worsen over time. Accepting an early settlement prevents you from seeking additional compensation when these complications arise.
The pressure to accept quick settlements intensifies when medical bills pile up and you’re missing work. But remember – once you sign that release, you can’t go back for more money when you find the true extent of your injuries. For comprehensive guidance on protecting yourself during this process, review our detailed resource on what to know about the injury claim process in Houston.
Wrongful Death & Probate Considerations
When pedestrian accidents result in death, families face an overwhelming combination of grief and complex legal challenges. Texas wrongful death law provides specific remedies, but navigating both wrongful death claims and probate proceedings simultaneously requires specialized expertise that most attorneys simply don’t possess.
Funeral and burial costs are immediately recoverable, providing families with funds to handle final expenses during an already devastating time. These damages include funeral services, burial or cremation costs, memorial expenses, and related costs that add up quickly when families are least prepared to handle them.
Loss of financial support compensates families for the income the deceased would have provided throughout their expected lifetime. This calculation considers the victim’s age, health, earning capacity, work-life expectancy, and the financial contributions they would have made to the family. For young parents or primary breadwinners, these amounts can reach into the millions.
Loss of care and companionship addresses the immeasurable value of relationships that death destroys. This includes the guidance, emotional support, household services, and intangible benefits of the deceased’s presence in their family’s lives. While no amount of money replaces a loved one, this compensation acknowledges the profound loss families endure.
Survival action claims allow the estate to recover damages the deceased could have claimed if they had survived, including medical expenses incurred between the accident and death, pain and suffering during that period, and lost wages during their final days or weeks.
Estate administration synergy becomes crucial when pedestrian accidents involve wrongful death. At WestLoop Law Firm, our combined expertise in personal injury and probate law ensures families maximize recovery through both wrongful death claims and proper estate administration. This unique combination prevents conflicts between different legal proceedings and ensures no potential source of compensation gets overlooked during such a difficult time.
How a Pedestrian Accident Attorney Houston Can Help You Win
When you’re hit by a car while walking, the aftermath feels overwhelming. Medical bills pile up while you’re unable to work. Insurance companies call constantly with lowball offers. You’re dealing with pain, frustration, and fear about your future. This is exactly when you need a pedestrian accident attorney Houston families trust to level the playing field.
The truth is, pedestrian accident cases are far more complex than most people realize. It’s not just about proving the driver hit you – it’s about building a compelling case that demonstrates the full impact on your life, both now and in the future.
Case investigation starts the moment you call us. While you’re focusing on healing, we’re working to secure evidence before it vanishes. Traffic cameras record over their footage within weeks. Witnesses move away or forget crucial details. We send preservation letters immediately to city traffic departments and nearby businesses, ensuring critical video evidence gets protected.
Our expert witnesses transform technical evidence into compelling testimony that juries understand. Accident reconstruction specialists use physics and engineering to prove exactly how fast that driver was going when they hit you. Medical experts explain why your back injury means you’ll never lift your grandchildren again. These aren’t just opinions – they’re scientific conclusions that insurance companies can’t easily dismiss.
Settlement negotiation becomes much more powerful when insurance companies know we’re prepared for trial. Most adjusters recognize our reputation and understand we won’t accept inadequate offers just to close cases quickly. This trial readiness often doubles or triples settlement values compared to what victims receive on their own.
When we take on your case, we also handle the frustrating details that drain your energy. Medical liens reduction saves thousands of dollars from your final settlement. Hospitals and health insurance companies often demand reimbursement from injury settlements, but we negotiate these claims down significantly. More money stays where it belongs – with you and your family.
For complete details about our approach to pedestrian cases, visit our pedestrian accident lawyer page.
Services Offered by a Pedestrian Accident Attorney Houston Victims Need
The science behind accident reconstruction often reveals facts that completely change how people view your case. Our specialists use skid mark analysis, vehicle damage patterns, and computer simulations to determine vehicle speeds and driver behavior in the moments before impact. When a driver claims they “never saw you,” this evidence often proves they were looking at their phone instead of the road.
Insurance correspondence removes a huge burden from your shoulders during recovery. Adjusters are trained to ask questions designed to minimize your claim. They might call while you’re on pain medication, hoping to get statements they can use against you later. We handle every conversation, ensuring your rights stay protected while you focus on getting better.
Damage calculation requires understanding both obvious costs and hidden expenses that emerge over time. We work with economists who calculate how your injuries will affect your earning capacity for decades. Life care planners project the cost of future surgeries, therapy, and medical equipment. These projections often reveal damages worth hundreds of thousands more than initial medical bills suggest.
The paperwork side of court filings might seem simple, but missing deadlines or procedural requirements can destroy even the strongest cases. Texas courts are strict about filing requirements and time limits. Our experience ensures every document gets filed correctly and on time, protecting your right to compensation.
Resources & Support a Pedestrian Accident Attorney Houston Provides
Recovery from serious pedestrian accidents often requires specialized medical care that goes beyond emergency room treatment. Our therapy referrals connect you with doctors who understand injury cases and provide thorough documentation of your treatment progress. These providers know how to explain complex medical issues in ways that juries understand.
Life care planners become essential when accidents cause permanent disabilities. These specialists assess how your injuries will affect your daily life for years to come. They calculate costs for future surgeries, rehabilitation, home modifications, and assistive devices. Their detailed reports provide roadmaps for your recovery and powerful evidence during settlement negotiations.
Our bilingual staff ensures language barriers never prevent you from understanding your rights or accessing quality representation. Houston’s diverse community deserves legal services that accommodate different languages and cultural backgrounds. We believe everyone should feel comfortable discussing their case in their preferred language.
Contingency fees mean you never pay unless we win your case. This arrangement removes financial barriers that might prevent injured people from getting quality legal help. We cover all upfront costs for investigation, expert witnesses, and court filings. Our success depends entirely on securing compensation for your injuries.
Free consultations give you the chance to understand your options without any financial risk. We review your case details, explain the legal process in plain English, and provide honest assessments of your claim’s value. You’ll leave our office with a clear understanding of your rights and what to expect moving forward.
Research from the CDC on impaired driving shows that alcohol-impaired driving causes 28% of all traffic deaths, making this a critical factor we investigate in many pedestrian accident cases.
Step-by-Step Guide to Hiring the Right Lawyer
Finding the right pedestrian accident attorney Houston families can trust isn’t just about picking a name from a directory. Your choice of legal representation can literally determine whether you receive fair compensation or settle for a fraction of what your case is worth. We’ve seen too many victims choose attorneys who weren’t equipped to handle the complexities of pedestrian accident cases.
Credentials tell the real story about an attorney’s qualifications. Anyone can call themselves a personal injury lawyer, but board certification in Personal Injury Trial Law by the Texas Board of Legal Specialization means the attorney has proven their expertise through rigorous testing and peer review. This certification requires substantial trial experience and demonstrates advanced knowledge that can make a huge difference in your case outcome.
Look for attorneys who are licensed in Texas and have specific experience with pedestrian accident cases. General personal injury experience isn’t enough – pedestrian accidents involve unique challenges like proving right-of-way violations, dealing with severe injuries, and understanding how vulnerability affects damage calculations.
Trial record separates the fighters from the settlers. Insurance companies keep detailed records of which attorneys actually take cases to trial and which ones always settle for whatever’s offered. Ask about recent trial verdicts and whether the attorney has experience presenting pedestrian accident cases to juries. This trial readiness translates directly into higher settlement offers because insurers know they can’t lowball attorneys who aren’t afraid of the courtroom.
Caseload limits ensure you’re not just another file number. Some firms operate like personal injury mills, handling hundreds of cases simultaneously with minimal individual attention. Your case deserves thorough investigation, careful preparation, and personalized service. Look for attorneys who limit their caseloads so they can provide the attention your case requires.
Client reviews from actual pedestrian accident victims provide invaluable insights into how the attorney communicates, responds to concerns, and delivers results. Pay special attention to reviews that mention specific case outcomes and whether clients felt supported throughout the process. You’ll be working with this person during one of the most stressful times in your life.
Fee structure should be crystal clear from your first conversation. Most pedestrian accident attorney Houston professionals work on contingency, typically charging 33-40% of any recovery. Make sure you understand what expenses you’ll be responsible for, when they’re due, and what happens if your case doesn’t result in recovery.
Communication style affects your entire experience. Choose an attorney who explains legal concepts in plain English, returns calls promptly, and keeps you informed about case developments. You should never feel like you’re bothering them with questions about your own case.
Probate experience synergy becomes especially valuable when pedestrian accidents involve wrongful death or when victims need estate planning assistance. At WestLoop Law Firm, our combined expertise in personal injury and probate law provides comprehensive solutions that address all aspects of your legal needs, not just the immediate accident claim.
Questions to Ask Your Prospective Pedestrian Accident Attorney Houston Expert
The right questions during your consultation reveal whether an attorney has the experience and commitment your case deserves. Don’t be shy about asking tough questions – any attorney worth hiring will welcome your thorough evaluation.
“How many pedestrian accident cases have you handled this year?” Look for substantial experience in cases similar to yours, not just general personal injury work. Pedestrian accidents involve unique legal and medical issues that require specialized knowledge.
“What’s the realistic timeline for my case?” Experienced attorneys can provide educated estimates based on injury severity, insurance company cooperation, and court schedules. Be wary of anyone who promises quick resolutions or guarantees specific outcomes.
“What settlements or verdicts have you obtained in pedestrian accident cases?” While past results don’t guarantee future outcomes, they demonstrate the attorney’s ability to secure fair compensation and their willingness to fight for maximum recovery.
“How many pedestrian accident cases have you actually taken to trial?” This question reveals whether the attorney has real courtroom experience or just settles every case. Insurance companies offer higher settlements to attorneys with proven trial skills.
“Who else will work on my case?” Complex pedestrian accident cases require teams of investigators, paralegals, and support staff. Make sure the firm has adequate resources and that you’ll have access to the attorney, not just support staff.
“How will you keep me updated on my case progress?” Establish clear expectations for communication so you’re never left wondering about your case status or important developments.
Maximizing Your Free Consultation
Coming prepared to your consultation helps attorneys provide accurate assessments and shows you’re serious about your case. The more information you can provide, the better they can evaluate your claim’s potential value and challenges.
Bring the police report if you have it, or ask the attorney to help you obtain it. This document provides the official version of events and identifies witnesses, contributing factors, and any citations issued to the driver.
Gather all medical records from your emergency room visit, follow-up appointments, physical therapy sessions, and any specialists you’ve seen. These records document the extent of your injuries and link them directly to the accident.
Collect photos from the accident scene, your injuries, damaged clothing, and any property damage. Even smartphone photos can provide crucial evidence that helps attorneys understand what happened and assess your case’s trial value.
Bring wage statements including recent pay stubs, tax returns, and documentation of any missed work due to your injuries. This information helps calculate lost income and future earning capacity.
Organize all insurance correspondence including letters, emails, and notes from phone calls with adjusters. This shows how insurance companies are handling your claim and whether they’re acting in good faith.
For comprehensive information about our approach to personal injury cases, visit our personal injury lawyer in Houston page.
Frequently Asked Questions About Houston Pedestrian Accident Claims
You’re probably feeling overwhelmed after a pedestrian accident, and that’s completely normal. We get similar questions from almost every client who walks through our doors. Here are the answers to the most common concerns we hear from Houston pedestrian accident victims.
How long do I have to file a claim in Texas?
Texas gives you exactly two years to file a personal injury claim after a pedestrian accident – not a day more. This deadline isn’t negotiable, and courts won’t make exceptions just because you have a strong case or serious injuries.
The clock starts ticking from your accident date. So if you were hit on March 15, 2024, you must file your lawsuit by March 15, 2026. Miss that deadline by even one day, and you lose your right to compensation forever.
There’s one rare exception called the “findy rule.” If your injuries don’t show up immediately – like certain brain injuries that develop symptoms months later – the two-year period might start when you reasonably should have known about the injury. But this exception is extremely limited and hard to prove.
Wrongful death cases follow different timing. Families have two years from the date of death, not the accident date. If your loved one survived for weeks or months before passing away from accident-related injuries, the clock starts when they died.
Don’t wait until year two to call an attorney. Evidence disappears, witnesses forget details, and building a strong case takes time. The sooner you contact a pedestrian accident attorney Houston families trust, the better your chances of maximum recovery.
Can I recover damages if I was jaywalking?
Yes, you can still win compensation even if you were jaywalking. This surprises many people, but Texas law doesn’t automatically bar recovery just because you weren’t in a crosswalk.
Texas uses something called modified comparative negligence. As long as you’re not more than 50% at fault for the accident, you can recover damages. Your compensation gets reduced by your percentage of fault, but you still get paid.
Here’s how it works in real life: Let’s say you were jaywalking, but the driver was speeding and texting. A jury might decide you’re 30% at fault and the driver is 70% responsible. If your total damages are $100,000, you’d recover $70,000.
The key is proving the driver was negligent too. Even if you were jaywalking, drivers still have a duty to watch for pedestrians and drive safely. Common driver mistakes that help your case include:
- Speeding or reckless driving
- Texting or talking on the phone
- Running red lights or stop signs
- Driving under the influence
- Not paying attention to the road
We’ve won cases for jaywalking clients because the driver’s negligence was so severe it overshadowed the pedestrian’s mistake. Every case is different, which is why you need an experienced attorney to evaluate your specific situation.
Should I accept the insurer’s first settlement offer?
Almost never. In fifteen years of practice, we can count on one hand the number of times an insurance company’s first offer was actually fair. They’re counting on you not knowing what your case is really worth.
First offers typically only cover obvious expenses like your emergency room bill and maybe a few days of lost wages. They completely ignore future medical treatment, long-term disabilities, pain and suffering, and lost earning capacity.
Insurance adjusters make these lowball offers quickly, often while you’re still in the hospital. They know that scared, injured people sometimes accept inadequate settlements just to get some money coming in. Once you sign that release, it’s over – you can’t ask for more money later, even if your injuries get worse.
Pedestrian accidents often involve hidden injuries that don’t show up immediately. Traumatic brain injuries can cause problems months later. Spinal injuries might require multiple surgeries. Internal injuries can lead to chronic pain and disability. You need time to understand the full impact before making any decisions.
Here’s what insurance companies don’t tell you: Their first offer is usually just a starting point. They expect you to negotiate and have room to go much higher. Having an experienced attorney often increases settlements by 300% or more compared to what victims get on their own.
Take time to get proper medical evaluation, understand your prognosis, and consult with a qualified attorney before making any settlement decisions. Your future depends on getting this right the first time.
Conclusion
After a pedestrian accident in Houston, every hour counts. With 202 pedestrian deaths in the Houston area during 2024 alone and a staggering 22% increase in fatalities statewide, these tragedies demand immediate, expert legal action to protect your family’s future.
The harsh reality is that insurance companies move fast – often contacting victims while they’re still in hospital beds, hoping to secure cheap settlements before families understand their true losses. Meanwhile, crucial evidence disappears from traffic cameras, witnesses scatter, and your window for justice narrows with each passing day.
Expert legal counsel transforms these overwhelming challenges into manageable steps toward recovery. A skilled pedestrian accident attorney Houston families trust knows exactly which evidence to preserve, how to calculate the true cost of lifetime care, and when insurance companies are trying to take advantage of your vulnerable situation.
Full compensation isn’t just about today’s medical bills – it’s about securing your family’s financial stability for years to come. Serious pedestrian injuries often require decades of ongoing treatment, rehabilitation, and adaptive equipment. Without proper legal representation, families typically receive only a fraction of what they truly need and deserve.
At WestLoop Law Firm, we understand that legal expertise alone isn’t enough. Our unique combination of personal injury and probate experience means we can handle every aspect of your case, whether you’re facing a long recovery or dealing with the devastating loss of a loved one.
You’ll never pay upfront fees with our contingency arrangement – we only succeed when you do. This means we’re invested in fighting for every dollar you deserve, not just processing paperwork for quick settlements.
Our commitment goes beyond the courtroom. We connect you with trusted medical specialists, help coordinate your care, and ensure you have the resources needed for complete recovery. While you focus on healing, we handle the legal battles that secure your family’s future.
Don’t face this challenge alone. Contact WestLoop Law Firm today for a free consultation where we’ll explain your rights, evaluate your case, and outline a clear path forward. For comprehensive information about our approach to personal injury cases, visit our personal injury lawyer services page.