Pedestrian Accident

Were You Injured as a Pedestrian in Houston?

Texas is a car culture. With its sprawling freeways and large geographical footprint, Houston is a city designed first and foremost for drivers, not pedestrians. It’s home to the country’s widest freeway (26 lanes!) and ranks as one of the top ten most congested cities for traffic in America. Unfortunately, living in a metropolitan community with heavy traffic means you and your loved ones are at higher risk of being hit by a car while you’re out walking or running. In fact, pedestrian deaths are on the rise statewide and now account for one in every five traffic fatalities in Texas.

Pedestrians typically have the right of way. Since drivers are usually expected to yield to people on foot, many pedestrian accidents are caused by driver negligence or other factors beyond a pedestrian’s control. Victims need legal guidance when pursuing damages against a driver for the suffering, lost time, and emotional anguish they’re forced to endure.

If you’re a pedestrian who’s been hit by a motorist, or you’ve lost a loved one due to driver negligence, turn to Houston pedestrian accident attorney Darius Khosravian at DK Law. As an experienced Houston personal injury lawyer, he can accurately assess your case and give you guidance on the best way to move forward. Contact us online, or call us at (281) 916-2516 to schedule a free consultation.

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Common Causes of Pedestrian Accidents

Pedestrian accidents are often the fault of the driver. Common causes include:

• Driving under the influence of drugs or alcohol
• Distracted driving
• Inadequate infrastructure, such as poor street lighting or unmarked crosswalks
• Driving at high speeds
• Failure to yield to pedestrians
• Failure to make a complete stop at a red light or stop sign
• Defective traffic lights
• Failure to follow traffic laws, and more

Mistakes made by the pedestrian could also lead to an accident. This could happen if a person darts into traffic, fails to use sidewalks or crosswalks, or is too focused on their phone to pay attention to what’s happening around them.

Common Injuries Sustained by Pedestrians

Cars, trucks, and other vehicles that move at incredibly high speeds pose life-threatening risks to pedestrians. Even when the accident isn’t fatal, pedestrians could still suffer injuries that alter the course of their lives. The risk of long-term damage is high.

Common pedestrian injuries from auto accidents include:

• Brain injury
• Spinal cord injuries
• Paralysis
• Loss of limbs
• Broken bones
• Fractures
• Nerve damage
• Muscle damage
• Punctured lungs
• Cracked or displaced vertebrae
• Deep cuts and other wounds
• Death

Who’s Liable in a Pedestrian Accident?

When a pedestrian accident occurs, the driver, the pedestrian, or even the municipality where you live could be at fault. Here’s a quick look at how liability is established in all three cases:

• Drivers: Establishing driver liability in a pedestrian accident is all about establishing negligence. If it can be proven that the driver owed a duty not to hit you, breached that responsibility by ignoring regulations and/or behaving irresponsibly, and directly caused real injuries and losses, there’s a chance they could be found at fault.
• Pedestrians: In Texas, pedestrians could be found liable for an accident if they fail to exercise reasonable care. Examples include crossing the road diagonally instead of using a crosswalk, darting into oncoming traffic without warning, and crossing the street when the sign says “don’t walk”. In some cases, both the driver and the pedestrian might be found to share liability for the same accident.
• Municipalities: Local municipalities could be found responsible or partly responsible for pedestrian accidents in cases where infrastructure that might have prevented the accident is found to be improperly maintained, such as traffic signage, pedestrian signage, stop lights, crosswalks, and streetlights.

What to Do If You’re Involved in a Houston Pedestrian Accident

If you’re hit by a vehicle, you should follow these steps immediately after the accident to ensure you get the medical attention you need and the potential legal damages you deserve:

1. Get medical care as soon as possible. Your top priority is your health. If you feel dizzy or unable to move, or if you’ve suffered another form of injury that seems serious, call 911 or have a witness call for you. You might feel okay at first, but that doesn’t mean injuries won’t present themselves in the weeks and months to come. Even if you don’t think you need emergency care, schedule a check-up with a general physician or urgent care doctor soon after your accident. Auto-pedestrian collisions are serious. Your health and well-being are worth the time and effort it takes to get a medical evaluation.
2. If possible, collect evidence at the scene. If you’re not seriously hurt after the accident, try to gather the name and contact information of the driver, the car’s license plate number, the driver’s license number and contact information, and the contact information of any eyewitnesses to the accident. When 911 is called, police typically respond to the scene of the accident and take a report that includes eyewitness accounts when possible. If you’re seriously injured after the accident, get a copy of the police report in the days that follow. This will include helpful info that you and your attorney may need in order to pursue a claim or other damages.
3. Take photos. Most of us carry smartphones nowadays. If you get a chance, take a few photos at the scene of the accident, including: the scene of the accident, the vehicle, the vehicle’s license plate, and any injuries you’ve suffered. Like the police report, this information could prove useful if you’re seeking to recover damages.
4. Keep track of all medical expenses. As mentioned above, a medical exam should be first on your list after being hit in a pedestrian accident. You may rack up some big medical bills in the process. Keep track of all expenses associated with your accident, including insurance co-pays, as you may need to present them to the driver’s insurance carrier when you recover damages later.
5. Contact an experienced Houston pedestrian accident attorney. If you’re a victim of a pedestrian accident and you think another party may be at fault, contact an attorney. Your health insurance carrier might cover the cost of some of your treatment, but it won’t reimburse you for wage loss, emotional distress, or other non-economic damages. The driver’s insurance carrier might try to contact you to limit their liability, but they’re not acting in your best interest. Only an experienced pedestrian accident attorney can help you navigate the legal, financial, and emotional hurdles you’re facing.

How a Houston Pedestrian Injury Attorney Can Help

Working with an experienced attorney, such as Houston pedestrian accident lawyer Darius Khosravian from DK Law, can increase your chances of receiving fair compensation for your expenses, lost wages, and emotional distress. We’ll investigate the accident, follow the evidence, help you package your claim, and even help you determine if you might need to sue.

With his dedication, determination, and focus on getting winning results for his clients, Mr. Khosravian is the pedestrian accident attorney you want on your side. Contact our office online, or call us at (281) 916-2516 to schedule a free consultation today.