Houston Pedestrian Accident Lawyer

Drivers in Texas must yield to pedestrians in marked and unmarked crosswalks. If a driver’s negligence caused your injury, you generally have two years from the date of the accident to file suit. Being partly at fault does not bar your claim as long as you are 50 percent or less responsible.

Most pedestrian claims come down to one question: who had the right of way? Texas answers that in Chapter 552 of the Transportation Code, and the rules are more specific than most people realize.

When a driver must yield to you. If you are crossing in a crosswalk and no traffic signal is in place or operating, the driver has to stop and yield when you are on their half of the road, or close enough coming from the other half to be in danger. A driver approaching a vehicle already stopped at a crosswalk is not allowed to pass it. At a signalized intersection, a “Walk” signal gives you the right of way and the driver must yield.

When you are expected to yield. If you cross somewhere other than a marked or unmarked crosswalk, you have to yield to traffic. Between two adjacent intersections that both have signals, you may only cross in a marked crosswalk. You also cannot step off a curb into the path of a vehicle so close that the driver has no chance to stop.

The rule insurers hope you never read. Even when a pedestrian was in the wrong place, Texas law still requires every driver to exercise due care to avoid hitting them. A driver who was speeding, texting, or not looking does not get a free pass because you were crossing mid-block. That single provision defeats a large share of the blame-shifting arguments insurance companies raise in these cases.

Pedestrian-Vehicle Collisions In The Greater Houston Area

Drivers must exercise caution when near pedestrians, including at intersections and in driveways, parking lots, and garages. When a motorist fails to obey the rules of the road and is instead negligent or reckless, pedestrians are often the ones who suffer the consequences. 

If you’ve been the victim of a pedestrian accident in Houston or any of the surrounding areas, let Goldenzweig Law Group, PLLC help you hold the at-fault party accountable. Our renowned lawyers have nearly four decades of combined legal experience successfully securing maximum financial compensation for people like you.

What If the Driver Says the Accident Was Your Fault?

Expect it. Blaming the pedestrian is the standard opening move in these claims, and the usual version is that you crossed where you should not have or stepped out without looking.

It rarely ends the case. Texas uses a modified comparative negligence rule, sometimes called the 51 percent bar. You can still recover compensation as long as you are found 50 percent or less responsible for the accident. Your award is then reduced by whatever share of fault is assigned to you. If a jury values your damages at $200,000 and assigns you 20 percent of the blame, you recover $160,000. Only if you are found 51 percent or more at fault does recovery disappear entirely.

This is why the percentage matters so much, and why the insurance company will push to inflate yours. Every point they move it costs you money, and there is a threshold where it costs you everything.

Our Houston pedestrian accident lawyers fight that number directly. We pull traffic signal timing, canvass for surveillance and dashcam footage, locate witnesses before memories fade, and bring in accident reconstruction experts when the driver’s story does not match the physical evidence. If you have been told the crash was your fault, get a second opinion before you accept it.

What to Do After a Pedestrian Accident 

To protect your legal rights and interests after your accident, you should take the following steps:

• Seek Medical Care and Treat Your Injuries: The most important thing you can do after your accident is to seek medical care to identify and treat all of your injuries. Then, follow your treatment plan to ensure maximum recovery. Go to all of your doctor appointments, follow rehabilitation plans, and get the rest and recuperation you need. Doing so will not only protect your health, but it will also help protect you from assertions by the at-fault party that you’re not as injured as you claim.
• Keep Copies of Important Records: Save a copy of the accident report filed by the police officer who responded to the scene of your accident. The police report may provide crucial evidence for your case. If you do not have a copy of this report, our attorneys can get one for you. You should also request and keep copies of your medical records. 
• Document the Accident Thoroughly: Keep all the documentation related to your accident in one place. You should save the name, contact information, and insurance information for the at-fault driver. Also, save the names and contact information for any witnesses. If you took any photos or videos of the scene or your injuries, hold on to those. Save any medical bills, receipts, pay stubs, insurance company letters, and anything else that may help support your case.
• Track Your Injuries, Recovery, and Related Information: Track the pain and distress you feel daily in a journal. Doing so will help provide evidence of the pain and suffering you’ve endured as a result of your injuries.
• Do Not Post About the Accident on Social Media: In addition to refraining from posting about the accident, you should avoid posting any updates on social media. The insurance company or defense team of the at-fault party may try to use that information to refute your claim that you’re seriously injured or have suffered as a result of your injuries.
• Contact an Experienced Attorney: Most importantly, you should contact Goldenzweig Law Group, PLLC to talk to our Houston pedestrian accident lawyers in a free case review. We can advise you on your legal rights and options, as well as how to proceed with your claim. 

Demanding Compensation for Your Pedestrian Accident Injuries

A pedestrian accident can leave you with significant and long-lasting injuries and disabilities. As a result, you may be entitled to compensation from the driver at fault for the accident. 

This may include payment for:

• Medical expenses, such as hospital bills, physical therapy, prescriptions, mobility, and medical equipment, or other out-of-pocket expenses
• Costs associated with long-term care if you are left with disabilities after the accident
• Lost wages and income from missed work while recovering after the accident
• Loss of earning capacity if injuries or disabilities prevent you from returning to full duty after the accident
• Lost quality of life due to physical difficulties and limitations caused by injuries or disabilities
• Pain and suffering

At Goldenzweig Law Group, PLLC, we carefully review our clients’ claims and conduct exhaustive investigations to determine the full extent of their damages. We then use this information to aggressively negotiate with insurance companies and demand the full, fair compensation our clients are owed. 

Time Limit for Filing a Pedestrian Accident Lawsuit in Texas

If you choose to file a lawsuit to pursue financial compensation after being injured in a pedestrian accident, Texas’s statute of limitations typically requires you to file within two years of the date of the accident. This two-year period can change under very limited circumstances, such as if a pedestrian accident victim is younger than 18, when the accident involves a hit-and-run where it takes more time to identify the responsible driver, or if the at-fault driver leaves the state during the limitations period.

No matter the circumstances of your case, it is best to speak with a knowledgeable pedestrian accident lawyer in Houston as soon as possible. If you wait too long to file your lawsuit, you run the risk of the statute of limitations expiring on your claim. As a result, you could lose your right to seek compensation in court from the party at fault for the accident.

Common Injuries in Pedestrian Accidents

Even a low-speed pedestrian accident can result in serious or potentially life-threatening injuries. 

Common pedestrian accident injuries include:

• Severe lacerations and life-threatening blood loss
• Road rash, or friction burns 
• Broken bones
• Joint dislocations
• Soft-tissue injuries, such as sprains or tears of ligaments, tendons, or muscles
• Internal organ injuries 
• Internal bleeding
• Neck and back injuries
• Spinal cord injuries 
• Paralysis
• Traumatic brain injuries
• Head injuries, including eye injuries, ear injuries, and skull fractures
• Amputations

Sadly, many pedestrian accidents end in fatalities. If your loved one was killed in a pedestrian accident or later died due to catastrophic injuries, turn to the compassionate team at Goldenzweig Law Group, PLLC for help with your wrongful death claim. We can help you and your family fight for justice.

How a Houston Pedestrian Accident Attorney Can Help You

When you choose our firm to help with your pedestrian accident claim, you can expect a full-service approach. Our team works to make sure you get medical treatment for your injuries and that you are being taken care of properly. We don’t think of our clients as case numbers, but rather as members of our family.

We also recognize the heavy financial burdens that being injured can place on you. That’s why we offer free case reviews and never make you pay upfront fees for our representation. We only get paid if and when we win compensation for you. 

The Houston pedestrian accident attorneys at Goldenzweig Law Group, PLLC can help take the pressure off you by:

• Sitting down with you in a free consultation to discuss the details of your accident, answer all your questions, and explain what to expect
• Making sure that you receive the medical treatment and rehabilitation you need for your injuries, as well as checking in on you throughout the process to see how else we can help with the issues and difficulties that may come up due to your injuries
• Collecting all available evidence in your case, including police accident reports, eyewitness statements, accident scene photos, surveillance and dashcam footage, vehicle damage reports, and medical records from your treatment
• Hiring accident reconstruction experts to help us develop a persuasive case for the liability of the at-fault driver and the extent of your losses that you should be compensated for
• Identifying the at-fault parties and all available insurance coverages, and filing claims on your behalf
• Pursing fair and full compensation either through a negotiated settlement or at trial

Our firm strives to make the process as stress-free as possible for you. Let us handle all the hard work of investigating and dealing with insurance companies so that you can focus on your recovery from your injuries. 

Our Houston Pedestrian Accident Law Offices