Getting Hit by a Car – Recovery and Legal Options

Common Accident Types

Accidents involving being hit by a car occur in a wide variety of situations, each with its own set of challenges. In a bustling metropolitan area like Houston, where traffic congestion, fast-paced roads, and pedestrian activity intersect daily, understanding these scenarios is critical. Below are specific examples and insights into common situations where individuals may be hit by a car and the legal and medical considerations involved.

Hit by a Car As a Pedestrian

Houston consistently ranks among the cities with high rates of pedestrian accidents. Busy intersections like those along Westheimer Road, FM 1960, and near the Texas Medical Center are often the site of serious collisions. Many of these accidents happen when drivers fail to yield the right of way, run red lights, or make illegal turns.

Pedestrians are especially vulnerable because they lack any form of physical protection, making injuries such as broken bones, spinal injuries, and traumatic brain injuries common. Pedestrians struck by cars may face lengthy recoveries and high medical bills. Jaywalking or crossing streets without using crosswalks can complicate legal claims, but even then, an experienced attorney can argue that a driver still had a duty to avoid the accident.

Child Hit by a Car

Accidents involving children are among the most devastating. Schools and residential areas in Houston, like those near HISD campuses or along suburban streets, are frequent sites of such accidents. Children may be hit by cars while playing near the street, walking to school, or crossing roads without adequate supervision.

Children have unique legal protections in Texas, including the ability for parents or guardians to file claims on their behalf. The emotional toll of such incidents is significant, and the law often considers the long-term impact on the child’s development and future when determining compensation.

Hit by a Car As a Passenger

Passengers in vehicles hit by other cars often sustain significant injuries, especially if sitting on the side of impact. Houston’s freeways, including I-45 and Beltway 8, are notorious for high-speed collisions where passengers bear the brunt of the crash.

Passengers have the right to file claims against the at-fault driver, whether it’s the driver of their vehicle or the other driver involved. For instance, if you’re a passenger in a rideshare vehicle, such as an Uber or Lyft, additional insurance policies provided by the rideshare company may also apply. These claims can be complex, requiring an attorney to navigate multiple insurance policies.

Hit by a Car As a Driver

Drivers hit by other vehicles often face challenges in proving fault, especially in Houston’s congested traffic conditions. Rear-end collisions, side-impact crashes, and head-on collisions are common on major highways like I-10 and intersections in areas like Downtown Houston or the Galleria.

Dashcam footage, eyewitness accounts, and police reports are crucial in proving the fault of the other driver. For example, a driver texting while driving through an intersection on Richmond Avenue may cause a T-bone collision, leaving the victim with significant injuries and property damage.

Hit by a Car On a Bicycle

Houston’s bike lanes, such as those along Buffalo Bayou or Heights Boulevard, are meant to protect cyclists, but they are often the site of accidents. Cyclists face heightened risks from distracted drivers, vehicles turning into bike lanes, and poor visibility during early mornings or evenings.

Cyclists struck by cars frequently suffer severe injuries, including broken bones, head trauma, and road rash. These accidents require meticulous documentation, including photos of the bike, the vehicle, and the accident scene. Additionally, Texas law provides specific protections for cyclists, and an experienced attorney can ensure those rights are upheld.

Hit by a Car In a Rental Vehicle

Getting hit while driving a rental car adds another layer of complexity. Popular car rental hubs like those near George Bush Intercontinental Airport or William P. Hobby Airport see frequent traffic, and accidents involving rental vehicles are not uncommon.

In these cases, the insurance landscape becomes complicated. The rental car company may offer collision coverage, but your personal auto insurance or the at-fault driver’s policy may also come into play. Understanding the interplay of these policies is essential to ensure you’re not left paying for damages or medical bills out of pocket.

Hit By a Commercial Truck

Houston is a hub for commercial transportation, with trucks frequently traveling along I-610, I-45, and US-290. Accidents involving commercial trucks are among the most catastrophic due to the size and weight of these vehicles.

If you’re hit by a commercial truck, the legal process may involve not only the driver but also the trucking company, their insurance providers, and potentially the manufacturer of faulty equipment. These cases often require expert testimony, accident reconstruction, and thorough investigation of the truck’s maintenance and driver’s records.

Hit While Crossing a Parking Lot

Accidents in parking lots, such as those at Houston’s shopping centers or grocery stores like H-E-B or The Galleria, are another common scenario. Drivers often fail to notice pedestrians or vehicles backing out of parking spaces, leading to low-speed but impactful collisions. While these may not always cause severe injuries, they can result in significant medical bills and disputes over liability.

Hit by a Car On a Motorcycle

Motorcyclists face unique risks on Houston’s roads, particularly on freeways like US-59, where drivers often fail to check blind spots. Accidents involving motorcycles frequently result in devastating injuries due to the lack of protection for riders. Helmets and protective gear can reduce the severity of injuries, but collisions with cars still often lead to broken bones, spinal injuries, and traumatic brain injuries.

Hit by a Car While in An Uber or Lyft

Accidents involving rideshare vehicles like Uber and Lyft are common in Houston’s busy traffic. If you are injured as a passenger, you may be covered by Uber or Lyft’s insurance, which typically provides up to $1 million in liability coverage.

• If the Rideshare Driver is at Fault: Uber or Lyft’s insurance will cover your injuries during an active ride.
• If Another Driver is at Fault: The at-fault driver’s insurance is primary, but Uber or Lyft’s coverage may apply if the driver is uninsured or underinsured.

Determining which policy applies can be complex, especially when multiple parties are involved. Whether you’re hit during a trip or while waiting for pickup, consulting an attorney is crucial. The Adley Law Firm can guide you through the claims process and ensure you receive fair compensation. Contact us today for a free consultation.

Dealing With the Police

In Houston, filing a police report after a car accident is not just important—it’s often required by law. Under Texas law, drivers involved in an accident resulting in injury, death, or property damage exceeding $1,000 must report the incident to law enforcement. In Houston, this typically means contacting the Houston Police Department (HPD) or, if the accident occurs on a freeway, the Texas Department of Public Safety (DPS).

When dealing with the police, it’s crucial to provide accurate and factual information without speculating or admitting fault. For example, if you were struck by a car at an intersection like Westheimer Road and Post Oak Boulevard, describe the events leading up to the accident as you remember them, but avoid statements like, “I might have been in the wrong lane,” as these can be misinterpreted.

Once the report is filed, request a copy for your records. In Houston, you can obtain an accident report from the HPD’s Records Division, either online or in person at their downtown headquarters. Having this report is critical because it often includes:

• Witness Statements: Accounts from bystanders or other drivers can corroborate your version of events.
• Officer’s Initial Assessment of Fault: While not definitive, this can influence insurance claims and negotiations.
• Details of the Accident Scene: Information such as weather conditions, time of day, and traffic signals can be crucial in building your case.

If the report contains errors, such as incorrect vehicle positions or misattributed fault, you can request corrections through the HPD or add a supplemental statement. An experienced Houston attorney can assist with this process, ensuring the report accurately reflects the facts.

Police reports are a cornerstone of car accident claims in Houston. They provide an objective starting point for insurance companies and legal proceedings, making it vital to handle this step carefully and with professional guidance if needed. If you have concerns about a police report in your case, contact the Adley Law Firm for assistance.

Dealing With Insurance Companies After Being Hit

After an accident in Houston, navigating the insurance process can be daunting. Insurance adjusters often aim to minimize payouts to protect their company’s bottom line. This is especially true in a city like Houston, where the high volume of traffic accidents results in numerous claims daily, making adjusters more aggressive in denying or undervaluing claims.

Notify your insurer about the accident as soon as possible, whether it occurred on a busy freeway like I-45 or a local road in the Heights. However, it’s important to avoid making detailed statements or admitting fault during initial communications. Phrases like “I didn’t see the other car” or “I might have been speeding” can be used against you to reduce your claim. Stick to the basic facts, such as the time and location of the accident.

In Houston, you may also be dealing with multiple insurance policies, especially in cases involving commercial trucks, rideshare vehicles, or rental cars. For example, if you were struck by a rideshare driver in Midtown, Uber or Lyft’s insurance policies may overlap with the driver’s personal coverage, creating confusion about which policy should cover your losses.

An experienced Houston car accident lawyer can handle these complex negotiations on your behalf. Attorneys understand the tactics insurance adjusters use to minimize payouts and can counter these efforts to ensure you receive fair compensation. This includes not only immediate expenses like vehicle repairs and medical bills but also longer-term losses such as lost wages and pain and suffering.

Whether the accident involves a private driver, a commercial truck, or a rideshare vehicle, having legal representation ensures your rights are protected. If you’ve been in an accident in Houston, contact the Adley Law Firm to help you navigate the insurance process and secure the compensation you deserve.

What to Do If Injured: Will Insurance Cover Medical Bills?

Medical bills after an accident can be covered by:

The At-Fault Driver’s Insurance: Liability coverage should pay for your medical expenses.

Personal Injury Protection (PIP): PIP coverage, if available, covers medical bills and lost wages regardless of fault.

Health Insurance: Health insurance can serve as a backup, but you may need to reimburse these costs from your settlement.

It’s important to document all treatments and consult with an attorney to ensure all medical expenses are accounted for in your claim.

Do I Need a Lawyer?

While it’s possible to handle a claim alone, hiring an attorney significantly improves your chances of securing fair compensation. A lawyer will investigate the accident, gather evidence, negotiate with insurance companies, and represent you in court if necessary. The Adley Law Firm has extensive experience protecting accident victims’ rights in Houston.

Filing a Claim and Seeking Compensation

Settlement Process for Car Accidents in Texas

Settlements in car accident cases in Houston can vary widely depending on several key factors, including the severity of the injuries, the degree of fault, and the overall impact the accident has had on your life. For minor injuries, such as soft tissue damage or small property repairs, settlements may range from a few thousand dollars to cover medical expenses and basic damages. However, in cases involving severe or life-altering injuries, such as traumatic brain injuries, spinal cord damage, or permanent disability, settlements can climb to hundreds of thousands—or even millions—of dollars to account for extensive medical treatment, long-term care, lost earning potential, and emotional trauma. The Adley Law Firm understands the challenges accident victims face and works tirelessly to maximize your settlement by building a strong case, negotiating aggressively with insurance companies, and, if necessary, pursuing justice through litigation. Our goal is to ensure you receive the compensation you deserve to rebuild your life after a serious accident.

Why Choose the Adley Law Firm

The Adley Law Firm has decades of experience helping car accident victims recover the compensation they deserve. We handle every aspect of your case, from gathering evidence to negotiating with insurers and representing you in court. Our no-fee-unless-you-win policy ensures that you can focus on recovery without financial stress.

Contact the Adley Law Firm today for a free consultation. Call us at (713) 999-8669 or fill out our online contact form to get started.