If you were hurt after being hit by a car in Houston or anywhere else in Texas, the Adley Law Firm is here to help
Call today for a free consultation to discuss your claim and settlement
Being hit by a car while walking can be a life-changing experience. The physical injuries, emotional trauma, and financial strain that follow can leave you feeling overwhelmed and unsure of your next steps. At the Adley Law Firm, we understand the challenges you face and are here to help. With over 30 years of experience assisting injury victims across Texas, we’ve recovered millions of dollars for our clients, including those injured in pedestrian accidents.
If you or a loved one were hit by a car while walking in Houston or elsewhere in Texas, this guide will outline what to do after the accident, your legal rights, and how we can help you pursue the compensation you deserve.
Immediate Steps to Take After Being Hit by a Car While Walking
The moments after a pedestrian accident are critical for your safety, health, and legal case. Here’s what you should do:
1. Prioritize Medical Attention
Your health comes first. Call 911 and seek medical assistance immediately, even if you feel fine. Injuries like concussions, internal bleeding, or fractures may not show symptoms right away. A medical evaluation also creates an official record of your injuries, which is crucial for your claim.
2. Call the Police
Having an official police report is essential. The responding officers will document the scene, interview witnesses, and assess fault. This report will be a key piece of evidence when filing your claim.
3. Gather Evidence at the Scene
If you’re able, collect information that can strengthen your case:
- Photos of the vehicle, your injuries, and the accident scene.
- The driver’s contact and insurance information.
- Contact details of any witnesses who saw the accident.
4. Avoid Admitting Fault
Be cautious with your words. Don’t apologize or admit fault at the scene, as it could be used against you later. Simply provide factual information to the police.
5. Consult an Attorney Before Speaking with Insurance Companies
Insurance companies may contact you soon after the accident with a settlement offer. Speak with an experienced personal injury attorney first to ensure your rights are protected and you receive fair compensation.
Understanding Your Legal Rights After Being Hit by a Car
Texas law protects pedestrians, but navigating the legal system can be complex. If you were hit by a car while walking, you may be entitled to compensation for your injuries and losses.
Driver’s Duty of Care
Drivers in Texas are required to exercise caution and yield the right of way to pedestrians in crosswalks and other designated areas. If the driver violated traffic laws, was distracted, or acted negligently, they can be held responsible for the accident.
Texas Comparative Negligence Rule
Texas follows a modified comparative negligence rule. You can recover compensation as long as you are not more than 50% at fault for the accident. If you are partially at fault, your compensation will be reduced by your percentage of responsibility.
For example:
- If you are awarded $100,000 but found 20% at fault, you will receive $80,000.
Common Causes of Pedestrian Accidents in Houston
Houston’s bustling streets and intersections can pose significant risks to pedestrians. Common causes of accidents include:
- Distracted Driving: Drivers using their phones or other devices.
- Speeding: Excessive speed reduces reaction time and increases the severity of injuries.
- Failure to Yield: Drivers not stopping for pedestrians at crosswalks or intersections.
- Driving Under the Influence: Alcohol or drug impairment impairs judgment and reaction time.
- Inadequate Infrastructure: Lack of sidewalks, proper lighting, or pedestrian crossings.
These factors often lead to devastating injuries for pedestrians, who are far more vulnerable than drivers or passengers in vehicles.
Injuries Commonly Sustained by Pedestrians
Being hit by a car while walking often results in severe injuries, including:
- Broken Bones: Legs, arms, ribs, nose, and pelvis fractures are common.
- Traumatic Brain Injuries (TBI): Even a mild concussion can have long-term effects.
- Spinal Cord Injuries: These can lead to partial or complete paralysis.
- Internal Injuries: Damage to organs or internal bleeding.
- Cuts and Lacerations: From contact with the vehicle or pavement.
- Emotional Trauma: Post-traumatic stress disorder (PTSD) is common after such incidents.
Compensation Available for Pedestrian Accident Victims
As a pedestrian hit by a car, you may be entitled to compensation for the following:
Economic Damages:
- Medical Expenses: Current and future treatment costs.
- Lost Wages: Income lost due to your inability to work.
- Rehabilitation Costs: Physical therapy, counseling, or other recovery-related expenses.
- Property Damage: Items damaged during the accident, such as clothing or personal devices.
Non-Economic Damages:
- Pain and Suffering: Compensation for physical pain and emotional distress.
- Loss of Enjoyment: Inability to participate in activities you once enjoyed.
- Emotional Trauma: Anxiety, depression, or PTSD caused by the accident.
If a loved one died in a pedestrian accident, you may be able to file a wrongful death claim to recover damages such as funeral expenses, loss of financial support, and emotional pain.
Dealing with Insurance Companies After Being Hit by a Car
Insurance companies often aim to minimize payouts. They may:
- Offer a low initial settlement.
- Claim you were partially or fully at fault.
- Delay processing your claim.
Having an experienced personal injury attorney handle communications with the insurance company can ensure you are treated fairly and receive the compensation you deserve.
Why Choose the Adley Law Firm?
- Over 30 years of experience helping injury victims.
- Thousands of successful cases and millions recovered for clients.
- Personalized attention and compassionate support.
- No fees unless we win your case.
Contact the Adley Law Firm Today
If you were hit by a car while walking in Houston or anywhere in Texas, don’t face this difficult time alone. The Adley Law Firm offers free consultations and works on a contingency fee basis, meaning you pay nothing unless we win your case.
Call us today at (713) 999-8669 or fill out our online form to schedule your free consultation. Let us fight for you while you focus on your recovery.
