Looking to file an insurance claim after a pedestrian accident in Houston? Call the Adley Law Firm
We will walk you through your options and help you understand your rights and the compensation you may be entitled to.
Pedestrian accidents are a serious concern in Houston, where the combination of high-speed traffic, busy intersections, and a growing urban population leads to numerous injuries every year. Navigating the claims process after a pedestrian accident can be complicated, especially when insurance companies use tactics to reduce or deny payouts. Knowing how insurance coverage works and what challenges you might face is essential for recovering fair compensation.
Understanding Insurance Coverage in Pedestrian Accidents
When a pedestrian is struck by a vehicle in Texas, several types of insurance coverage may apply. Houston’s unique traffic patterns and the high volume of uninsured drivers in the city add layers of complexity to these claims.
Driver’s Auto Insurance
In most cases, the at-fault driver’s liability insurance is the first avenue for compensation. Texas law requires drivers to carry a minimum of:
- $30,000 per person for bodily injury.
- $60,000 per accident for bodily injury involving multiple victims.
- $25,000 for property damage.
If the driver was negligent, their insurance policy should cover medical expenses, lost wages, and other damages up to the policy limits.
Uninsured/Underinsured Motorist (UM/UIM) Coverage
With a significant number of uninsured or underinsured drivers in Houston, this optional coverage on your own auto insurance policy can be critical. UM/UIM coverage applies if the driver lacks adequate insurance to cover your damages or if the driver fled the scene in a hit-and-run accident.
Personal Injury Protection (PIP)
Texas law requires insurance companies to offer Personal Injury Protection (PIP) coverage, although drivers can decline it in writing. PIP covers medical expenses and lost wages regardless of who was at fault, making it a valuable resource for injured pedestrians.
Health Insurance
Health insurance may cover medical costs not paid by auto insurance. However, if you receive a settlement, your health insurer may require reimbursement for any expenses they covered.
Key Challenges When Dealing with Insurance Companies
Filing an insurance claim after a pedestrian accident in Houston can be a daunting process. Insurance companies often prioritize their bottom line over your recovery, employing strategies to minimize or deny claims.
Low Settlement Offers
Insurance adjusters may quickly offer a low settlement, hoping you’ll accept before understanding the full extent of your injuries or damages. For example, in accidents involving severe injuries like spinal cord damage or traumatic brain injuries, the initial offer may fall far short of your actual medical and rehabilitation costs.
Blaming the Pedestrian
In Houston, where jaywalking and crossing outside of designated crosswalks are common, insurance companies may argue that the pedestrian was partially or entirely at fault. They may also scrutinize whether the pedestrian followed traffic signals or was distracted at the time of the accident.
Delays in Processing
Prolonged claim processing can pressure victims into settling for less out of financial desperation, especially when medical bills are piling up.
Excessive Documentation Requests
Insurance companies may request extensive documentation, such as detailed medical records, proof of lost wages, and witness statements, in an effort to overwhelm victims and discourage them from pursuing their claim.
Establishing Liability in a Pedestrian Accident
Determining fault in a pedestrian accident is critical for securing compensation. Texas law generally requires drivers to yield to pedestrians in marked and unmarked crosswalks, but pedestrians also have a duty to exercise reasonable care when crossing streets.
Evidence That Supports Your Claim
- Police Reports: These often include details about fault, such as whether the driver was speeding, distracted, or intoxicated at the time of the accident.
- Witness Statements: Eyewitness accounts can corroborate your version of events and establish that you were crossing legally.
- Medical Records: Detailed documentation of your injuries is essential for connecting them to the accident and justifying the amount of compensation you seek.
- Photographs and Video: Images of the accident scene, your injuries, and any surveillance footage from nearby businesses can strengthen your claim.
Comparative Negligence in Texas
Texas follows a modified comparative negligence rule, which means 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 fault.
For example:
- If you are awarded $100,000 but found 20% at fault, your compensation would be reduced to $80,000.
Insurance companies often attempt to increase the pedestrian’s share of fault to reduce their liability. A skilled attorney can challenge these tactics and help ensure fault is assigned accurately.
Compensation Available in Pedestrian Accident Claims
Pedestrian accidents often result in severe injuries and significant financial losses. Filing a claim can help you recover compensation for both economic and non-economic damages.
Economic Damages
- Medical Expenses: Coverage for hospital stays, surgeries, physical therapy, and other treatments.
- Lost Wages: Reimbursement for income lost during recovery and reduced earning capacity if your injuries prevent you from returning to work.
- Rehabilitation Costs: Expenses for ongoing therapy or specialized care, such as assistive devices or home modifications.
- Property Damage: Replacement or repair of items damaged in the accident, such as clothing, phones, or other personal belongings.
Non-Economic Damages
- Pain and Suffering: Compensation for the physical pain and emotional distress caused by the accident.
- Loss of Quality of Life: Reduced ability to engage in activities you previously enjoyed.
- Emotional Trauma: Anxiety, depression, or PTSD resulting from the accident.
For fatal accidents, surviving family members may file a wrongful death claim to seek compensation for funeral expenses, loss of financial support, and emotional suffering.
Role of an Experienced Attorney in Houston
Navigating the claims process without legal representation can leave you vulnerable to unfair treatment by insurance companies. An experienced Houston pedestrian accident attorney can help you:
- Investigate the Accident: Gather and preserve evidence to establish fault and build a strong case.
- Negotiate with Insurance Companies: Protect your rights and advocate for fair compensation.
- Calculate Damages: Ensure that all current and future expenses, as well as non-economic losses, are accurately accounted for.
- Litigate When Necessary: If a fair settlement cannot be reached, your attorney can represent you in court to pursue the compensation you deserve.
With a deep understanding of Houston’s roadways, traffic patterns, and local laws, a dedicated attorney is your best ally in holding negligent drivers and insurance companies accountable.
