If you were struck by a negligent motorist, a Houston pedestrian accident lawyer will help you pursue compensation for your injuries and other damages. They will investigate the incident, gathering evidence that can establish liability and support your demand for compensation, taking over all communication with the insurance company to protect your claim and your rights. Their goal is to help you secure compensation that will cover the cost of your medical bills, lost wages, pain and suffering, and other losses.
If you were struck by a negligent driver while walking around your Houston neighborhood, you must take legal action as soon as possible. At the Ben Dominguez Law Firm, our pedestrian accident lawyers in Houston, Texas, can help you recover compensation from the negligent driver’s insurance company and ensure you obtain the fair settlement and justice you deserve.
A Houston pedestrian accident lawyer will help you file a claim, investigate the accident and gather evidence that can establish liability and prove your demand for compensation. They will act as a barrier between you and the insurance company to prevent you from saying anything that could accidentally harm your claim, while also preventing the insurance company from pressuring you into accepting a lowball settlement offer. If the insurance company refuses to negotiate, your attorney can file a lawsuit on your behalf and represent you in court.
At the Ben Dominguez Law Firm, our Houston pedestrian accident lawyers can help by:
Investigating the Accident
Your attorney will conduct an in-depth investigation, gathering evidence that can support your claim, prove liability, and your demand for compensation. They may gather evidence such as traffic cam footage, photos of your injuries and the accident scene, witness statements, expert testimony, and a copy of the police report.
Consulting with Experts
At the Ben Dominguez Law Firm, our attorneys can consult with experts, such as accident reconstructionists to recreate the accident and prove the driver’s negligent actions resulted in the incident. They may also consult with doctors, surgeons, neurologists, physical therapists, and other medical professionals to learn more about your injuries, your prognosis and how your injuries affect your life. This can help them prove your demand for future medical care costs.
Forensic accountants and economists can help your pedestrian accident lawyer calculate compensation for loss of earning capacity or loss of future earnings.
Negotiating with the Insurance Company
The insurance company may contact you shortly after the accident to hear your side of the story and make a settlement offer. They may try to intimidate you or pressure you into accepting the settlement. When a Houston pedestrian accident lawyer at the Ben Dominguez Law Firm takes on your case, they will notify the insurance company that you have legal representation. This prevents the insurance company from contacting you further. If they have any questions or want to make a settlement offer, they must go through your attorney. Your lawyer will handle settlement negotiations, bringing every offer to you, advising you on whether to accept the offer or to make a counteroffer.
Filing a Lawsuit
If settlement negotiations are not successful, your Houston pedestrian accident lawyer will be prepared to file a lawsuit on your behalf. As they prepare your case for trial they will continue negotiating with the insurance company in an attempt to settle the case out of court. If the insurance company still refuses to make a reasonable settlement offer, your attorney will be prepared to fight for your right to maximum compensation in court.
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Soft tissue injuries refer to bruises, tears, sprains, and contusions, affecting the muscles, tendons, and ligaments. These injuries can be very debilitating, requiring extensive medical care, bedrest, and limited physical activity.
02
Fractures and Dislocations
Fractures in pedestrian accidents often affect the bones in the lower extremities, such as the tibia, pelvis, femurs, fibulas, and ribs. Areas prone to dislocations include the elbows or shoulders. The areas affected will depend on the point of the impact.
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Traumatic brain injuries (TBIs) result from head trauma or the brain moving inside the skull. Symptoms range from mild, like headaches and confusion, to severe, including mobility issues, behavioral changes, speech problems, and vision loss. Severe cases may require lifelong medical care.
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High-impact collisions can lead to spinal cord injuries, causing partial or complete paralysis that is temporary or permanent. A spinal cord injury can affect the accident victim’s mobility, may cause chronic pain, and numbness, depending on the location and severity of the injury.
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Injuries to the spinal cord or nerves can result in sensory and motor function impairment. Symptoms of nerve damage can include pain, burning sensation, tingling, and loss of sensation. In a pedestrian accident, the most common areas affected include the legs, feet, and hands.
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Blunt force trauma can cause damage to the internal organs, potentially leading to serious complications. Internal bleeding can occur when an organ is punctured, causing blood to escape to the surrounding areas. Organs that are commonly injured in a pedestrian accident include the spleen, the brain, and the lungs.
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Facial trauma from the impact may result in broken or damaged teeth. Other facial injuries can include cuts, lacerations, contusions, and bruises, and fractures to the jaw, nose, or cheekbones.
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Roach rash refers to scrapes or abrasions caused when the accident victim slides across the surface of the road. Serious cases can cause extensive damage to the skin, muscles, nerves, and tendons.
Testimonials
The 11 most common causes of pedestrian accidents in Houston include distracted driving, listening to music, failure to obey traffic signals or signs, speeding, poor visibility, weather conditions, impaired driving, reckless or aggressive driving, inadequate signage, failure to yield during left turns, and poor road conditions.
The most common causes of pedestrian accidents in Houston are listed below:
Distracted driving or distracted walking are both major causes of pedestrian accidents. In both cases, it can involve activities such as texting or talking on the phone. This causes both parties to take their attention away from the road and their surroundings.
A pedestrian wearing headphones and listening to music may look away from the road and will not hear an approaching vehicle or they may be distracted by changing the song or volume settings.
When a driver disregards traffic signals or signs they may fail to stop, slow down, or yield to a pedestrian at an intersection, resulting in a deadly accident.
When a driver exceeds the speed limit, they will require more room to stop, will be unable to adjust to sudden changes in traffic conditions, and have a reduced reaction time. Because of the higher speed, when a driver collides with a pedestrian it can result in fatal injuries.
Pedestrian accidents are more likely to occur at night, dusk, or dawn, when visibility is reduced for drivers and pedestrians. This can make it difficult for a pedestrian or driver to see the road. Unless the pedestrian is wearing reflective clothing, the driver may be unable to see the pedestrian until it’s too late to stop or swerve.
Rain, fog, or snow can impact visibility and contribute to slippery road conditions, increasing the risk of accidents. Poor weather conditions can reduce visibility, and can make the roads slippery or icy, making it difficult for the driver to stop in time, see the pedestrian, or avoid hitting a pedestrian.
When a motorist is driving under the influence of alcohol they experience poor judgment, blurred vision, slower reaction times, and poor coordination. This can make it more likely that that will fail to see a pedestrian in a crosswalk or road.
A driver engaging in aggressive or reckless behavior, such as failing to yield, erratic lane changes, or tailgating may not see a pedestrian crossing the road or in a crosswalk.
Inadequate signage or warning signals for pedestrians and drivers can contribute to accidents. A lack of signage can fail to alert drivers to the presence of pedestrians.
Drivers making left turns at intersections may fail to yield to pedestrians in crosswalks, leading to collisions. This type of accident is often caused by the driver failing to check for a pedestrian before they turn.
Poor road conditions can obstruct a driver’s visibility, making it challenging for a pedestrian to cross the road safely.
How much compensation you can recover after a pedestrian accident in Houston can depend on several factors, such as the severity of your injuries, how much time you missed at work, whether you’ll ever be able to return to work, and many other variables.
Following a pedestrian accident, you may be entitled to the following types of compensation:
Pain and suffering
Past and future medical costs
Lost wages
Property damage
Loss of earning capacity
Loss of consortium
Loss of quality of life
Emotional distress
Permanent disability
Scarring and disfigurement
Your Houston pedestrian accident lawyer will carefully review medical bills, pay stubs, and other documents to determine the amount of compensation you’re entitled to.
The Houston pedestrian accident lawyers at the Ben Dominguez Law Firm calculate economic damages by adding up the cost of bills and receipts related to medical treatment, lost wages, and personal property damage.
To calculate the cost of non-economic damages, they will use the per diem method or the multiplier method.
Per diem method.
When using the per diem method, your attorney will assign a daily dollar amount, usually the amount of the wages you earned daily at work, multiplying that value by the number of days you experienced pain and suffering.
Multiplier method.
Using the multiplier method, your Houston pedestrian accident lawyer will choose a number between 1.5 to 5 and multiply it by the total cost of your economic damages. The number chosen is based on the severity of your injuries. A higher value is used for life changing injuries.
Using documentation and the per diem method or multiplier method, your attorney can accurately calculate damages to ensure you pursue every penny of compensation you’re owed.
According to the Texas Department of Transportation (TxDOT), from 2019 to 2023 pedestrian traffic fatalities increased 22%, with pedestrians accounting for 19% of roadway fatalities. In Texas, 5,924 accidents involved pedestrians, resulting in 1,456 injuries and 808 fatalities.
Pedestrian Traffic Incidents in Texas (2019 - 2023)
If you were struck by a negligent motorist while walking in your Houston neighborhood, contact the Ben Dominguez Law Firm today. Our Houston pedestrian accident lawyers can help you pursue the compensation you’re owed for all of your accident-related costs.
At the Ben Dominguez Law Firm, our legal team will work tirelessly to help you obtain the justice and compensation you deserve. Contact us today to schedule your free consultation to learn more.
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If you were involved in an accident in Houston, TX, that was caused by the negligent, reckless actions of another, a Houston personal injury lawyer at the Ben Dominguez Law Firm can help. We understand how devastating the aftermath of an accident can be, especially if you’re recovering from severe injuries, and we want to help you obtain the justice and compensation you deserve.
Contact us today to schedule your free consultation and learn how the legal team at the Ben Dominguez Law Firm can help.
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