If you or a loved one is a pedestrian who has been injured by a careless driver, it is important that you utilize all the resources at your disposal to make sure you receive the compensation you deserve.
Pedestrian accidents make up a small portion of traffic accidents, but they are disproportionately likely to result in serious injuries or death. Consequently, the convalescent period for pedestrians injured by cars is often long and arduous.
You should be able to focus on recovery and rehabilitation from your injuries and trauma without worrying about medical bills and lost wages. The Houston personal injury lawyers at Kherkher Garcia, LLP can help you get the most out of your claim so that you and your family can rest easy.
At Kherkher Garcia, LLP, our attorneys have over three decades of experience representing victims of negligent drivers. If you have been injured in a pedestrian vs. car accident, it’s important to get in touch with a lawyer as soon as possible. Contact the compassionate, dedicated lawyers of Kherkher Garcia, LLP at (713) 333-1030 today for a free consultation about getting the compensation you need.
The Impact of Pedestrian-Vehicle Accidents
Traffic accidents involving pedestrians are much more likely to result in serious injuries or death than accidents that only involve cars. The reasons for this are fairly simple: People walking down the street don’t have airbags or seat belts, or reinforced metal frames to protect them from injury.
The recovery process for severe injuries is often extremely rigorous, not to mention expensive. Physical therapy for back or neck injuries can take months or years, and traumatic brain injuries can have lifelong effects. The immediate aftermath of serious pedestrian accidents often involves an adjustment period for the victims, as they reconcile themselves to the trauma and lifestyle changes caused by the accident.
Most pedestrian-involved traffic accidents occur within roadways – that is, they don’t involve reckless drivers hopping curbs onto sidewalks. Instead, they are more likely to occur when pedestrians enter the roadway for one reason or another. Drivers are much less likely to be looking out for pedestrians than for other cars, so when a person walks onto the roadway to cross traffic or walks alongside the road in areas where no sidewalks exist, their risk of injury is quite high.
Drivers are expected to exercise due care when on roadways, whether there are sidewalks for pedestrians, crosswalks, or unmarked walkways. If a driver fails to exercise due care, either by speeding, driving while impaired, ignoring traffic signals, or some other form of reckless driving, their negligent behavior can cause serious and potentially fatal pedestrian injuries.
Pedestrian Accident Statistics
Pedestrians are becoming increasingly at risk of being involved in a traffic accident. Statistics include:
- 660 pedestrians were killed by cars in Texas in 2019. This is 5.43% more than in 2018.
- Another 1,215 pedestrian/car accidents resulted in serious injuries.
- 6,205 pedestrians were killed in the United States in 2019, a 2.7% decrease from the prior year. This is the most pedestrian fatalities in the U.S. since 1990.
- While traffic fatalities tend to decrease overall each year due to advances in vehicle safety technology, the number of fatal pedestrian accidents in the U.S. has generally been increasing since 2009.
- The number of pedestrians killed by drivers has risen by 45% nationwide over the last decade.
- 84 of 100 metropolitan areas surveyed by the Governor’s Highway Safety Association (GHSA) were found to have become more dangerous for pedestrians over the last ten years
Why Choose Kherkher Garcia, LLP?
If you have been injured in a pedestrian-involved accident, it is best to consult with an experienced Houston attorney as soon as possible in order to find out whether you are entitled to compensation and how much your claim is worth.
The Houston personal injury lawyers at Kherkher Garcia, LLP have three decades of experience representing pedestrians who have been struck by reckless drivers. Our attorneys only choose clients whose claims they believe in, which is why we operate on a contingency-fee-basis. That is, we only get paid if you receive compensation for your claim. Otherwise, you pay no attorney fees.
At Kherkher Garcia, LLP, we work hard to make sure that victims of pedestrian accidents are appropriately compensated for the physical, financial, and psychological hardship they have endured as a result of injuries that were no fault of their own.
Contact Kherkher Garcia, LLP
The Houston personal injury lawyers of Kherkher Garcia, LLP have a long history of winning settlements and jury verdicts for their clients. Here are some recent examples:
We won a $15,000,000 jury verdict for the family of a man hit by a reckless driver.
We reached a settlement of $3,250,000 for the victim of a hit-and-run who was left for dead.
Why Should I Seek Compensation?
Medical expenses and lost wages often represent only a fraction of the potential damage caused by a serious injury. However, that may be all the compensation that is offered by insurance companies who want to settle your claim as soon as possible.
That doesn’t account for the physical and psychological strain of recovering from a serious injury or the mental toll of living with chronic pain for months or years. It certainly doesn’t account for the long-term conditions, such as arthritis, back pain, or recurring headaches, that frequently develop months or even years after an initial injury. Nor does it account for potential lost wages, if your injuries are so debilitating that you cannot return to your usual occupation or any job at all.
It can be tempting to just get things over as quickly as possible by accepting a quick settlement from an insurance agent, especially when you’re trying to get your life back in order after a serious injury. But this shortsightedness can come back to haunt you, especially if complications from your injury arise as you age.
At Kherkher Garcia, LLP, we know this is the only chance you have to receive fair compensation for a potentially life-altering injury. We fight hard for every client because we know how much your claim matters to you and your family.
Texas Laws Governing Compensation
The statute of limitations in Texas dictates the length of time you are permitted to file a claim in the courts. You have two years from the date of the accident to file a lawsuit. If you don’t file before the two-year period expires, and you attempt to file your case late, the courts will likely dismiss it altogether. That dismissal means that you will have lost the opportunity to obtain compensation through the legal system.
In Texas, courts employ a standard of modified comparative negligence. This means the courts will attempt to assign a percentage of fault to every negligent party involved in a pedestrian-vehicle accident. For example, if a pedestrian was jaywalking when they were hit by a car, they may be considered to be 30% at fault, while the driver is found to be 70% at fault. If a party is found more than 50% at fault for an accident in Texas, they cannot receive any compensation.
The percentage of fault can affect the compensation awarded to the accident victim. In the above example, if the court found that the pedestrian was owed $50,000 in compensation but found that they were 30% responsible for the accident, their $50,000 of available damages would be reduced by 30% to $35,000.
What Is My Case Worth?
If you or a family member has been injured by a reckless driver, there is a good chance you’re now facing a series of unexpected, stressful challenges. You may be experiencing chronic pain, be unable to work, and find yourself dealing with enormous hospital bills. In these difficult circumstances, there is often the added burden of insurance companies trying to pressure you into accepting a quick settlement. However, these early settlement offers often do not represent what a victim’s claim is actually worth.
Estimating the value of any personal injury claim is complicated, and may vary depending on the circumstances of the accident, liability, and the severity of the resulting injuries. At Kherkher Garcia, LLP, our personal injury lawyers make sure to account for every variable in your case. That may mean consulting with traffic safety experts and investigators in order to determine the exact circumstances of your accident or researching precedential cases to determine the awards given to victims of similar accidents.
The goal of pursuing a personal injury claim is to receive compensation for the damage done to you. The effect your injuries may have on your livelihood is taken into consideration, as is the psychological pain and suffering you may experience as a result of your injury. Unlike totaling actual dollars and cents spent or owed for medical care and lost wages, assigning a value to emotional trauma is never a straight-forward process.
Generally speaking, a pedestrian accident victim may be owed compensation for losses, such as:
- Past and future medical expenses
- Lost income and reduced earning capacity
- Long-term care needs
- Property damage, such as a damaged cell phone or watch
- Pain and suffering
- Mental anguish
The only way to really get a sense of your claim’s value is to speak with an experienced attorney. At Kherkher Garcia, LLP, our attorneys have extensive knowledge of previous settlements and jury awards for pedestrians struck by cars in the Houston area, and we can help you get an idea of what to expect from your personal injury claim.
Contact the Attorneys of Kherkher Garcia, LLP Today
Call us today to set up a consultation to discuss your pedestrian accident claim and how to best go about pursuing it. You can reach our office at (713) 333-1030 or use the contact form on our website to schedule your free, confidential consultation with one of our Houston personal injury lawyers. We’re here to work for you.