Advocating For Houston’s Injured Since 1996

Law Office of Shane R. Kadlec

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HOUSTON PEDESTRIAN ACCIDENT LAWYER

Walking on streets in TEXAS is becoming increasingly dangerous with each passing year. The Governor Highway Safety Association had predicted that in 2019, there would be 6,600 pedestrian deaths in the country. This figure was the highest number of pedestrian deaths recorded in more than 30 years. The report also projected that pedestrian deaths would account for 17% of all traffic related deaths in 2019.

Most victims of pedestrian accidents require months or even years of intensive medical treatment and rehabilitation before they recover. Pedestrians have no protection if they are involved in an accident unlike motorists who have seatbelts and airbags, or motorcyclists and bicyclists who wear helmets and other protective and safety gear.

GROUPS OF PEOPLE MOST LIKELY TO BE INVOLVED IN PEDESTRIAN ACCIDENTS.

While any pedestrian is in danger of being involved in an accident, certain groups of people are at a higher risk. According to the Centers for Disease Control and Prevention, the following are most at risk:

  • Children are a high risk group. Walking is a major mode of transportation for children and they are less likely to pay attention to traffic conditions. The height of children makes them difficult to be seen.
  • Some occupations require employees to do their job close to traffic. For instance, police officers, construction workers, mail carriers, garbage collectors and parking officers work near roads. This type of worker is involved in pedestrian accidents more often than others.
  • Teenagers and young adults between the ages of 15 to 29 are most likely to be treated for injuries as a pedestrian in emergency rooms in comparison to any other age group.
  • Unlawful street vendors who sell items such as bottled water and newspapers to motorists are at risk of getting hit as they maneuver through moving traffic to sell. In some communities, children are increasingly street-vending especially during summer holidays.

COMMON CAUSES OF PEDESTRIAN ACCIDENTS IN TEXAS.

Government agencies work diligently to ensure pedestrian safety by reducing speed limits, introducing stricter traffic laws yet pedestrian accident numbers continue to rise. Some major factors that contribute to pedestrian accidents are:

  • Driving under the influence of alcohol or drugs.
  • Distracted drivers or pedestrians.
  • Falling asleep while driving.
  • Speeding.
  • Street racing.
  • Traffic congestions.
  • Recklessness.
  • Bad weather conditions.
  • Failure to obey traffic rules.
  • Roadways in a bad condition.
  • Construction zone.
  • Pedestrians not using crosswalks to cross roads.
  • Absence of sidewalks or sidewalks in poor conditions.
  • Pedestrians wearing clothes of darker colors at night.

PLACES WHERE PEDESTRIAN ACCIDENTS ARE MOST LIKELY TO OCCUR.

Parking Areas.

In parking areas, pedestrians are often occupied with tending to their children, or pushing their carts, or carrying their packages. At the same time, drivers are looking for parking spaces, or reading store signs, or seeking directions on their smartphones. Parking lots are a hotbed for pedestrian accidents as both pedestrians and drivers are easily distracted in them.

Street repair and construction sites.

Construction of sidewalks, streets and buildings create temporary unsafe environment for pedestrians and can cause accidents.

Outside homes.

Some of the most tragic pedestrian accidents occur outside people’s homes when they back up their vehicles and cannot see or are too distracted to see a person or child behind them.

Places of attraction.

Popular stores and restaurants always have crowds waiting outside them to get in. These lines of waiting people often spill onto the streets and the possibility of pedestrian accidents increase.

TYPES OF INJURIES SUSTAINED IN PEDESTRIAN ACCIDENTS.

Most common pedestrian accident injuries are:

  • Broken bones and Fractures.
  • Facial damage.
  • Spinal injuries/ paralysis.
  • Loss of limbs and amputations.
  • Burns.
  • Lacerations.
  • Traumatic brain injuries.
  • Permanent disability.
  • Wrongful death.

PROVING NEGLIGENCE.

Negligence is defined as “Failure to take reasonable care to avoid causing injury or loss to another person.”

To prove negligence, the plaintiff (the injured party) must establish the following four main elements:

The defendant (the accused party) owed the plaintiff a reasonable duty of care.

Drivers, motorcyclists, bicyclists and even pedestrians owe a duty of care towards others on the roadways.

The Defendant breached his or her duty of care.

The breach of care by the defendant is the crux of the personal injury law. It is the plaintiff’s burden of proof to convince the judge or jury that there was a breach of care committed by the defendant.

The breach of duty by the Defendant caused the accident.

It is not enough to show that the Defendant was negligent, careless or reckless, it has to be established beyond reasonable doubt that his or her act of negligence was the main cause of the accident.

The accident caused compensable damages.

The plaintiff has to establish that he or she suffered damages due to the breach of duty by the Defendant. Damages may include physical injury, pain and injury, mental anguish, emotional distress, lost wages, loss of quality of life and/or property damage.
A victim of a pedestrian accident should enlist the services of an experienced Houston pedestrian accident lawyer to recover maximum compensation and also to help him or her explore other options and alternative ways to seek additional compensation for injuries sustained.

WHY HIRING A HOUSTON PEDESTRIAN LAWYER MAKES SENSE.

Many people who try to settle their pedestrian accident claims on their own do not get a fair deal from insurance companies. It is also difficult for the injured victim to gather relevant information and evidence while he or she is recovering from injuries sustained. Due to lack of knowledge of legal procedures and errors in their claim, a case is over before it began for many victims who do not hire a pedestrian accident attorney. A experienced law firm like ours will:

  • Identity potential defendant/s.
  • Gather accident reports, medical records.
  • Document all of the victim’s medical treatment.
  • Stand up to insurance companies and force them to consider a victim’s claim seriously.
  • Consult with leading pedestrian injury experts to determine what victim’s claim is worth.
  • Make sure victims do not miss deadlines by filing their claim on time.
  • Advice the victim so he or she can make informed decisions.
  • Help victims recover compensation from liable parties for lost wages, potential future income, medical expenses incurred and also help claim damages for the pain and anguish, mental distress, physical pain and loss of enjoyment of life.

Our firm of skilled negotiators and dynamic litigators takes cases on contingency fee basis. This means that a client doesn’t pay any legal fees till we don’t obtain a favorable verdict or settlement on the client’s behalf.

CONTACT A HOUSTON PEDESTRIAN ACCIDENT LAWYER AT OUR FIRM.

If you or your loved one has been injured in the Miami area due to the carelessness or negligence of any of the following :

  • Driver of a passenger vehicle.
  • Bus driver.
  • Motorcyclist.
  • Another pedestrian.
  • Manufacturer of a defective vehicle or product, or a
  • Government agency.

Then you deserve to be duly compensated for the injuries suffered and other damages. Call an experienced Houston Pedestrian Accident lawyer at our firm for a free case evaluation right away.