Will Adams Law Firm represents people who have been hurt in pedestrian accidents in Katy, Houston, and throughout Texas. We know just how devastating an accident involving a car, truck, or commercial vehicle can be when you are a pedestrian. We’ve helped others just like you get the full financial compensation they are owed when they were hurt walking on the sidewalk, crossing the street, or in a crosswalk, and we’re here to help do the same for you. In fact, in 2016, our firm obtained the largest jury verdict ($3.3 million with prejudgment interest) in a motor vehicle injury case in Harris County, Texas. That verdict was the 7th largest in Texas for 2016. This was on behalf of a pedestrian walking in a crosswalk at a major grocery store chain. We have handled numerous other pedestrian injury cases and reached confidential policy limits settlements.
Because pedestrians have nothing to protect themselves from collisions the way occupants of motor vehicles do, drivers need to always obey traffic rules, yield the right of way, and take extra precautions to keep pedestrians safe. When they fail in this duty and someone is injured as a result, they should be held financially responsible.
After you are injured as pedestrian, make sure you contact a lawyer to help you pursue your claim. Will Adams Law Firm can help make sure that you get the justice you deserve. You can have our Katy pedestrian accident attorneys provide an honest and thorough evaluation of your case when you call or complete an online contact form to receive a free consultation.
Many people assume that pedestrian accidents are not terribly complex. People who were traveling by foot and struck by motor vehicles are clearly the victims, and insurance companies will more or less automatically compensate these individuals. However, this is a dangerous misconception and not the case at all in practice.
Insurers are rarely willing to relinquish large sums of money. In many cases, insurance companies will even argue that pedestrians themselves were at fault for their own injuries. That was the case in our record jury verdict. Some insurers will have representatives quickly offer small lump sum settlements to unsuspecting victims, but these sums are almost always lowball offers that will not come close to paying for all your expenses or fully compensating you for the harms and losses you have experienced.
You want to have an attorney for your pedestrian accident case because they will be able to independently investigate your crash to collect important evidence and determine the true value of your claim. The lawyer can then handle all conversations with insurance companies on your behalf and work toward a fair and full settlement.
Will Adams Law Firm has been helping clients all over Texas for more than 25 years. Our firm was included in Top Verdict.com’s Top 50 Verdicts in Texas in 2016 for our $3,000,000 Pedestrian jury verdict and named Houston’s Top Lawyers for Personal Injury and Houston’s Top Lawyers for the People by H Texas Magazine. Will Adams is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization as well as being Board Certified in Civil Trial Law by the National Board of Trial Advocacy. Tad Adams and the Adams Law Firm has an AV Preeminent rating from Martindale-Hubbell, a peer rating denoting the highest level of professional excellence.
When you work with Will Adams Law Firm, we can negotiate with an insurance company to hopefully achieve a settlement that accounts for all of the damages you have incurred or will incur because of your accident. Our firm can also file a lawsuit and try your case to a jury when an insurer does not make an acceptable offer.
You might be dealing with several kinds of new expenses after your accident, but legal representation should not be one of them. Will Adams Law Firm handles cases on a contingency fee basis, so you pay absolutely nothing unless you receive a monetary award.
Pedestrian accidents can have a number of possible causes, but most crashes are the result of some kind of driver negligence. Some of the most common causes include but are not limited to:
Not all pedestrian accidents necessarily involve motor vehicles. Some pedestrians may also be injured because of businesses or other establishments not properly maintaining their property and pedestrians being injured because of certain hazards created on city streets.
The simple truth of most pedestrian accidents is that a pedestrian’s vulnerability usually means they suffer severe injuries. Most victims face staggering medical bills, but many others are unable to return to work for several weeks, months, or possibly even years. Some of the injuries people suffer in pedestrian accidents include, but are not limited to:
In addition, many pedestrians, unfortunately, lose their lives during pedestrian accidents. If you have lost a loved one in a pedestrian accident, Will Adams Law Firm can help you file a wrongful death suit to recover compensation for final expenses and your loss of support, among other losses.
Pedestrian accident claims can be complicated and overwhelming. Some of the most common questions we hear at our firm are listed below.
As long as you were no more than 50% responsible, you will be able to recover damages for your injuries. Under the terms of proportionate responsibility established in Texas Civil Practice and Remedies Code § 33.001, a person cannot recover damages when their percentage of responsibility is more than 50 percent. Texas Civil Practice and Remedies Code § 33.012 provides that the court must reduce the amount of damages by a percentage equal to a claimant’s percentage of responsibility. In other words, an individual awarded $100,000 in a pedestrian accident case but found to have been 20 percent at fault would have their damages reduced by $20,000 and ultimately recover $80,000.
Texas Civil Practice and Remedies Code § 16.003(a) establishes a statute of limitations (time limit) of two years for a person to file suit after the date of a pedestrian accident. Under Texas Civil Practice and Remedies Code § 16.003(b), the statute of limitations is also two years for wrongful death actions, but the cause of action begins accruing on the date of a person’s death, which could be later than the date of the accident. It is important to note that Texas Civil Practice and Remedies Code § 16.001 states that a person is under a legal disability if they are younger than 18 years of age, regardless of whether they are married or of unsound mind. The time of the disability is not included in a limitations period if a person entitled to bring an action is under a legal disability when the cause of action accrues, but a disability that arises after a limitations period starts does not suspend the running of the period. In other words, a minor who is injured in a pedestrian accident can file a lawsuit at any time until they turn 20 years of age. This is commonly referred to as a “tolling” statute.
The Governors Highway Safety Administration (GHSA) reported in 2017 that Texas had the third-highest number of pedestrian fatalities in the United States between January 2017 and June 2017 with 263. The fatality rate, or number of pedestrian deaths per 100,000 population, of 2.44 in Texas for 2016 was the ninth-highest in the nation. For the first six months of 2017, Texas had a pedestrian fatality rate of 0.93, or the 13th-highest in the country.
Texas was one of five states (along with California, Florida, New York, and Arizona) that accounted for 43 percent of pedestrian fatalities in the first six months of 2017, according to the GHSA. Three of the 10 counties in the United States with the most pedestrian fatalities in 2016 were located in Texas, as Harris County had 128 deaths, Dallas County had 84, and Bexar County had 68.
According to the GHSA, Texas was one of five states in the nation in which 80 percent of pedestrian fatalities occurred in the dark. Between 2014 and 2016, 1,356 of the 1,695 pedestrian fatalities in Texas occurred in the dark.
The GHSA reported that pedestrian fatalities nationwide increased 27 percent from 2007 to 2016 even though all other traffic deaths decreased by 14 percent. According to the GHSA, the almost 6,000 pedestrians killed in consecutive years was the highest total in 25 years.
According to the GHSA, the 5,987 pedestrian fatalities in 2016 represented 16 percent of the all traffic fatalities in the nation and was the highest percentage of any year since 2007. The percentage of pedestrian fatalities has increased each year since 2007, when it was just 11 percent.
The Centers for Disease Control and Prevention (CDC) reported that 5,376 pedestrians were killed in traffic crashes in the United States in 2015. This was an average of one pedestrian death every 1.6 hours, and almost 129,000 pedestrians were treated in emergency departments for non-fatal injuries.
According to the National Highway Traffic Safety Administration (NHTSA), 5,987 pedestrians killed in traffic crashes in 2016, and a pedestrian was killed every 1.5 hours on average. The two most common time intervals for pedestrian crashes were from 6 to 8:50 p.m. (26 percent) and from 9 to 11:59 p.m. (23 percent)
NHTSA reported that over two-thirds of the pedestrians killed in 2016 were men. Pedestrians between the ages of 50 and 54 accounted for the highest number of pedestrian fatalities.
NHTSA also reported that 52 percent of pedestrian fatalities involved pedestrians and drivers with no alcohol concentrations. The pedestrian had no alcohol but the driver had a breath alcohol concentration (BAC) of 0.08 or more in 7 percent of cases while a pedestrian had a blood or BAC of 0.08 or higher and a driver had no alcohol in 27 percent of cases.
If you sustained catastrophic injuries or your loved one was killed in a pedestrian accident in Texas, contact Will Adams Law Firm for legal assistance. You do not have to try to figure everything out on your own, and an experienced lawyer can help you get justice. The Will Adams Law Firm has a member of the American Trial Lawyers Association’s Top 100 trial lawyers, so we know what it takes to win your case. Call or contact us online to have our attorneys review your case and discuss all of your legal options during a free consultation.