Houston-area pedestrian accident lawyer Everett Day holds negligent drivers accountable.
Accidents involving pedestrians or cyclists almost always result in serious injury or death. Pedestrians stand little chance against vehicles driven by negligent Houston drivers. Everett Day, a Houston pedestrian accident lawyer, can help victims of such accidents recover financially.
Injuries that pedestrians and cyclists suffer include cuts and scrapes, broken bones, spinal injuries, brain trauma, or tragically, fatal injuries. In fact, according to the Center of Disease Control and Prevention (CDC):
- Over 100,000 pedestrians went to the emergency room for non-fatal crash-related injuries in 2020
- A pedestrian dies roughly every 75 minutes as a result of a crash with a motor vehicle in 2020
- Alcohol and speeding are major factors
Pedestrian and bicycle accidents are complex cases due to their nature. The driver’s insurance company will almost always try to blame the pedestrian or cyclist for the accident. If the insurance company is successful, the driver will walk away without any liability. That’s why you need an experienced pedestrian accident lawyer like Everett representing you & your family and fighting for the compensation you deserve.
What leads to pedestrian accidents?
There are various causes of pedestrian accidents. You may be found negligent for having caused your own injuries if, for example: (a) you elect to not use a crosswalk, (b) you cross against a signal, or (c) you are intoxicated and fail to pay attention to on-coming traffic. However, motorists still have a legal duty to exercise use of care when operating their motor vehicles. This includes being aware of pedestrians and understanding when pedestrians have the right-of-way.
The driver may be held liable in an accident with a pedestrian or cyclist if the driver:
- Carelessly ignores traffic controls and signals
- Fail to see pedestrians, who may have the right-of-way, crossing the road
- Illegally pass school buses
- Drive while distracted, including texting
- Speeding
- Driving while intoxicated (DWI)
The particular facts of your accident will determine the driver’s liability. Pedestrian accident lawyer Everett Day will work to gather evidence to prove your claim, including finding and interviewing witnesses, reviewing police reports, gathering and analyzing medical reports, and conducting an investigation of the incident.
What kind of compensation can a pedestrian accident lawyer secure for a victim?
As an injured pedestrian or cyclist, you may be legally entitled to financial compensation for injuries you suffered due to a liable party. You maybe able to get compensation for:
- Past, current, and future medical expenses
- Lost income
- Loss of benefits, especially if your injury leaves you unable to work
- Pain and suffering
- Permanent disability
In the event that the accident leads to the death of a victim, the case becomes a wrongful death claim. If your loved one was a victim of a pedestrian or bicycle accident and they tragically passed away, you may be entitled to compensation for:
- Funeral and burial expenses
- Loss of household services
- Loss of companionship
- Loss of parental guidance & support
A pedestrian accident lawyer explains how much your case is worth
There are various factors that ultimately determine how much of an award you may receive in your pedestrian or bicycle accident case. While a free consultation with an experienced pedestrian accident lawyer will explain this in detail, the following will provide basic insight on how much your case might be worth.
Texas courts and comparative negligence
Texas tort law incorporates the principle of comparative negligence. In other words, Texas courts will determine how much at fault the plaintiff and the defendant are in regards to liability. For example, if a court finds that the defendant is 80% liable for the accident while you are the blame for the other 20%, then your potential judgment would be 20% less than what it would have been if the court found the defendant 100% at-fault.
Measurable economic damages
Your measurable financial losses is generally the starting point that determines the amount of compensation you may receive as a result of your injury. This includes all accident-related medical expenses such as ongoing treatment, medical equipment, and any modifications that may be needed for your home due to injuries and/or medications. Additional measurable financial losses include lost wages and income due to being unable to work, future forfeited earnings, and damaged or lost property, such as your bicycle.
This can range from several thousands of dollars for minor injuries to several hundred thousand dollars for catastrophic injury or death.
Non-economic damages
While economic damages are measurable and objective, non-economic damages are far more subjective. Compensation for non-economic damages generally center on considerations that cannot be assigned an objective monetary value. Typically, this has to do with changes in the quality of your life, pain and suffering, disfigurement, and emotional distress.
Non-economic damages are difficult to measure and are determined on a case-by-case basis. Pedestrian accident lawyer Everett Day will help you understand what to expect.
Contact Everett Day & Associates about your case.
If you have been hurt in an accident while walking or on your bicycle, it is time to call Everett Day, a veteran pedestrian accident lawyer. Contact the Law Office of Everett Day & Associates for your free consultation. Call 713-640-5875 to schedule an appointment. We serve clients across the Houston area including Kingwood, Pearland, The Woodlands, Katy, Sugar Land, and League City.
