What Is My Pedestrian Accident Worth?

Pedestrian Accident Free Case Evaluation | Godsey Martin P.C.

If you or a loved one were recently injured in a pedestrian accident, you may have many questions about how much your claim is worth. What type of injuries can you recover compensation for? How is your compensation calculated? How long do you have to file your claim? Should you contact an attorney? To learn more about pedestrian accidents, including how an attorney can help you maximize the compensation you receive, continue reading here.

What Is a Pedestrian Accident?

A pedestrian accident occurs when a person who is walking, jogging, or running is struck by a vehicle, whether the vehicle is a car, truck, motorcycle, or bicycle. Common causes of pedestrian accidents include:

  • Distracted drivers or cyclists, including texting drivers.
  • Intoxicated drivers or drivers under the influence of drugs or alcohol.
  • Speeding.
  • Failure to yield or obey traffic signs.

What Types of Injuries Occur in Pedestrian Accidents?

Pedestrians lack the protections that come with vehicles, and depending on the circumstances, such as vehicle type, speed, and other factors, injuries suffered in pedestrian accidents can vary. The range of injuries is wide, from minor cuts, scratches, and bruises, to long-term debilitating injuries, such as a traumatic brain injury. Common injuries suffered in pedestrian accidents include:

  • Soft tissue injuries. These include torn muscles, tendons, or ligaments, as well as sprained or strained wrists and ankles. 
  • Broken or fractured bones. Including shattered hips, broken ribs, and fractured elbows, broken bones are the most common injuries sustained in slip and fall accidents.
  • Brain, neck, and shoulder injuries. These can comprise traumatic brain injuries, dislocated shoulders, and concussions.
  • Back and spinal cord injuries. These can include herniated disks, nerve damage, and paralysis.

Depending on the type of injury you sustain, as well as other factors, recovery times can vary greatly, from a few weeks of healing for a broken wrist to several years of physical therapy for a spinal injury. The medical costs associated with these injuries can turn an already traumatic experience into an extremely stressful one.

How Does Texas Calculate the Value of My Pedestrian Accident Lawsuit?

The value of pedestrian accident cases varies as much as the injuries suffered in these cases. While we cannot provide an exact figure cannot, Texas considers several factors when calculating your claim value, including:

  • Lost wages, including future wages losses.
  • Medical bill, including future medical costs.
  • Property damage.
  • Noneconomic damages, including emotional distress, anxiety, and pain and suffering.
  • Punitive damages awarded in cases where the actions of the defendant involved gross negligence.
  • Your conduct or fault in the accident.

Texas is a proportionate responsibility state, which means that if you are determined partially at fault for an injury or accident, your damages can be reduced. If it is determined that you are mostly at fault or responsible for your accident, you will not be able to recover any compensation.

Considering all these factors, your pedestrian accident settlement is intended to compensate you primarily for your injuries, the severity and permanence of those injuries, and the effects of those injuries on your life and career.

It is important to note that in Texas, noneconomic and punitive damages are the hardest to prove, as state law has specific criteria to qualify for these damages. However, an experienced pedestrian accident attorney will be able to fight for you.

How Long Do I Have To File My Pedestrian Accident Claim?

Texas has a two-year statute of limitations for personal injury claims, including pedestrian accidents, that begins on the date of the accident. To be eligible to have your slip and fall case put before the court, you must file your claim within two years of the accident or you will essentially forfeit your right to recover compensation for your injuries. Failure to file your claim within the statute of limitations results in your claim being time-barred and prohibited from ever being filed.

To maximize your compensation, you should contact a reputable and experienced personal injury or accident attorney as soon as possible after you or your loved one has been injured.

Why Should I Hire an Attorney?

A personal injury lawyer with experience handling pedestrian accident cases can be invaluable when dealing with the complexities of Texas personal injury law. Not only can the right attorney maximize your financial compensation by better assessing your injuries and damages, but they will also manage all aspects of your claim. From filing an initial claim with your insurance company and obtaining documentation to negotiating settlements or going to trial, a lawyer is especially helpful when a case is complex or involves multiple parties who are at fault.

How Can Godsey Martin, PC Help Me With My Claim?

We understand that each case is unique, and the process of filing a pedestrian accident claim is a complicated one. With our extensive knowledge of Texas personal injury law, Godsey Martin, PC will assist you with every aspect of your pedestrian accident case, including:

  • Understanding your legal rights and options.
  • Filing a claim with your insurance company and/or the court.
  • Obtaining necessary evidence for the case, such as photographs of the accident, witness statements, and medical records.
  • Referring you to qualified medical professionals.
  • Handling all correspondence with the insurance companies and their lawyers.
  • Negotiating settlements with the insurance companies and their lawyers.
  • Getting compensation for medical expenses, pain and suffering, lost wages, and other damages associated with your pedestrian accident.

Filing a pedestrian accident claim in Texas may seem overwhelming at first. However, our law firm of over 90 knowledgeable attorneys provides you with a dedicated, professional, and personalized experience from the first day you contact us or enter our offices. We are available to help you 24 hours a day, seven days a week. There is no upfront cost with us. All our personal injury claims and cases, including pedestrian accident claims, are taken on a contingency fee basis. We don’t get paid unless you get paid! Contact us online or at 800-IGOTHIT (800-446-8448) for a free consultation about your pedestrian accident case.

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