As a pedestrian in Texas, you face certain risks when walking near busy streets. Whether you’re crossing the road, strolling on a sidewalk, or navigating through a crowded parking lot, accidents can happen when you least expect them. When they do, the consequences can be severe and even life-changing or fatal.
If you’ve suffered catastrophic injuries in a pedestrian accident, you’re likely wondering about the legal options available to you and what kind of fair compensation you can expect. In this blog, we explain the various factors that determine pedestrian accident settlements and how a Texas personal injury lawyer can help you maximize your financial recovery.
How Do Pedestrian Accidents Happen?
Pedestrian accidents occur when someone traveling on foot is hit by a vehicle, such as a car, truck, motorcycle, or even a bicycle. While they usually result from driver negligence (such as distracted driving, speeding, failing to yield the right of way, or driving under the influence) these accidents can also happen due to poor road conditions, inadequate signage, or pedestrian errors.
Since pedestrians are relatively vulnerable, they tend to suffer more serious injuries, such as broken bones, spinal cord injuries, traumatic brain injury, and even wrongful death. These injuries can lead to substantial medical bills, long-term rehabilitation costs, and lost wages if you are unable to work. The emotional and psychological toll can also be significant, affecting your quality of life and mental health.
Compensation in a Pedestrian Accident Claim
If you’ve been injured in a pedestrian accident, you have the right to file a personal injury claim. This claim, which serves as a formal request for compensation from the at-fault party, is typically covered by their insurance company. Here are the key components you need to address in your lawsuit:
- Medical Expenses: Document all medical treatments you’ve received due to the accident. This includes emergency room visits, hospital stays, surgeries, medications, physical therapy, and any future medical attention related to the injury. Keep detailed records and receipts as they will be crucial evidence in your claim.
- Lost Income: If your injuries have prevented you from working, you can claim compensation for lost wages. This encompasses not only the immediate loss of earnings but also any future income you might miss out on if your ability to work is compromised long-term. This calculation can include salary, bonuses, and other benefits you would have earned.
- Pain and Suffering: This category compensates you for the physical pain and emotional distress caused by the accident. While more subjective and challenging to quantify, it can be an essential part of your claim. Testimonies from medical professionals, mental health experts, and even personal accounts of how the injury has affected your daily life can support this aspect of your claim.
- Emotional Distress: Beyond physical injuries, accidents can have significant psychological impacts. Symptoms of anxiety, depression, PTSD, and other emotional conditions that arise due to the accident can be included in your claim. Detailed records from mental health professionals can substantiate these claims.
- Loss of Consortium: If the accident has affected your relationship with your spouse, you might be able to claim loss of consortium. This considers the impact on companionship, emotional support, and sexual relations due to the injuries sustained.
Factors Affecting Pedestrian Settlement Amounts
Because every pedestrian accident is different, there is no average settlement amount in Texas. There are, however, different factors that can influence the size of your personal injury settlement or court award, and understanding them can give you a better idea of what to expect.
Insurance Coverage
The insurance coverage of the at-fault driver plays a key role. In Texas, the minimum liability coverage requirement is $30,000 per person, $60,000 per incident, and $25,000 for property damage. However, not all drivers meet these requirements, and some may even be uninsured. If you are hit by an uninsured driver, you might need to rely on your own uninsured motorist (UIM) coverage if you have it.
Sometimes medical bills and pain and suffering exceed the available insurance coverage, especially with minimum policies and severe injuries. In such cases, pursuing the at-fault driver’s personal assets might be an option, but this can be a long and expensive process.
Fault and Liability
Determining fault is crucial in a pedestrian accident claim. While pedestrians generally have the right of way, there are situations where they may share fault. For instance, if you cross a road where there is no crosswalk or disobey traffic signals, you might be found partially at fault. Texas follows a modified comparative negligence rule, meaning if you are found to be more than 50% at fault, you cannot recover any compensation. If you are less than 50% at fault, your compensation will be reduced by your percentage of fault.
Severity of Injuries
The extent of your injuries affects the maximum settlement amount. More severe injuries, such as traumatic brain injuries, spinal cord injuries, or multiple fractures, result in higher medical expenses and greater pain and suffering. They can also lead to long-term or permanent disability. Courts recognize the need for higher compensation in such cases to cover ongoing medical care, lost wages, and the emotional toll of the injuries.
Risk Tolerance
Your willingness to accept or reject settlement offers can also affect the final amount. Some individuals may prefer a quick settlement to cover immediate expenses, while others might be willing to wait for a potentially higher verdict through a court trial. Insurance adjusters are aware of this and may push for a quick settlement, often offering less than what the case might be worth. It’s essential to have an experienced personal injury attorney to evaluate settlement offers and guide you toward a fair resolution.
Average Pedestrian Settlement Amounts in Texas
Due to the unique nature of each case, settlements can vary. Minor injury cases involving sprains or soft tissue injuries might settle for a few thousand dollars, whereas cases involving severe injuries or fatalities can reach hundreds of thousands or even millions of dollars.
For instance, a case involving minor injuries might settle for around $15,000 to $30,000. More severe cases, especially those involving long-term disability or significant pain and suffering, can result in settlements from $100,000 to $500,000. In catastrophic cases, such as those involving permanent disability or wrongful death, settlements can exceed $1 million.
How Long Does It Take a Case to Settle?
Several factors determine how quickly a pedestrian accident case can be resolved, such as the severity of your injuries and the willingness of both parties to settle. Generally speaking, most claims in Texas settle within six to twelve months after medical treatment is complete. Cases that go to trial can take significantly longer due to extensive evidence presentation and the need to rely on the court’s calendar. A personal injury lawyer can give you a better idea of what you expect in terms of timeline.
Injured? Speak to a Pedestrian Accident Attorney
If you’ve been injured in a pedestrian accident, understanding the potential settlement you might receive and the factors that influence it can help you determine when you’re getting a reasonable offer. Every case is different, and working with an experienced personal injury lawyer can improve your chances of securing a fair settlement.
If you have questions or would like to speak to a Texas pedestrian accident lawyer, reach out to the Villarreal & Begum, LAW GUNS, today. We will assess the value of your claim, prepare a demand letter, and negotiate or litigate for the financial recovery you need to move forward. Call our law firm at (210) 800-0000 or contact us online to schedule a free consultation and get started.
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The Villarreal & Begum, LAW GUNS dedicates their time and effort towards helping people in Texas find justice for personal negligence encountered while living their normal, everyday lives.