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Dedicated Legal Support for Pedestrian Accident Victims in Brays Oaks
Walking through the Brays Oaks neighborhood should be a safe way to commute or exercise. However, with busy thoroughfares like Fondren Road and West Bellfort Avenue, pedestrians are often at risk due to negligent drivers. If you or a family member has been struck by a vehicle, reaching out to a Houston Pedestrian Accident Lawyer is a critical step in protecting your legal rights and securing your future.
At Nguyen & Associates, we understand the physical and emotional toll these accidents take. Our team is committed to helping residents in Brays Oaks and throughout Southwest Houston navigate the complexities of personal injury law so they can focus on their recovery.
Common Causes and Injuries in Pedestrian Accidents
Pedestrians have no protection when struck by a motor vehicle, often resulting in life-altering injuries. Most accidents in the Brays Oaks area are preventable and are frequently caused by:
- Distracted driving (texting or using GPS)
- Failure to yield the right-of-way at crosswalks
- Speeding in residential zones
- Driving under the influence of alcohol or drugs
- Aggressive driving and illegal turns
The resulting injuries can range from broken bones and severe lacerations to more complex conditions such as traumatic brain injuries (TBI), spinal cord damage, and internal organ failure. Regardless of the severity, you deserve a thorough investigation into the cause of your accident.
What to Do After Being Hit by a Car
The steps you take immediately following a pedestrian accident can significantly impact your ability to recover compensation. If you are able, follow these steps:
- Seek Medical Attention: Your health is the priority. Even if you feel fine, some injuries like internal bleeding or concussions may not show symptoms immediately.
- Report the Accident: Call the police so an official report is filed. This provides an objective record of the incident.
- Gather Evidence: Take photos of the scene, the vehicle that hit you, and your injuries. Collect contact information from any witnesses.
- Avoid Giving Statements: Do not admit fault or give recorded statements to insurance adjusters without legal counsel.
- Contact a Lawyer: Consult with an attorney who understands the local laws in Houston and Brays Oaks.
Understanding Fault and Liability in Texas
Texas follows a “modified comparative negligence” rule. This means that as long as you are not more than 50% responsible for the accident, you can still recover damages. However, insurance companies often try to shift the blame onto the pedestrian to reduce their payout. We work to establish the driver’s negligence by analyzing traffic camera footage, police reports, and witness testimony to ensure you are treated fairly.
Damages You May Recover
While every case is unique, pedestrian accident victims may be eligible to recover compensation for various losses. These generally include:
- Medical Expenses: Coverage for hospital stays, surgeries, physical therapy, and future medical needs.
- Lost Wages: Compensation for time missed at work and loss of future earning capacity.
- Pain and Suffering: For the physical pain and emotional distress caused by the accident.
- Disability and Disfigurement: Additional compensation for permanent changes to your quality of life.
The Legal Process and Timeline
The timeline for a pedestrian accident claim varies based on the complexity of the case and the duration of medical treatment. Generally, the process involves:
- Initial Investigation: We gather evidence and identify all liable parties.
- Medical Stabilization: It is often best to wait until you have reached Maximum Medical Improvement (MMI) to understand the full value of your claim.
- Demand and Negotiation: We present a demand package to the insurance company and negotiate for a fair settlement.
- Litigation: If a fair agreement cannot be reached, we are prepared to take your case to court to fight for your rights.
Frequently Asked Questions
How long do I have to file a claim in Houston?
In Texas, the statute of limitations for personal injury claims is generally two years from the date of the accident. It is best to act quickly to ensure evidence is preserved.
What if the driver fled the scene?
If you were the victim of a hit-and-run in Brays Oaks, you may still be able to recover compensation through your own Uninsured Motorist (UM) insurance policy. We can help you explore these options.
Can I still recover money if I wasn’t in a crosswalk?
Yes. While being in a crosswalk is safer, drivers still have a duty of care to avoid hitting pedestrians. You may still have a valid claim even if you were crossing elsewhere.
Contact a Brays Oaks Pedestrian Accident Lawyer Today
You do not have to face the aftermath of an accident alone. Our team provides compassionate, aggressive representation for injury victims in Brays Oaks and the greater Houston area. We offer a free consultation to discuss your case and explain your options.
Call us today at (713) 747-7777 or visit our contact page to schedule your no-obligation case evaluation. We work on a contingency fee basis, meaning you pay nothing unless we win your case.