Legal Options for Injured Victims
According to statistics compiled by the National Safety Council, approximately 165 pedestrians are injured in accidents involving motor vehicles somewhere in the United States every day, and more than four of every five such accidents happen in urban areas. With the average passenger vehicle estimated at approximately two tons, the injuries suffered in a pedestrian–auto accident are often serious or even catastrophic.
What are the legal options for pedestrians injured in urban areas in Texas?
What Are Your Options for Getting Compensation After a Pedestrian Accident?
Typically, the first source to pursue for any type of compensation after a pedestrian accident is an insurance company. For medical expenses, you can initially look to your own health insurance provider. However, because Texas is a no-fault state for purposes of auto insurance, the at-fault party’s insurance company will ultimately be responsible for covering most of your losses. You should contact that insurance company as soon as possible, but it’s in your best interests to hire an experienced pedestrian accident attorney first. Your lawyer will be your advocate and liaison with the insurance company.
Of course, when you suffer a personal injury because of the wrongful acts, carelessness, or negligence of another person, you also have the right to file a civil lawsuit seeking compensation for:
- Lost wages or income
- Unreimbursed medical expenses arising out of the accident
- Physical pain and suffering caused by the accident
- Loss of enjoyment of life, commonly defined as the inability to do the things you enjoyed doing before the accident because of the nature and scope of your injuries
- Loss of companionship or consortium or the ability to have close family relationships because of your injuries
- Any damage or loss to property
In Texas, you must file a personal injury lawsuit within two years of the date of your accident or discovery of your injuries, whichever comes later.
At any time before or while your lawsuit is pending, you can seek to negotiate a settlement. Your lawyer should advise you of the advantages and disadvantages of doing so and will typically make a recommendation based on their experience and the facts of your case.
What Are Your Options If the Driver Failed to Stop After Hitting You?
The National Highway Traffic Safety Administration (NHTSA) found in 2021 that about one in every four pedestrian accidents involve a hit-and-run driver. If the person who caused your injuries fled the scene and cannot be identified, you still have recourse through the Texas Crime Victims Compensation (CVC) Program. This program, funded through court costs paid by persons convicted of crimes in Texas, pays certain costs incurred by crime victims, including hit-and-run victims. It may pay for medical expenses, lost wages, counseling fees, childcare, and funeral/burial costs.
To qualify for benefits through the CVC, you must be a resident of Texas, you must notify law enforcement officers of the crime within a reasonable period of time, and you must apply for benefits within three years of the date of the accident.
At Bailey & Galyen, we have more than 40 years of experience protecting the rights of personal injury victims in Texas and nationwide, including people injured in pedestrian-auto accidents. In our decades in practice, we have recovered hundreds of millions of dollars in settlements and verdicts for our clients. Contact us by email or call our offices to schedule a free initial consultation with a proven pedestrian accident lawyer. Our phones are answered 24 hours a day, seven days a week.
