Being struck by a vehicle while walking is one of the most traumatizing experiences a person can go through. If you were injured in a pedestrian accident with a car, you may be wondering if you can sue for your injuries. The answer is yes - in most circumstances, you do have the right to take legal action against the driver who hit you or the owner of the vehicle.

Filing a Claim After a Pedestrian Accident

When filing a claim, there are several factors that must be considered, including the circumstances of the crash, proof of the driver's liability, and the at-fault driver's insurance. It is important to speak with a personal injury attorney as soon as possible after the accident, so that your rights can be protected and all of the necessary steps can be taken to seek justice. Your attorney can help you gather evidence like medical records, witness statements, and forensic evidence at the accident scene.

Compensation for Injuries Caused by a Car Crash

If you were injured in a pedestrian accident, you may be entitled to compensation for financial damages as well as non-financial damages. You could be reimbursed for:

Spine injuries are one of the most debilitating injuries that can occur after a car crash. The spine is made up of a series of bones, discs, and nerves that run from the base of the skull to the pelvis. These bones, discs, and nerves work together to support the weight of the body, protect the spinal cord, and allow for movement. When the spine is damaged in a car crash, it can cause pain, paralysis, and even death.

If you or a loved one have been involved in a car crash and have suffered a spine injury, you may be entitled to compensation for your medical bills, lost wages, and other damages. An experienced personal injury lawyer can help you pursue the compensation you need.

Elements of a Successful Spine Injury Claim in Texas

Texas personal injury law allows car accident victims to recover compensation for their injuries if another driver was at fault. Negligent driving is often the root cause of severe car accidents. Spine injuries may result from:

Few things are more frightening than spotting a driver who is staring down at their phone or another distraction headed right for you, oblivious to your presence. Distracted driving accidents can be terrifying - and are generally completely preventable. The frustrating thing about car accidents involving an inattentive driver is how easily the at-fault party could have prevented the accident just by paying attention to the road. Distracted driving is not only dangerous, but it may be illegal in certain scenarios. Using a cell phone while driving may earn Texas drivers a ticket except in certain circumstances. If you were injured by a driver who was distracted by their cell phone or any other attention-grabbing stimuli other than the road, they may be financially liable to you for your injuries and other damages. It is generally best to work with an attorney while pursuing compensation for a distracted driving accident. 

Can Texas Drivers Use Cell Phones at All?

Cell phones are a very, very common culprit in distracted driving accidents. While Texas state law allows drivers over the age of 18 to talk on their phones using hands-free technology, some cities and municipalities have enacted their own ordinances prohibiting even this use of a phone. 

Otherwise, drivers in Texas may only use their phones in limited situations. For example, a driver may use their phone while stopped at a red light. Devices may also be used for things like navigation and playing music, if the car itself is not equipped with these integrations. Vehicles with integrated infotainment systems are still relatively new, and there is not yet a significant amount of legislation pertaining to their use. 

People do not generally leave home expecting to become involved in a motor vehicle accident due to another person’s carelessness. It can be difficult to remember what legal obligations you may have during an unforeseen emergency. However, it is important that all Texas drivers are aware of what the law says regarding their duties following a motor vehicle accident. These laws are in place to ensure that accidents can be properly investigated and legally addressed. Failing to follow the law during the aftermath of a car accident could potentially affect your claim.

Acting in compliance with Texas law may be helpful to your claim as your attorney begins to collect evidence and prepare your case. If you have been injured in a car accident caused by another party’s negligence, you may be legally entitled to recover compensation. An attorney may be able to help. 

What Texas Law Says About Your Obligations Following a Motor Vehicle Accident

The Texas Transportation Code sets out certain duties that drivers have after a car accident. A driver who has been involved in a motor vehicle accident that has injured someone, is reasonably likely to have injured someone, or causes damage to a vehicle must: 

Injuries sustained in slow-speed accidents can still be dangerous. When an accident occurs at high speeds, however, the probability of severe injuries increases astronomically. Human bodies were not made to endure the type of force involved in high-speed highway accidents. It is rare for everyone involved to walk away unharmed after such an accident. More commonly, an ambulance is needed due to the severity of injuries. 

If you were injured in a high-speed accident, your injuries might be lasting and painful. You may also find that you have become overburdened by the expenses associated not only with medical care, but with ordinary expenses after a prolonged absence from work. But you may be entitled to compensation for these costs and losses. 

Injuries Commonly Sustained in Highway Accidents

A majority of high-speed collisions take place on highways and interstates, although they may occur anywhere if another party is driving at excessive speeds. Common injuries resulting from high-speed accidents include: 

Delivery drivers go a long way toward making our lives more convenient. With everyone back to their post-pandemic busy schedules, you may not always have time to physically go to a store to search for the things you need. Using services like Amazon or UPS and FedEx can be much easier than driving around town looking for an item. The same is true for food deliveries - many families do not have the time or energy to cook every night. Parents can simply order dinner from their cell phones rather than loading young children into the car to go to a restaurant. 

However, there is no guarantee that all delivery drivers are as skilled behind the wheel as one would hope. These jobs often have high turnover, and drivers are often forced to make an unreasonable amount of stops in a short time. If you or your child have been injured by a delivery driver, you may be entitled to compensation. 

How Delivery Schedules Create Unsafe Driving Conditions

One of the main reasons that delivery drivers become involved in accidents is that they are always in a rush. National delivery companies often set schedules to which drivers cannot safely adhere. Amazon delivery drivers, as well as those who deliver for companies like DoorDash and GrubHub, are typically independent contractors who are paid per delivery, rather than hourly. This scheme can push drivers to make as many deliveries as possible as quickly as possible. 

Most people who work in riskier jobs are very familiar with Workers’ Compensation. It is a very well-known program that allows workers who get hurt on the job to have things like their medical bills and lost wages covered. Texas is fairly unique in that employers are not required to subscribe to Workers’ Compensation. Most other states do not give companies any choice in the matter. In Texas, however, many employers choose to forego Workers’ Compensation and opt for a different type of insurance. If you get injured at work, you should be covered under your employer’s insurance if they do not use Workers’ Compensation. If you were hurt at work and your company is a non-subscriber, you may have a few extra challenges while pursuing compensation. Jerry D. Andrews, P.C. is ready to fight for compensation on your behalf. 

The Differences Between Workers’ Comp and Self-Insured Claims 

Workers’ Compensation was designed and intended to create a streamlined process for injured workers to file a claim and start being compensated. Dealing with a non-subscriber can be a little more difficult. Rather than working with a public program, you will be up against a private insurance company. 

Like any other type of insurance company, they are interested more in profiting than making sure you have the compensation you need after a workplace injury. If you have ever needed compensation from a car insurance company, you have a fair idea of what to expect. This is one of the main reasons why you need an attorney to handle your non-subscriber claim. 

A drunk driving accident can come out of nowhere and shake up your life. One moment, you are driving along on a nice summer night. The next moment, a drunk driver has come flying out of a side street and hit you. Or maybe you had seen them swerving miles ago and had been trying to avoid them before the inevitable happened. Either way, you got injured because someone made the choice to drink and drive.

Depending on the severity of your injuries, you may be unable to work and losing income, or you could be getting buried under piles of medical bills. You deserve to be compensated for what has happened to you, and depending on the circumstances, you could have a claim against multiple parties. Our attorneys can work with you to help you decide who may be liable to you. 

Who Could be Held Responsible for the Accident?

Your lawyer will want to do a little digging in order to figure out who could be liable given the particular circumstances of your accident. Parties who you may have a claim against could include: 

Some lines of work are inherently dangerous. If you work in construction, or in a factory around heavy machinery, your risk of getting injured at work is very high. Many injuries that happen on job sites are relatively minor and will heal. Injuries like sprains or some broken bones often improve after a period of rest so that the injured person can go back to work. Other injuries are much more serious. Traumatic brain injuries can have major lifelong effects. Every traumatic brain injury is unique. The particular effects you may suffer depend on which parts of the brain are most affected by the injury. In many cases, a worker who suffers a TBI will not be able to come back to work and may need permanent disability payments through Workers’ Compensation or through your company, if they are a non-subscriber. 

The Effects of a Traumatic Brain Injury

A TBI is always a very serious injury that requires hospitalization. You may need to have brain surgery to relieve swelling, which can be risky. After the acute crisis period has passed, a TBI can have lingering effects on you, including: 

• Memory loss - While soap opera-like total amnesia is highly unlikely, many people who have had a TBI lose some memory. You may have difficulty recalling the events leading up to the accident, or you may not remember how to do certain tasks. 

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Rear-end collisions can range in severity from very mild, like a bump in a parking lot, to devastating, like when a semi-truck hits a sedan. The driver in back is nearly always responsible for the car accident, as they are generally the one who could have prevented the crash. The driver in front is usually powerless to avoid being struck from behind. Head, neck, and spinal cord injuries are somewhat common after a particularly hard rear-end impact. Wrist and arm injuries are somewhat less common, but likely to occur if the occupants of the front vehicle saw the crash coming and attempted to brace themselves. The driver in back is almost guaranteed to be found negligent outside of very particular circumstances where the front driver did something to deliberately force the collision. If you were rear-ended, an attorney may be able to help you recover compensation. 

Negligent Driving Habits That Cause Rear-End Collisions

A few particular careless habits are often behind most rear-end collisions. The driver who rear-ended you may have been: 

• Distracted - Distracted driving is one of the leading causes of rear-end accidents. All it takes is for a driver to look down at their phone for just a few seconds, maybe to read or send a quick text, and they may find themselves crashing into the car ahead of them. Cell phones are the most common distraction, but drivers can also be distracted by anything from children in the back seat to their car stereo.

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Everyone has encountered a driver with road rage at some point. If someone aggressively cuts you off, makes rude hand gestures, uses their vehicle to block your path, or yells at you out their window, you are likely dealing with road rage. Studies show that since the pandemic began, instances of road rage have increased quite a bit. Perhaps this is because people became accustomed to the lighter traffic and are having difficulty adjusting to the return of rush hour. Whatever the reason, all drivers should know how to respond to road rage when it is directed at them. While it is not always possible to prevent a road-raging driver from causing a car accident and hurting you, taking the right steps can help keep you safer before, during, and after a road rage crash. If you were injured by a driver with road rage, our lawyers may be able to help you recover compensation. 

Addressing Road Rage Before an Accident

As soon as you become aware that another driver’s road rage is directed at you, you can begin taking steps to avoid or mitigate an accident. You could: 

• Change course - If you can, make a turn to get away from the driver. 

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While bars and other establishments that sell alcoholic beverages for consumption on the premises can be held liable for a drunk driving accident their customer caused fairly easily, social hosts are only liable under very limited circumstances. “Social host” refers to anyone other than a licensed drinking establishment who provides alcohol to their guests. An individual throwing a party in their home and providing alcohol is the classic example of a social host. Generally, social hosts are not responsible for the conduct of their guests and cannot be held liable for the harm caused by someone who drives away drunk and gets in an accident. However, under some limited circumstances, you may have a right to pursue compensation from a social host. An attorney can help you determine which parties to file a claim against. 

What if a Social Host Serves a Minor?

If a social host knowingly serves an unrelated minor under eighteen years old, they may be liable if the minor goes on to harm someone else due to their intoxication. This often happens when parents of teenagers permit their child to throw a party and provide alcohol. Adults should know better than to give alcohol to children, who are likely unequipped to behave responsibly while intoxicated. Adults who serve alcohol to minors may be held liable for harm caused by the intoxicated minors. 

What if a Social Host Keeps Serving Someone Who is Extremely Intoxicated?

Another situation where a social host may be liable for a drunk driving accident caused by their guest is when the host overserves an already-intoxicated guest. For this rule of law to come into play, the guest being served must have been obviously intoxicated to the point where the host should have realized that the guest was a danger to themselves or others. For example, if a party guest has already fallen over or vomited and the host continues giving them alcohol, then the host may be liable for an accident caused by the guest. This is common at parties thrown by young adults who have not yet learned to respect their limits and others’ limits. 

You are probably familiar with the term “hit-and-run” referring to a car accident. In a hit-and-run, a careless driver crashes into another vehicle and then takes off. A miss-and-run is somewhat similar in that a careless driver causes a car accident and flees the scene. However, in a miss-and-run, the careless driver does not actually crash into you, but forces you to crash without making physical contact.

This type of accident can take several forms. It may be more challenging to prove a miss-and-run than a hit-and-run, but with a careful investigation, it can be done. Even if the other driver cannot be identified, you may still be able to recover compensation. It is important to contact an attorney as soon as you can after a miss-and-run. The sooner the investigation starts, the more evidence is likely to be available. 

How Do Miss-and-Run Crashes Happen?

You might also hear miss-and-run accidents referred to as “phantom driver” crashes. This is because it is often difficult to track down the person responsible for the crash. However, there are still ways you can recover, typically through your own insurance company. Miss-and-run accidents may happen in ways like: 

Car accidents can easily exacerbate an existing injury. Those who are already recovering from an acute injury or managing a chronic injury may be particularly vulnerable during a motor vehicle crash. If a negligent driver hit you and managed to make an injury you already had worse, you may be wondering how your claim will work.

The good news is that even if you were already hurt, the at-fault driver is still responsible for the change in your condition. They cannot escape liability by arguing that you already had an injury if their actions worsened it in any way. Handling your claim may be just a little bit more complicated, as you will need to calculate the costs and expenses associated with the exacerbation. It is important to work with an experienced personal injury lawyer in this case. 

What is the Eggshell Skull Rule?

In law, there is something called the Eggshell Skull rule to address exactly the type of situation where a negligent defendant has worsened the plaintiff’s existing condition or injury. Generally, the rule is that when someone carelessly injures another person, they are responsible for the entire amount of harm that they caused, even if the victim was particularly susceptible due to an existing condition. 

Insurance companies have one goal after a car accident: to settle your claim for the lowest dollar amount possible. They are quite skilled at this. The insurance company representative who calls you shortly after your crash may sound caring and friendly, but this does not mean that they will actually be able to help you. You are talking to a professional who is likely to be trained in high-pressure tactics designed to force you into taking an unfairly low settlement. When you have been injured and are still recovering, it may seem convenient for you to simply take a settlement offer and be done with it. However, this is rarely as good an idea as it might seem at the time. Your best bet is to work with an attorney who is prepared to advocate for you and protect your interests. 

Why You Should Have Legal Representation After a Car Crash

There are risks associated with trying to deal with insurance alone after you have been hurt in a car accident. An attorney who has more experience working out fair settlements that fully compensate accident victims can take steps to protect you.

The risks of handling a potential settlement without legal assistance include: 

Not all that long ago, personal injury claims were structured much differently than they are now. Nearly all states used to practice what is known as “pure contributory negligence.” The rule of pure contributory negligence states that a person who is in any way at fault for their injury cannot recover damages from the responsible party. Even if the person seeking compensation was only minorly at fault for an accident, they would be barred from being awarded damages for their injury. Most states—including Texas—have enacted some type of comparative negligence rule, allowing the claimant to recover compensation, even if they had a portion of liability.

Understanding Proportionate Responsibility

Rather than comparative negligence, the state of Texas uses the term “proportionate responsibility,” but they mean the same thing. Different states have different percentage amounts that a claimant can be liable for before they are barred from receiving compensation. In Texas, this is referred to as the “51 percent bar” because a claimant can still recover compensation from another person if they are 50 percent or less liable for the accident that caused their injuries.

Calculating Proportionate Responsibility Award Amounts

In cases that involve a claimant who is partially responsible for their accident, the jury is instructed to compare both parties’ negligence and come up with whole number percentage amounts that assign liability to each party. Consider a situation, for example, in which two people get into a car accident and the jury determines that the claimant is 20 percent liable for the accident and the other party is 80 percent liable for the accident. After all of the evidence is presented, it is determined that the claimant suffered $500,000 in losses, including medical bills, lost wages, and other damages. The amount the claimant is entitled to collect would be reduced by 20 percent, leaving the other party only responsible for paying 80 percent, or $400,000.  

The costs of being hit by a negligent driver can far exceed the value of your vehicle and medical bills. When you stop and think about every expense or financial loss you would not be dealing with if it were not for your car accident, it  probably adds up more than you might have initially realized. The good news is that you can recover damages for quite a few different types of losses. The car insurance company is not likely to make an offer that fully compensates you if you try to negotiate with them alone. Before you speak with an insurance company, be sure to speak with an attorney who can give you a better idea of what your claim might actually be worth. 

What Types of Damages Can I Recover After an Auto Accident?

You probably already know that you can recover the cost of your medical bills and the cost of repairing or totaling out your vehicle. You may also be able to recover: 

• Lost wages - If you had to take time away from work, you could recover the full amount of pay you lost. This can be a big deal for those who were kept away from work for a long period of time due to a long-term injury. In Texas, this can even include any income you will lose in the future. If you suffered permanent disability or had to change your career and are now getting paid less, these amounts may be compensable - and quite significant. 
• Pain and suffering - This includes both physical and emotional harm. The amount you could receive will depend on the nature and extent of your injuries. Future suffering can be factored in if you have a long-term painful injury. Emotional anguish can count as well. Car accidents can be frightening or even traumatic. Accident victims often struggle with concerns like anxiety, depression, or PTSD. Loss of enjoyment of life due to disability or disfigurement can be compensable as well.
• Punitive damages - These are less common. Punitive damages are intended to punish the at-fault driver if he was grossly negligent - behaving with a reckless disregard for the safety of others around him. This could include extremely reckless actions like driving while very intoxicated, street racing, or traveling at a dangerously high speed. 

Always speak with an attorney before accepting a settlement. You deserve to be compensated for the full amount of losses you suffered. 

In rare cases—but maybe not as rare as you think—the state can be held liable for car accidents. Drivers have a duty to use appropriate care to avoid accidents. The state has a duty to make sure the roads are reasonably safe to drive on. When road conditions are dangerous in a way that the state has control over, the state could be held responsible for any injuries that occur. If you get hurt in an auto accident due to hazardous road conditions, you may want to speak to an attorney to determine whether the state may be liable. 

What Kind of Road Hazards Can Cause Crashes the State is Liable for?

The state of Texas is responsible for maintaining the roads in safe condition. When it does not, it can be held liable for the injuries it causes. The state could be liable to you if your accident was caused by hazards like:

• Obstructed views - When you are trying to safely get through an intersection or exit a plaza, it is extremely important that you are able to see traffic coming from both directions, important signs, and anything else in your path. When bushes or trees are allowed to grow out of control, they can obstruct drivers’ view. This can lead to accidents as drivers cross paths with other vehicles they could not see. 
• Night vision - Reflective paint should be used to mark lanes. When reflective paint has faded too much or was never used in the first place, it can become nearly impossible for drivers to see where their lane is when it is dark out. This can lead to collisions when drivers move out of their lane. 
• Inadequate shoulders - When drivers experience a mechanical issue, a fender bender, or a situation inside the vehicle they need to address, the responsible thing to do is to pull off the road onto the shoulder. When a shoulder is present but too narrow, people who have pulled onto the shoulder may be in danger of getting hit by another vehicle. 
• Road design - In a few cases, a road is so badly designed that accidents are nearly unavoidable. A curve that is too sharp and does not have a reduced speed limit, an intersection at the bottom of a steep hill, or dangerous lane-merging can render a road unsafe to drive on. 

If your injuries after a car accident may have been caused by the state’s negligence, an attorney may be able to help you recover damages. 

You are probably familiar with workers’ compensation. It is a specialized type of insurance that most employers pay for so that if a worker gets injured on the job, the insurance company pays the claim. In most states, workers’ compensation insurance is mandatory for most employers to carry. This is not the case in Texas. Some Texas employers opt-out of purchasing this type of insurance. These employers are referred to as non-subscribers. Should an employee of a non-subscriber become injured at work, the company itself may be liable to their injured employee. However, rather than simply filing a claim with an insurance company, you may need to take your employer to court. If you got hurt at work and your company does not carry workers’ compensation insurance, you should prepare for a potential lawsuit and contact an attorney immediately. 

How is the Claims Process Different if my Employer is a Non-Subscriber?

Getting compensation for your workplace injury can be somewhat more difficult. You will most likely need help from a qualified attorney, as the process can be difficult to navigate and may require litigation. However, if your litigation is successful, there are a few distinct advantages of working for a non-subscriber. 

Some key differences include: 

Valentine’s Day is supposed to be a fun and romantic holiday. However, some of the enjoyable gifts we associate with the holiday can become dangerous. There are certain risks associated with any holiday - drunk driving is always a big one - and a few that are unique to Valentine’s Day. Some of these risks affect everyone. Others are more likely to affect children. If you or your child suffered any of these injuries on Valentine’s Day, you may want to speak to a personal injury attorney to determine whether another party may be liable for your injuries. It is best to call a lawyer as soon are you are able to after your injury. The sooner an attorney can begin investigating your case, the easier it may be to build your case. 

What Valentine’s Day Injuries Might Someone Else Be Liable For?

Valentine’s Day is not typically thought of as a dangerous holiday, but it can be when people are negligent and celebrate in an unsafe manner. Common types of personal injuries on Valentine’s Day include: 

• Fires - Candles can be quite romantic, creating a pleasant, nice-smelling atmosphere. However, they can also be dangerous. Those who live in apartments, duplexes, or townhomes are the most likely to be at risk of getting injured in a fire started by a careless neighbor who has placed a candle too close to a flammable object. Fires may also break out when people who do not typically do much cooking make an attempt at preparing a romantic dinner and do not succeed. 
• Drunk driving - Many couples enjoy a bottle of wine or champagne on Valentine’s Day. Single adults may also indulge. This can become quite a problem if they attempt to drive themselves or their sweethearts home afterwards. Drunk driving accidents tend to increase a bit on this holiday. Few things are less romantic than a car crash and a trip to the emergency room. 
• Choking - Toys and candies given to children on Valentine’s Day can sometimes become dangerous when choking hazards are present. Even some stuffed animals can be hazardous if they have plastic eyes or other parts that can detach and wind up in a young child’s mouth. Children’s toys should generally be free of choking hazards.

Fun and romantic Valentine’s Day celebrations can quickly turn dangerous when appropriate caution is not exercised. If you or your child were harmed this holiday by someone else’s negligence, make sure you seek immediate medical attention - then call a personal injury lawyer.