Pedestrian accidents can be life-altering events because they involve vulnerable road users who have no cushioning during the crash. These collisions often leave victims in financial and emotional distress.
One of the most common concerns among victims and their families is the time it takes to settle a pedestrian accident claim. The timeline varies depending on elements that are unique to each case. Understanding these elements can help survivors set realistic expectations and make informed decisions about their claims in Texas.
Liability investigation
Texas applies a modified comparative negligence rule when assigning fault in a pedestrian accident case. According to these principles, there are exceptions to when a victim can recover damages. A pedestrian is disqualified from filing a claim if they are more than 51% responsible for the accident. To assign the percentages of liability to those involved in the accident, the investigation looks into:
- Reports that police have of the accident
- Statements from witnesses who were at the accident scene
- Footage from traffic cameras around the accident scene
The compilation of evidence can take anywhere from a few weeks to several months.
Medical treatment and recovery
The acuteness of a pedestrian’s injuries following an accident can impact the settlement timeline. It’s not uncommon for a pedestrian’s injuries to require ongoing medical treatment. In such a case, survivors should wait until they reach maximum medical improvement (MMI). This way, they can settle when they have either fully recovered or reached a stable condition where they expect no further improvement. Settling too early may result in inadequate compensation for future medical expenses.
Negotiations with insurance companies
Pedestrians who get involved in a car accident may be surprised to learn that insurance companies often make every effort to lower payouts. Survivors should expect an insurance company’s initial offer to be lower than what they deserve. Unfortunately, this can lead to back-and-forth negotiations that may last for months.
The last thing a pedestrian may want to deal with following an accident is a long waiting period before receiving a fair settlement. Unfortunately, while some cases may be resolved within months, others could take years. To expedite the process and help ensure fair compensation, pedestrians may want to enlist legal guidance to better advocate for them.
