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Drivers routinely tell the responding officer that the pedestrian stepped out, and that account can enter the report before anyone has looked at signal timing, crosswalk markings, sight lines, vehicle speed or the driver’s phone.
Being assigned some share of the blame does not end a claim in Texas. A claimant can recover so long as the claimant is not more than 50 percent responsible. Call 713-521-0059.
Signal and crossing timing data, nearby business and doorbell video, the vehicle’s event data recorder, roadway lighting complaints, and the physical evidence of impact point and throw distance.
Almost all of it is time limited. Video is overwritten and vehicles are repaired or salvaged with the recorder still inside.
Claims against a governmental unit carry their own notice rules. Section 101.101 entitles a governmental unit to notice not later than six months after the incident, and subsection (b) ratifies a city charter or ordinance requiring notice within a shorter charter period. Houston has such a charter provision, so the practical deadline can be far shorter than six months and far shorter than the two year limitations period.
Subsection (c) provides that the notice requirement does not apply where the governmental unit has actual notice of the death, injury or property damage. Do not rely on that. Give formal notice.
A Texas personal injury claim generally must be filed within two years of the injury under Section 16.003 of the Civil Practice and Remedies Code. Call 713-521-0059.
