Being struck by a motorist can be an extremely traumatic experience, often leading to chaos in various aspects of life. While your focus is on seeking medical treatment for your injuries, the thought of filing a claim may not initially cross your mind. However, if the accident resulted from the negligence of another party, it’s important to keep your legal options open. Fortunately, Baytown’s traffic laws provide protection for victims of pedestrian accidents caused by negligent driving.
According to a research, there were nearly 7,500 pedestrian deaths in 2021. If you or a loved one has suffered serious injuries in a Baytown pedestrian accident, the idea of engaging in a legal battle may be the last thing on your mind. Nevertheless, seeking closure by holding the at-fault party accountable for their actions or inactions may be necessary. Personal injury cases are typically based on negligence, and if this can be proven, you have a good chance of obtaining substantial compensation.
Our Baytown pedestrian accident lawyers have a proven track record of advocating for victims like you. We possess the necessary financial and legal resources to help you succeed in your case. Navigating the time-consuming, costly, and demanding legal process can be challenging, but you shouldn’t have to lose your case due to lack of legal support. We focus on the unique aspects of your case and provide aggressive representation to maximize your compensation.
Determining liability or fault is the first consideration for every accident victim before deciding to pursue a lawsuit. In most states, including Baytown, a pedestrian accident victim can only recover damages if the driver who struck them breached their duty of care. Drivers are generally responsible for operating their vehicles safely and must adhere to state and federal traffic regulations at all times. If it can be established that the driver violated these rules and caused you harm, your lawyer will hold them accountable for their actions.
It is also possible that another party, aside from the driver, may have contributed to the accident. For instance, the driver may have lost control of the vehicle while avoiding a road hazard, or the vehicle’s braking system may have failed. In such cases, an experienced pedestrian accident attorney can assist you in filing a lawsuit against third parties such as:
Although drivers are often at fault in pedestrian accidents, some incidents are beyond their control. However, a driver may be held liable for a collision if:
Your attorney may choose to sue one or multiple parties to secure maximum compensation for your injuries.
If you are considering filing a claim against an insurance company, it is important to understand how your damages will be calculated. In most cases, insurance companies, through their adjusters, will consider your quantifiable damages such as medical bills, lost wages, and other specific losses. They may then add a sum of money for pain and suffering, resulting in a final value known as general damages. These general damages encompass both your economic losses (such as medical bills) and your non-economic losses (such as pain and suffering). The final amount can vary based on the severity of the harm suffered, the nature of your medical treatment, and the duration of your recovery.
Alternatively, your lawyer may advise you to use a different method to calculate your damages in a pedestrian accident case. In this approach, your attorney may consider the level of pain you experienced and examine verdicts from jury trials in similar cases. Both parties would then engage in negotiations in an attempt to reach a settlement. If negotiations fail, your case would proceed to trial.
By hiring a Baytown pedestrian accident lawyer to handle your case, you are sending a powerful and unequivocal message to the defendant and insurance companies that you are taking the matter seriously. As a result, the insurance company will strive to provide you with a fair settlement to avoid the potential of a costly jury verdict in a trial. For further information, expert legal advice, and inquiries about representation, please contact us today or communicate with us online.
