Channelview Pedestrian Accident Lawyer

Pedestrian accidents are an unfortunately common occurrence in Texas. Thousands of people suffer temporary and lifelong injuries yearly as a result. Additionally, injured pedestrians must deal with unexpected medical bills, surgeries, doctor’s appointments, emotional trauma, and physical therapy, all on top of being out of work and worrying about how they will care for themselves and their families.

When a negligent driver hits you, you should pursue your legal options with the help of a trusted personal injury attorney. The amount and type of compensation available can vary based on factors like the severity of your injuries and your level of responsibility for the accident. Consult with a qualified Channelview pedestrian accident lawyer about your claim as soon as possible.

Can Someone Be Responsible for Their Accident and Still Collect Money?

Liability plays a critical role in determining a case’s value. Texas follows a “modified comparative negligence” model known as the “51% Bar Rule.” Under this standard, an injured person can recover compensation if their percentage of fault for the accident is 50% or less. If they are found to be more than 50% at fault, they are excluded from recovering any money.

The court or jury determines the percentage of fault for each party involved in the incident. If the injured person’s contribution is 50% or less, their damages are reduced by their percentage of responsibility. For example, if a person is awarded $100,000 but found to be 30% at fault, they would receive $70,000. It is wise to hire a Channelview attorney who knows how the local negligence model affects pedestrian accident damages.

Proving Negligence in Pedestrian Accidents

To prove negligence, an injured pedestrian must show that a defendant is liable by establishing the four following factors:

• The driver owed a genuine duty of care to them
• The driver violated that duty
• The driver’s conduct caused their injuries
• The injured person sustained damages and losses due to these injuries

Some reasons behind a driver’s negligence could be speeding, driving under the influence, or distracted driving. Regardless of the cause of the pedestrian accident, a Channelview attorney can review the details of the event and gather the necessary evidence to prove liability.

Types of Compensation Recoverable for Pedestrian Injury Claims

There are three main categories of damages nationwide: economic, non-economic, and punitive. Economic damages are “physical” in that there are typically receipts or monetary amounts documenting the costs of the losses. Some examples include medical bills, lost income, and property repair costs. Non-economic damages, on the other hand, are more subjective. This includes pain and suffering, emotional trauma, and reduced quality of life.

Punitive damages are meant to penalize the defendant and to prevent similar actions in the future. They are generally at the court’s discretion. Courts do not often apply them unless the defendant’s behavior is particularly egregious, such as drunk driving or intentionally hitting someone with a car. It is best to consult with a Channelview pedestrian accident attorney who can assess the compensation available in a specific scenario.

Work With a Channelview Pedestrian Accident Attorney

Many factors can affect the amount you receive when filing a pedestrian accident lawsuit. With our legal team by your side, we will not let your medical bills and expenses build up. Insurance companies will do their best to put the blame on you to avoid paying you what you actually deserve. We are ready to push back and stand up for your legal rights. Contact our office today to get started with a consultation with a Channelview pedestrian accident lawyer.