The aftermath of an accident is usually abuzz with different activities. Everyone involved is primarily concerned about their safety and well-being. As a result, most of them call the police and ultimately seek medical evaluation for their injuries. However, it is only a matter of time before the question of fault arises. Oftentimes, the blame game starts at the scene where one or more parties accuse the other of having caused the accident. Eyewitnesses and investigative officers may also contribute to answering the question of fault.
Since pedestrians usually do not have a protective shield around them, the harm suffered is often life-threatening. Even a minor accident can have catastrophic consequences. Many times, drivers are to blame for these pedestrian accidents, but not without waging a fight. Very often, such drivers will try to shift fault to individual pedestrians arguing that they were equally to blame. Contributory negligence in Missouri City pedestrian accidents is a common defense many parties use to deny negligence. Even so, injured victims may qualify for compensation when someone else is at fault.
How Fault Works
Fault in pedestrian accidents is established by pinpointing the negligence of the parties involved. As a common basis for determining liability in personal injury cases, negligence is defined as careless and thoughtless behavior that results in foreseeable harm. Therefore, among the elements you must prove in a pedestrian accident case include:
- Existence of a legal duty of care
- Breach of duty
- Causation
- Damages
These elements go hand in hand, in the sense that one element is hinged on the other. For example, you must show that the other party owed you a duty of care, but breached it by speeding or driving aggressively, thus causing a foreseeable and preventable accident. Proving a form of neglect in this kind of accidents, such as contributory negligence in Missouri City pedestrians incidents, can be difficult, more so if you suffered grievous harm. Fortunately, a compassionate personal injury attorney may guide you on what to do. What’s even better, he or she will handle the entire process on your behalf. In the end, you will ultimately have the peace of mind to focus on treatment knowing that a dedicated team is fighting for your rights.
For a free legal consultation, call (832) 449-8230
What Is Contributory Negligence?
Texas is a shared fault state, meaning that personal injury cases are determined based on each party’s role. No matter how many people are involved, each will carry their own faults. A skilled pedestrian accident attorney is critical to pinpointing neglect in such scenarios. Although they will carry out independent investigations, they may still rely on police reports and witness statements to build a solid case based on specific acts of negligence. Contributory negligence in Missouri City incidents lies upon each party’s degree of the fault.
While you may be blameworthy for the injuries you suffered, you can still pursue compensation. However, you must not be 50% or more to blame. For example, if the other party carries 51% fault, while you bear 49% of the same, you will certainly be eligible for compensation. The only downside is that your percentage will be deducted from your final settlement. To put this into perspective, being 49% at fault in a claim worth $50,000 would mean you only get paid up to $24,500, this being less your share of the fault.
Common Injuries Following Pedestrian Accidents
As mentioned earlier, pedestrian accidents are synonymous with causing significant bodily harm. While many injuries are manageable with treatment, some are long-lasting and permanent, thus placing additional financial and emotional burden on the victim. Some of the most notable injuries that are almost inevitable in pedestrian accidents are:
- Broken bones
- Cuts and bruises
- Whiplash
- Head injuries
- Spinal Cord Injuries
- Traumatic Brain Injuries
- Internal organ injuries
Pedestrians also get killed, especially in accidents involving motorists. For justice to be served in cases like contributory negligence in Missouri City pedestrian incidents, you may be compensated for your injuries through negotiating with insurance companies or filing a personal injury claim. If a loved one is killed, you also get a once-in-a-lifetime chance to seek wrongful death damages. The true value of your claim lies in working with a seasoned and dedicated attorney who understands what is at stake in your case.
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Contact our Pedestrian Accident Attorneys to discuss Contributory Negligence in Missouri City
Contributory negligence in Missouri City pedestrian accidents is a controversial topic that many people shy away from. You shouldn’t allow your lack of legal comprehension deter you from pursuing your rightful compensation. Consult today with our caring pedestrian incidents attorneys about your case to learn more.
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