At one point or another, every Texan becomes a pedestrian. It could be through walking, jogging, or running on the sidewalks or streets. Motorists are required to observe and adhere to state and federal laws regarding pedestrians. This means they should yield when need be, whether at a crosswalk or not. If an accident occurs purely from the negligence of a driver, bicyclist, or biker, the injured party has the right to initiate civil charges for compensation.
Unfortunately, some victims give up on their rights due to a lack of knowledge. They may not be aware of their constitutional rights, while others feel they are to blame for the accident and therefore give up. But this shouldn’t be the case. Even if you believe you were to blame, there is a higher likelihood that the driver who hit you was also negligent. By this virtue, you may be entitled to compensation for some of your losses. The best way to determine your eligibility is by discussing your case with a Fort Bend County pedestrian accident lawyer. Reach out to our experienced injury attorneys to learn more about your options.
According to the National Highway Traffic Safety Administration (NHTSA) data, over 70,000 pedestrians are injured while at least 5,376 are killed each year. This group is particularly vulnerable to these accidents since they lack protection around them compared to vehicle occupants. Although pedestrian accidents involving vehicles are the most publicized, there are many other ways they can suffer harm. They include:
Recovering damages in a Fort Bend County pedestrian accident case requires a clear demonstration of negligence on the defendant’s part. It is your attorney’s responsibility to prove with a preponderance of the evidence that you would not have been injured if the defendant upheld their duty of care towards you. For example, if a drunk ran you over, you may argue that the intoxication affected their sense of judgment, and had they not been drunk, the accident would not have occurred. No matter who is at fault, you must prove that:
Our resourceful Fort Bend County lawyer is essential in establishing and proving negligence in a pedestrian accident claim. Having handled similar cases in the Texas area, we know what it takes to prove negligence for maximum compensation.
A pedestrian may also be to blame for their injuries. For example, they might have been jaywalking, distracted with a cell phone, or crossed the road without looking both ways for traffic. In such scenarios, the defendant may argue that the plaintiff was also at fault. At this point, Texas comparative negligence rule applies. This means that you may be compensated, but since blame is shared, the recoverable amount of compensation will be reduced based on your degree of liability. However, to recover your liability must fall at 49% or below. For example, if you carry 40% of the blame, your final damage award will be reduced by this margin. Discuss your case with a seasoned pedestrian accident attorney to learn more about how comparative negligence laws work.
You are under no obligation to retain an attorney for your crosswalk injury case. However, statistics show that you are better off when represented by an attorney than when you self-litigate. In any case, our pedestrian accident lawyers handle all cases on a contingency fee arrangement which means you only get billed if you are compensated. Some of the benefits of retaining an attorney for your case are:
This list doesn’t exhaust the benefits of retaining a Fort Bend County pedestrian accident lawyer. To fully understand their role in your case, schedule a no-cost case evaluation as soon as possible. The legal team at Lone Star Injury Attorneys is eager to review your case and get you the compensation you are entitled to. Contact us today.