Many accidents can scare you or even cause serious harm, but when you are involved in a pedestrian accident with a motor vehicle, the trauma lives forever. The catastrophic injuries that follow result in permanent disfigurement or disability, creating lifelong financial implications as you seek to adjust to the new norm. In the worst-case scenario, you may even lose a loved one.
Fortunately, pedestrian accident victims in Texas have the right to sue parties that cause them harm. By filing an injury claim in court or negotiating with insurance companies, you stand a chance to recover damages for your losses. However, dealing with selfish insurance companies on your own can be daunting, especially when you are desperate for settlement. Without a proper personal injury attorney, you may sign off your rights. That’s why it’s crucial to let a seasoned Harlingen pedestrian accident lawyer handle communication and oversee the process.
Because most pedestrian accidents involve vehicles, drivers are often at fault. An accident is imminent when a motorist fails to observe their surroundings or act in complete disregard for pedestrian rights and traffic rules. The results can be devastating, more so for pedestrians because they lack safety gear or protective shields. The major causes of these accidents are:
Statistics indicate that pedestrian accidents are more prevalent in Texas urban areas than rural places due to the high population in these areas. Nonetheless, pedestrians in rural locations can also fall victim due to the meanderings on county roads that make vehicles susceptible to rollovers and loss of control. No matter where your accident occurred, a skilled Harlingen pedestrian accident lawyer may help initiate a lawsuit within the Texas jurisdiction.
It’s not uncommon to see a pedestrian crossing a highway in an undesignated area. In fact, they are at a higher risk of being involved in an accident than those who use the crosswalks. A driver may not be aware of such movements away from the crosswalk and are likely not to react on time to prevent an accident. Even if you were not crossing at a crosswalk, there are unique scenarios that make it possible to recover compensation from the other party. For example, if you had yielded to traffic and waved at the driver who hit you to stop, but they didn’t, you may be eligible for compensation. Under such circumstances, it’s assumed that the driver ought to have seen you, but for distracted driving.
While you may collect damages under these scenarios, Texas is a comparative negligence state. This means that your fault could prevent you from collecting damages. Blame is shared between you and the other party. To successfully sue for compensation, your degree of responsibility must be 49% or below. Anything above these figures automatically disqualifies you from pursuing legal action against the other party. A qualified Harlingen pedestrian accident attorney must get to review the facts of your case to establish fault on each party involved.
The popular belief most people have is that drivers are always to blame for pedestrian accidents. However, this is not usually correct. Although most incidences stem from individual driver negligence, there are scenarios beyond their control. Other parties may be held responsible if their negligence caused the accident.
For example, if the brakes failed and the driver ran over a pedestrian, it may be assumed that the accident was preventable had the brake system been working. Similarly, an unmarked construction zone on a highway could result in an accident if the driver is unaware. These are just scenarios where other parties like the vehicle manufacturer and road construction companies may be at fault for a pedestrian accident. Since each personal injury case is unique, you need to retain an experienced Harlingen pedestrian accident lawyer to establish liability.
If you have been injured in a Harlingen pedestrian accident, it’s only fair that justice gets served. Texas laws allow you to recover compensation for medical expenses, lost wages, and any other loss you suffer due to the accident. The Harlingen pedestrian accident lawyers at Lone Star Injury Attorneys represent victims throughout the Texas area on a contingency fee arrangement where they don’t get paid unless you are compensated. Contact us today to get started.