Pedestrians are often at significant risk of being involved in accidents with vehicles, and many of these incidents are attributed to driver negligence and unsafe environments. When these situations occur, pedestrians are vulnerable to being hit by drivers. Unlike drivers and cyclists who have some protection in a collision, pedestrians are not shielded, making it easy to sustain life-threatening injuries or, in the worst cases, death. According to the Insurance Institute for Highway Safety (IIHS), 7,388 pedestrians lost their lives in 2021.
If you are hit by a motorist, you have the right to file a claim against the responsible party for your injuries. The law allows you to recover damages associated with the harm you suffered, including medical costs and pain and suffering. Depending on the circumstances of your accident, you may also be eligible for punitive damages. It is highly advisable to bring on board a Pearland pedestrian accident lawyer when filing a lawsuit. Contact a seasoned personal injury attorney today to learn how we can assist you.
In personal injury claims, fault is typically determined based on the negligence of one or more parties. The person found to be negligent in their actions is responsible for the damages they cause. However, there are unique situations where the pedestrian may have contributed to the accident. For instance, if you were crossing the road against the light while using your mobile phone and listening to music, you may be held partially accountable for the incident. The other party may argue that if you had paid attention to your surroundings and followed the traffic signals, you could have avoided being hit.
Nevertheless, even if you were partly at fault for the accident, you may still be eligible for compensation. The amount you receive will be reduced based on the degree of your fault. Texas follows a comparative fault law to determine the final amount. This means that if you were 20% at fault, the recoverable amount will be 20% less than the total value of your damages. For example, if your injuries are valued at $500,000 by the jury or your insurance company, the final settlement you receive will be $400,000. It is crucial to consult with a pedestrian accident lawyer near you regarding your comparative negligence.
To hold a party responsible for your damages, your attorney needs to establish that it is more likely than not that the other party is at fault for your injuries. You must demonstrate the connection between the cause of the accident and the party at fault. For example, if your collision was caused by a distracted driver, it is straightforward to assign blame to them. However, if the car owner knowingly allowed an incompetent driver to use their vehicle, and that driver caused the crash, the owner may also be held responsible.
Other potential defendants include:
After reviewing the facts of your pedestrian accident case, an experienced attorney can assist you in determining who is at fault.
In a pedestrian accident lawsuit, you may be eligible for various types of damages, similar to other personal injury cases. However, your lawyer must establish that you suffered harm as a direct result of the accident and incurred economic and non-economic losses. To support your claim for damages, you can provide evidence such as medical bills and documentation of lost wages, which can be easily quantified in monetary terms.
The potential damages may include:
An experienced pedestrian accident lawyer can assist you in pursuing all the damages necessary for your recovery.
The success of any civil litigation depends on how effectively the plaintiff presents their claims. While it is possible to file and present a case on your own, it is often in your best interest to engage the services of a Pearland pedestrian accident lawyer. Unfortunately, the claims process can be complex, and insurance companies often take advantage of claimants who are not represented by legal professionals.
Our attorneys are dedicated to serving your best interests and ensuring the success of your case. We will gather critical evidence, such as video footage, police reports, eyewitness testimonials, expert witness responses, and medical records explaining your injuries. To learn more about filing a lawsuit, contact us today.