Pedestrians are often at significant risk of being involved in an accident with a vehicle. Many of these incidents are often attributed to driver negligence and unsafe environments. When these things happen, the pedestrian becomes vulnerable to being hit by drivers. Unlike drivers and bikers who are often somewhat protected in a collision, a pedestrian is not, making it very easy to sustain life-threatening injuries, and in worst cases, death.
When 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 the allowable damages associated with the harm you suffered. These damages include medical costs as well as pain and suffering. Depending on the circumstances of your accident, you may also obtain punitive damages. A Pearland pedestrian accident lawyer can be a valuable asset that is highly advisable to bring on board when filing a lawsuit. Call a seasoned personal injury attorney today to learn how we could help you.
In every personal injury claim, the fault is usually based on the negligence of one or more parties. The person determined to be negligent in his or her actions is responsible for the damages they cause. However, there are some unique scenarios where the pedestrian may contribute to the accident. For example, if you were crossing the road against the light while using your mobile phone and listening to music, you may be held partially responsible for the incident. The other party will argue that had you paid attention to your surroundings and followed the traffic signals, you would have been able to avoid being hit.
However, if you were only partially responsible for the accident, you may still qualify for compensation. The amount you receive will be reduced based on your degree of fault. Texas’s comparative fault law will be applied to determining the final amount you receive. This means that if you were 20% at fault for the accident, the recoverable amount will be 20% less than the total value of your damages. For example, if the jury or your insurance company values your injuries at $500,000, the final settlement you receive will be $400,000. Be sure to speak with a nearby pedestrian accident lawyer about your comparative negligence.
For any party to be held responsible for your damages, your attorney must prove that more likely than not, the other party is responsible for your harm. You must show the relationship between the cause of the accident and the party at fault. For example, if your collision was a result of a distracted driver, the blame can easily be tied to him or her. However, if the car owner knowingly entrusted the vehicle to an incompetent driver, and that motorist caused the crash, then the owner may also be held responsible.
Other potential Defendant include:
After reviewing the facts of your pedestrian accident case, an experienced attorney could help you determine who is at fault.
Like any other personal injury lawsuit, you may be entitled to several categories of damages. But before you are compensated, your lawyer must prove that you were indeed harmed as a result of this accident and that you incurred economic and non-economic losses in the process. This is where you can provide medical bills and lost wages to show damages that can easily be calculated into economic (money) terms.
Damages may include:
A knowledgeable pedestrian accident lawyer could work with you to obtain all the damages you need to recover from your injuries.
The success of any civil litigation is based on how best the plaintiff articulates his or her claims. And while it’s not disputable that you can file and present your case on your own, it is often in your best interests to retain a Pearland pedestrian accident lawyer. Unfortunately, the claims process can be complicated and insurance companies often take advantage of self-represented claimants.
Our attorneys will serve your best interests to ensure success for your case. We may obtain critical pieces of evidence such as video footage, police reports, eye witness testimonials, expert witnesses’ responds, and medical records explaining your injuries. To learn more about filing a lawsuit, talk to us today.