If a pedestrian was at fault for an accident, they must assume their share of the blame when seeking monetary compensation. In some pedestrian accident cases, pedestrians may bear partial fault if they fail to abide by traffic signals or the laws that govern where they can walk.
A Corpus Christi personal injury lawyer can help you file an insurance claim or lawsuit if you suffered injuries in a pedestrian accident. They can handle your entire case while you rest and recover.
Pedestrians Must Follow Traffic Laws
Traffic laws apply not only to motorists, but also pedestrians and bicyclists. For example, crosswalks have signs and laws dictating when and where pedestrians can cross, and bicycle lanes have laws about their usage, as well. If a pedestrian or bicyclist fails to adhere to these laws and an accident occurs, they may share fault and become partially or fully liable for the accident.
Texas Transportation Code §552 restricts pedestrians from entering roadways in certain areas and situations. In some circumstances, pedestrians must yield to vehicles. These laws may apply to your car accident case if it involved a pedestrian who violated them.
Texas Follows a Modified Comparative Negligence Law
Under Texas Civil Practice and Remedies Code §33.001, you can recover compensation for a personal injury proportionate to your degree of fault, as long as it does not exceed 50%. This law applies to pedestrian accident cases.
We have offices in Houston, Corpus Christi, and Victoria; and will travel to any corner of Texas if we are capable of preventing an injustice.
Proving Negligence in a Pedestrian Accident Case
As with any personal injury case, pedestrian accident claims require you to prove another party’s negligence. This includes demonstrating the following elements:
- Another party, such as a motorist or pedestrian, owed you a duty of care to keep you safe.
- They breached this duty through some act or omission, such as by violating a traffic law.
- This breach directly caused or contributed to the pedestrian accident.
- You suffered injuries and financial losses due to the accident.
Whether you were a vehicle driver or pedestrian involved in a crash, you have the right to hire a lawyer to investigate the accident and gather evidence of fault.
Potential Forms of Evidence in a Pedestrian Accident
A pedestrian accident lawyer may gather the following forms of evidence to prove your case:
- Eyewitness statements
- Statements from expert witnesses, such as accident reconstructionists and medical professionals
- Traffic camera footage
- Police reports
- Pictures from the accident scene
Your personal injury attorney can handle evidence collection while you focus on your physical health.
Who Determines Liability in a Pedestrian Accident Case?
Typically, pedestrian accident victims can file claims with the driver’s insurance provider. From there, an insurance adjuster will investigate the accident and determine fault. This typically involves assigning percentages of blame to each at-fault party, which may include the pedestrian.
Your pedestrian accident lawyer can conduct an independent investigation and challenge an insurance adjuster’s determination of fault. They can negotiate for a settlement or present their findings in a trial before a judge or jury to seek a verdict.
Representing the injured in all areas of Texas that extends back over 40 years
Potential Compensation in a Pedestrian Accident Case
Pedestrians can suffer severe, life-threatening injuries when a vehicle strikes them. You may stand to recover various damages, such as:
- Current medical bills, such as for ambulatory care, emergency room care, surgeries, medical devices, specialists, and medications
- Ongoing medical expenses, such as for rehabilitative care and physical therapy
- In-home aid and home modifications
- Pain and suffering
- Disability
- Loss of quality of life
- Lost income, including benefits, bonuses, and paid time off
- Reduced earning capacity if you can no longer earn your pre-injury income
A pedestrian accident lawyer can assess your losses and assign a monetary value to your non-economic losses to ensure you seek fair compensation. They can handle negotiations with insurers and protect you from accepting an unfair settlement offer.
You need a skilled advocate to protect your legal rights and present your claim in such a way as to maximize your recovery.
You Can Hire a Pedestrian Accident on Contingency
Many accident victims worry about paying for an attorney, but you should know that many personal injury law firms take cases on contingency. Instead of charging upfront or hourly fees, they simply take a percentage of your compensation. This means if you do not win your case, you owe them nothing.
This takes a great deal of stress off your shoulders and allows you to begin your case immediately, which helps when facing legal deadlines. For example, Texas Civil Practice and Remedies Code § 16.003 generally states that claimants have the right to file a personal injury lawsuit within two years of the accident date.
The sooner you start your case, the better a pedestrian accident lawyer can protect your right to take legal action. It takes time to build a case, including investigating the accident and negotiating for a settlement with insurers. If the insurance company refuses to offer a fair settlement, you will want to be within your rights to take your case to court.
Make Sure to Seek Medical Care After a Pedestrian Accident
Regardless of your role in a pedestrian accident, you should seek medical care to assess and treat your injuries. The sooner you start receiving medical care, the better your chance of reaching maximum medical recovery. Even if you believe your injuries are minor, you should seek medical attention to rule out any symptoms that could signal a severe condition.
Call Carrigan & Anderson, PLLC for Help With a Pedestrian Accident Claim or Lawsuit
You don’t have to take on a pedestrian accident case alone. A personal injury lawyer from Carrigan & Anderson, PLLC can handle your case from start to finish. We can identify the liable parties involved and determine their percentages of fault for the accident. Contact us today for a free consultation.
At Carrigan & Anderson, PLLC we can talk to you about your options and rights.
