It’s a sunny day, so you decide to get off the bus a few stops from North Star Mall and walk the rest of the way. However, as you cross McCullough Avenue, a car blows through the intersection on a red light. Before you know it, you’re on the ground, injured and in shock.
Pedestrian accidents can be devastating. Unlike a motorist, you aren’t protected by a heavy steel vehicle, so severe injuries like spinal cord damage and traumatic brain injury are common. If it happens to you, it’s important to understand that you have rights, including the right to demand compensation from the at-fault driver. In this article, we outline how Texas law protects injured pedestrians and the ways that a car accident attorney can help.
Understanding Pedestrian Rights in Texas: an Overview
In Texas, you have certain rights when it comes to road safety. The law mandates that drivers exercise caution and yield the right of way to pedestrians in certain situations, such as at marked crosswalks and intersections. When a driver fails to follow these rules and strikes you, you have the right to seek financial compensation for medical bills, lost wages, and other damages resulting from the accident.
Grounds for Filing a Pedestrian Accident Lawsuit in Texas
There are various grounds for filing an auto accident claim in Texas, including:
- Negligence: If the driver was negligent (meaning they failed to exercise reasonable care while driving), you might have a strong case. Common examples of negligence that can lead to pedestrian injuries include speeding, distracted driving, running a red light, or failing to yield at a crosswalk.
- Recklessness: More severe than negligence, reckless driving involves a willful disregard for safety. This includes actions like drunk driving, excessive speeding, or street racing.
- Intentional Acts: If a driver intentionally hits you, you can sue for assault and battery in addition to personal injury. While this is a less common ground for filing a personal injury lawsuit, it remains an option under appropriate circumstances.
For a pedestrian accident claim to succeed, you must prove that the negligent driver’s actions directly caused your physical injuries. This often requires gathering evidence, such as eyewitness testimony, police reports, traffic camera footage, and expert analysis. While this step can be challenging for you on your own, a Texas pedestrian accident lawyer can use their resources to compile the necessary information.
Steps to Take After a Pedestrian Accident
Immediately after the accident, you’re probably in shock and pain from any catastrophic injuries. However, the steps you take in the aftermath can impact the success of your future insurance claim, so it’s important to remain calm and take the steps below, seeking help if needed.
- Seek Medical Attention: Your health and safety take priority. Even if you think you’ve only sustained minor injuries, it’s essential to get a medical evaluation. Not only does this protect your well-being but any injuries are documented for your claim.
- Report the Accident: Call the police and file an accident report. The police report, which will serve as an official record of the incident, can be valuable evidence in a personal lawsuit.
- Gather Evidence: If possible, collect contact information from witnesses, take photos of the accident scene, and note any traffic conditions or signage that may have contributed to the collision. This evidence can support your personal injury claim and provide a clear picture of what happened.
- Consult a Personal Injury Lawyer: Contacting an experienced personal injury lawyer as soon as possible can help ensure you receive the compensation you deserve. A skilled lawyer can provide guidance, handle negotiations with insurance companies, and represent you at trial if necessary.
Understanding Comparative Fault in Texas
Pedestrian accident lawsuits in Texas are subject to the state’s modified comparative fault rule. Under this rule, you can still recover damages even if you are partially at fault, as long as your fault does not exceed 50%. However, the compensation will be reduced by your percentage of fault.
For example, if you are found to be 30% at fault for the accident and the total damages amount to $100,000, you would receive $70,000. If you are more than 50% at fault, you will be barred from recovering any damages.
For example, one common concern is whether a pedestrian can still sue if they were jaywalking at the time of the accident. Jaywalking, or crossing the street outside of designated crosswalks or against traffic signals, is generally considered illegal. However, this does not automatically bar you from seeking compensation if you are hit by a motor vehicle while jaywalking.
Under the principle of comparative fault, you might still be able to recover damages if the driver who hit you was also negligent. The key is determining the degree of fault for both parties. For instance, if the driver was speeding, distracted, or otherwise disregarding traffic laws, their fault may outweigh your act of jaywalking. However, your compensation will be reduced by your percentage of fault.
Types of Compensation Available
When you are injured in a pedestrian accident, the financial and emotional toll can be intense. Fortunately, you may be entitled to various types of compensation to help alleviate these burdens. Depending on the circumstances, your settlement or award may include:
- Medical Expenses: Compensation for medical costs covers a wide range of costs, including emergency care, hospital stays, surgeries, medications, physical therapy, and any ongoing medical treatments. Future medical care expenses may also be included if your injuries require long-term care or rehabilitation.
- Lost Wages: Severe injuries from a pedestrian accident can result in time away from work. Compensation for lost wages includes the income you would have earned during your recovery period. If your injury leads to a long-term disability that affects your ability to work, you can also seek compensation for future lost earnings.
- Pain and Suffering: Beyond the tangible costs of medical bills and lost income, accidents can cause significant physical pain, mental anguish, and emotional distress. Compensation for pain and suffering accounts for the physical discomfort and emotional impact of the accident, such as anxiety, depression, and loss of enjoyment of life.
- Property Damage: If any personal belongings were damaged in the accident, such as clothing, electronics, or other items, you could seek compensation for repair or replacement costs. Although this might seem minor compared to medical bills, it is still an important aspect of your claim.
- Punitive Damages: In cases involving particularly reckless or intentional behavior, such as drunk driving, the court may award punitive damages. These are designed to punish the wrongdoer and deter similar conduct in the future. Punitive damages can substantially increase the total compensation you receive.
How Can a Texas Car Accident Lawyer Help?
Although Texas law does not require you to use a lawyer to resolve your claim, there are certain advantages to having legal representation. They include:
- Legal Experience: Personal injury lawyers are well-versed in handling cases like yours. They know the laws that apply to your claim and can make sure that all necessary paperwork is filed correctly and deadlines are met.
- Negotiation Skills: Insurance companies often aim to minimize payouts, offering settlements that may be far below what you deserve. An experienced accident lawyer can negotiate with insurance adjusters on your behalf, striving to secure a settlement that accurately reflects the extent of your injuries and financial losses.
- Support: A lawyer provides valuable support and guidance throughout the legal process. They can answer your questions, explain your rights, and help you make informed decisions about your case. This support can relieve some of the stress and uncertainty associated with pursuing a claim.
- Build a Strong Case: Personal injury lawyers know how to gather and present evidence in pedestrian claims. They can collect medical records, witness statements, and expert testimonies to build a compelling case that demonstrates the driver’s liability and the extent of your damages.
- Trial Representation: If your case goes to trial, having a personal injury attorney with courtroom experience is invaluable. They can present your case, cross-examine witnesses, and argue on your behalf to achieve the best outcome.
Most personal injury lawyers in Texas operate on a contingency fee basis, meaning that they don’t request a retainer or any other money upfront. Instead, they collect their attorney fees from your financial recovery. You therefore have nothing to lose by hiring a lawyer and a fair settlement to gain.
Speak to a Pedestrian Accident Attorney Today
If you are hit by a car in Texas, you have the right to seek fair compensation for your injuries and losses. By taking immediate action, gathering evidence, and consulting a personal injury lawyer, you can build a strong case and win the financial recovery you are entitled to.
At the Villarreal & Begum, LAW GUNS, we have helped many injured pedestrians just like you. For more information or to discuss your case, call our law firm at (210) 800-0000 or contact us online today. We look forward to being of service during this difficult time.
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The Villarreal & Begum, LAW GUNS dedicates their time and effort towards helping people in Texas find justice for personal negligence encountered while living their normal, everyday lives.