Pedestrians can be at fault for road accidents in Texas. Like car drivers and other road users, pedestrians must act according to the road rules and adapt to weather conditions. If they fall short of this responsibility, they might be held partially or fully liable for the other party’s damages.
A pedestrian accident lawyer with our firm can examine all aspects of your case and help you determine who is at fault for your Texas road accident.
Proving Negligence Can Show Who is Responsible for the Accident
Certain criteria can help us point to who caused the accident. We will consider the following four elements in this pursuit:
- Duty of care: All drivers, pedestrians, and other road users must follow all traffic laws and keep everyone’s safety a top priority.
- Breach of duty: The road user may have failed to take proper care in your actions (e.g., jaywalking, distracted, reckless, disobeying traffic signals, etc.).
- Causation: Their disregard for others caused an accident.
- Damages: The accident has led to non-economic and economic damages for one or all parties involved.
If we can apply all four of these tenets to your situation, you might have a case for financial recovery.
Texas Pedestrian Laws That Could be Relevant to Your Case
Pedestrians must walk on the sidewalk and are only permitted to cross the street when prompted by traffic signals. Even so, Texas law dictates that they are prohibited from walking in certain areas, such as:
- High-traffic streets
If pedestrians are found to be jaywalking or walking in one of the areas listed above, and a car hits them, both parties may hold some degree of fault in the case.
A Shared Fault Pedestrian Accident Case
In a shared fault case, both the driver and pedestrian are partially to blame for the road accident. Thus, the Texas courts may assign proportionate responsibility and reduce financial recovery to both sides accordingly. However, to recoup any damages, you must be found less than 50% at fault for the pedestrian collision.
Our personal injury lawyers can look at the facts of the case and help you pursue damages. These tasks could involve:
- Interviewing key witnesses in the case
- Consulting your medical team to find out the extent of your injuries and your prognosis
- Ordering a copy of the accident report
- Looking at traffic camera footage
- Reviewing your medical records
- Collecting photos of your injuries and the other vehicle involved
Form of Financial Recovery You Can Pursue Following a Texas Accident
When you work with our firm, we can look at how the pedestrian accident has affected you financially, emotionally, and physically. Then, we will classify each of these related losses into two categories: economic and non-economic damages.
Potential Economic Damages for Texas Pedestrian Accident Victims
These damages come with a fixed price tag, so we can determine how much you lost by reviewing your medical bills, work history, and other related invoices.
- Past and future medical expenses: You might be billed for the ambulance ride, surgeries, blood work, pain medications, follow-up doctor’s appointments, and medical devices
- Lost wages: You could have missed work to recover from your injuries
- Future loss of earning potential: Returning to the same job might not be an option after a road accident. You might be unable to work at all. So, you can request financial recovery for wages you won’t be able to earn
- Property damage: If your car or other property was damaged in the accident, you could claim damages for the repair costs
If your loved one passed away from their road accident injuries, you can recoup the costs of their burial and funeral services and end-of-life medical expenses.
You Can Also Recover for Emotional and Physical Losses
The effects of a road accident can go beyond your finances and take a toll on your mental and physical well-being. In your claim or lawsuit, you can pursue a financial recovery for:
- Pain and suffering: Injuries can lead to chronic pain or discomfort. Many insurance companies pay for pain and suffering
- Mental anguish: Because accidents can be so traumatic, you might experience post-traumatic stress, anxiety, insomnia, and other mental health complications
- Scarring and disfigurement: Injuries can be so serious that they have affected how you move and look
- Loss of consortium: Your marriage might have been strained due to the aftermath of your accident
We only have a certain amount of time to file a lawsuit
It is best to get started on your case right away. Texas law generally gives only two years for claimants to file their personal injury or wrongful death lawsuit. If you don’t comply with the timeline, you might lose your chance to collect any financial recovery.
If you inform our lawyers soon enough about your accident, we could help you file all your paperwork in time.
D. Miller & Associates, PLLC™, is ready to help you after a Texas road accident
Miller & Associates, PLLC, offers legal services for pedestrians injured in a road accident. If you or a family member was involved in such a collision, we can help you through this difficult time.
Contact us and let us help you hold the at-fault party accountable today. We can also discuss what your options are if someone passed in your pedestrian accident.