When you go out for a walk–whether for exercise, to do your shopping, or to step across the street for a quick bite–you do not expect to get hit by a car or trip and fall because of a defective sidewalk. A pedestrian accident can lead to significant injuries, medical bills, and other disruptions that can throw your life into chaos. When you have been injured while out walking, an experienced lawyer can help evaluate the case to see whether you can bring a lawsuit against the responsible party.
There are many common causes of pedestrian accidents in Austin, including driver negligence and defective sidewalks. A skilled attorney can be a great resource in figuring out what to do next.
In many situations, when a pedestrian is hit by a motorist, the person at fault is the motorist and not the pedestrian. Drivers must exercise caution on the road, but they do not always meet the standard of care expected of them. When drivers breach their duty of care, innocent pedestrians can suffer the consequences.
Some common causes of pedestrian collisions caused by driver negligence in Austin include:
Innocent pedestrians–including young children and the elderly–can pay the price for the negligence of drivers on the road.
Not all pedestrian accidents involve vehicles. Another common cause of pedestrian accidents is defective sidewalks. People can get injured by tripping and falling or slipping and falling on a defective sidewalk.
Examples of defective sidewalks might include icy, bumpy, or cracked sidewalks, as well as sidewalks with inadequate lighting or covered with debris.
Whether the accident involved someone getting hit by a car or falling on a defective sidewalk, the injured pedestrian might be able to bring a lawsuit against the responsible party. In the case of a pedestrian-vehicle collision, the injured person needs to show the driver breached their duty of care by failing to drive in a way that was reasonable under the circumstances and that the driver’s negligence caused their injuries.
In premises liability actions involving defective sidewalks, the injured person needs to show the owner of the property–either the City of Austin or a private property owner–was negligent by creating or failing to fix the dangerous condition that caused the injuries. Lawsuits involving municipal defendants have extra steps and legal nuances in light of the Texas Tort Claims Act, making a skilled attorney an important resource in any situation where the defective sidewalk is public property.
Damages the pedestrian might receive include medical bills, physical therapy costs, lost wages, and pain and suffering. When the pedestrian is partially at fault for the accident, the court can reduce their damages by the percentage they contributed to the accident.
Whether or not a pedestrian accident in Austin resulted from a negligent driver, defective sidewalk, or other common cause, a knowledgeable lawyer can evaluate all the issues and possible damages.
Motorists and property owners have a duty of care to pedestrians. Unfortunately, because roads are full of negligent motorists and sidewalks have defects, innocent pedestrians can get injured while out walking. When you are one of those harmed, consider filing a lawsuit against the negligent party or parties. Call an experienced attorney who knows about injury lawsuits and common causes of pedestrian accidents in Austin. Reach out for a meeting today.