When you are struck by a car or other vehicle while out walking, you might wonder what type of legal action you can take against those responsible. The accident might have left you with severe injuries, unforeseen medical bills, and lost wages from not being able to work. An experienced attorney can explain your legal options and help make things right.
You might be able to bring an injury lawsuit to get compensation for your injuries. Damages in Austin pedestrian accidents can include both economic and non-economic damages, and an attorney can evaluate your case to see which kinds of damages might apply.
The negligence of a driver causes many pedestrian accidents. Drivers owe a duty of care to pedestrians and breach that duty when they drive carelessly or recklessly, which does not reflect how a reasonable person would drive. When a negligent driver hits and injures a pedestrian in Austin, the driver can be held liable for damages for the injuries caused by their negligence.
To win an injury lawsuit, the pedestrian needs to prove the defendant was more likely than not the cause of the injuries. When the jury decides the pedestrian was also partially negligent and contributed to causing the accident, the court will reduce the damages by the percentage they find the pedestrian negligent.
When a person wins an injury lawsuit arising out of an Austin pedestrian accident, the court awards them monetary damages to compensate their losses and put them back to the way they were before the accident. These monetary damages are divided into two categories: economic and non-economic.
Economic damages are easy to calculate and compensate the person for financial losses. Economic damages are sometimes referred to as special damages and include things like medical bills, lost earnings, future loss of earnings, and out-of-pocket expenses.
Noneconomic damages are not as easy to put a dollar figure on. They compensate the pedestrian for emotional losses. Noneconomic damages are sometimes referred to as general damages and include physical pain and suffering, mental anguish, impairment, disfigurement, and loss of enjoyment of life.
In rare cases involving reckless or malicious driver conduct, the injured person might be entitled to exemplary damages designed to punish the driver for their unacceptable conduct.
In some cases, an injured person might be able to get damages from the driver’s employer in addition to the driver. Under the principle of vicarious liability, an employer can be liable for injuries caused by its worker when the worker acted within the scope of their employment. Vicarious liability could apply, for example, when a delivery truck driver negligently backed into a pedestrian.
It can be important to hold employers liable for damages under a vicarious liability theory because they often have more financial resources than employees and are in the best position to employ safe drivers who exercise due care with pedestrians. A lawyer experienced with litigating Austin pedestrian accident cases will evaluate all possible defendants and damages to achieve the best possible result.
Pedestrian accidents can be serious and result in grave physical and mental injuries as well as massive bills and an uncertain future. When you are injured by a negligent driver, you might be able to bring a lawsuit for damages to compensate you for your losses.
Damages in Austin pedestrian accidents can include economic, non-economic, and (in rare cases) exemplary damages. Call for a consultation about your case.