Walking is one of life’s simple pleasures, but it can also be dangerous – given the distracted, negligent, and reckless motorists on the road. A pedestrian is no match for a car, and going out for a stroll can end in tragedy when the two collide. When you have been hit by a car or truck and suffered injuries, you might want to consider consulting with an experienced pedestrian collision attorney.
Austin pedestrian accident injuries can be minor, serious, or catastrophic. They can lead to short and long-term medical issues, lost wages and ability to work, and pain and suffering, including mental anguish.
Given the weight and speed of a car relative to a person, any vehicle-pedestrian collision can result in significant injury to the foot-traveler. An Austin pedestrian can end up with many injuries from this type of accident, including:
It can take weeks, months, or even years to recuperate from injuries sustained in a pedestrian accident.
When a negligent motorist hits and injures a pedestrian, the pedestrian can bring an injury lawsuit against the driver who caused the accident. So long as the driver was more than 50 percent responsible, they can be held liable in a court of law and required to pay compensatory damages to the pedestrian.
Depending on what happened and the extent and types of injuries the Austin pedestrian suffered in the accident, they can claim economic as well as noneconomic damages. These damages might include physical and emotional pain and suffering, past and future medical costs, rehabilitation and physical therapy costs, disfigurement, lost wages, and lost earning capacity.
Texas Civil Practice Code and Remedies § 33.001 can adversely impact a pedestrian’s damages when the pedestrian is found to have been partially at fault for the accident, for example, by not abiding by right-of-way rules. This is an issue to discuss with a seasoned attorney.
Filing deadlines apply in injury lawsuits arising out of pedestrian accidents. Under state law, a plaintiff generally has two years from the date of the incident to bring the lawsuit. The consequence of missing this deadline can be the dismissal of the entire lawsuit, so it is important for an Austin pedestrian who has sustained injuries to consult with an attorney experienced with all filing deadlines for accident cases.
When the defendant in the case is a governmental entity, a shorter deadline applies. Before someone can file a lawsuit against the government, they first need to file a tort claim, giving them notice of the situation within 45 days of the accident.
Given the negligent manner in which many people drive, it is no wonder that innocent pedestrians are sometimes struck and injured by cars and trucks. These injuries can be severe and leave pedestrians with medical bills, physical pain, emotional suffering, lost income, and more.
When you were hit and injured by a vehicle while you were out walking, you might be able to bring an injury lawsuit against the negligent driver. An attorney experienced in filing suits involving Austin pedestrian accident injuries can help. Call today for a consultation.