Liability in Austin Pedestrian Accident Cases
Pedestrian accidents can be catastrophic. If you or a loved one have been injured while walking or jogging, you may be dealing with extensive medical expenses, extended time off work, severe pain, and other problems that make life challenging. Talking to a pedestrian accident attorney may be the last thing you want to do. However, a lawyer can help you understand your legal rights and other legal issues relating to your accident.
A personal injury attorney can determine liability in Austin pedestrian accident cases and more. At Felix Gonzalez Law Firm, we take the time to explain the legal issues relating to your pedestrian accident.
Pedestrian Accident Liability Elements
In Austin pedestrian accident cases, liability refers to the person or persons who are at fault for the accident. Determining liability is key because the liable person could be sued for damages.
Duty of Care
Drivers and pedestrians owe a duty of care to each other. Drivers must obey traffic laws and watch out for pedestrians so they do not cause harm to pedestrians. Pedestrians must use crosswalks and follow traffic signals so they do not walk out in front of a car that does not have time to stop.
Breach of Duty
If a driver or a pedestrian does not uphold their duty of care for others on the road or near the road, then there has been a breach of duty. For example, a driver who is speeding is breaching their duty, and a pedestrian who jaywalks is breaching their duty.
Causation
If the breach of duty is the direct cause of the injuries, there is causation.
Comparative Negligence
If more than one person is responsible for the accident, the legal system refers to the state’s comparative negligence laws. There is a modified comparative negligence rule, which states that an injured person filing a lawsuit can only recover damages if they are less than 51% at fault. The amount of damages awarded is reduced by the percentage of fault assigned to the injured person.
Damages
In legal terms, damages refer to the amount of money the liable person should pay. Damages are typically split up into two groups:
- Economic damages, such as medical bills, therapy, rehabilitation, future medical care, wages that were lost during recovery time, and future wages that are lost because of the injury
- Non-economic damages, such as pain and suffering, emotional distress, loss of enjoyment of life, disfigurement, and permanent disability
A lawyer can determine the amount of damages and use that number to determine how much compensation to pursue through a civil lawsuit. The court makes the final call on how much compensation is awarded to the injured person.
Ways to Determine Liability in a Pedestrian Accident Case
Determining liability can be straightforward if the Austin pedestrian accident was very clearly the fault of one person. Determining liability gets trickier when more than one person is at fault. If both the driver who hit the pedestrian and the pedestrian have some fault in the accident, then the state’s comparative negligence laws come into play. The injured person must have less then 51% of the fault in order to collect damages.
An experienced attorney can determine the amount of fault by performing a thorough investigation of the accident. This investigation may include looking at police records, collecting witness statements, watching video footage from security or traffic cameras, and even recreating the accident scene.
Ask a Austin Attorney About Liability in a Pedestrian Accident Case
Do you want to know more about liability in Austin pedestrian accident cases? If you have been injured in an accident and need a lawyer to explain your legal options, contact us right away. We are here to help you.
When you contact us, we can schedule a free consultation. This will help us learn more about your accident, and it will help you learn more about the ways an injury lawyer can assist you.
