Belton Pedestrian Accident Lawyer
Pedestrians are all over Belton. Due to the many pedestrians and the high number of motor vehicles on the road, collisions occur often. If you or a loved one were severely injured while walking on foot, it is absolutely imperative that you contact a Belton pedestrian accident lawyer as soon as possible. A knowledgeable personal injury lawyer can help make sure you receive the care and the compensation you need following an accident.
How to Prove Negligence
In order to prove that the driver was at fault and should be held liable for the pedestrian’s injuries, the pedestrian has to prove that the driver negligently caused the accident. Establishing that the driver was negligence requires these elements:
- The pedestrian has to show that the driver owed them a legal duty. The law typically requires drivers to exercise a duty of care when encountering pedestrians.
- The pedestrian must then show that the driver breached the duty owed to them. Meaning the driver did not behave as a reasonable, prudent person would have. Some ways this condition can be met include if the driver did not stop at a red light or stop sign, check for pedestrians before backing out, following the speed limit, and other traffic rules.
- The pedestrian must show that the driver was the proximate cause of their injuries.
- Finally, the pedestrian must demonstrate that they suffered actual damages. Some examples of actual damages include physical injuries, the resulting medical bills, and lost wages from the pedestrian’s inability to work due to the injuries.
If a person believes that the driver fulfills the conditions for negligence in their accident, they should contact a pedestrian accident attorney to discuss their case.
Comparative Negligence
Comparative negligence applies when the pedestrian may have been partially at fault. Texas is a modified comparative negligence state, meaning that they follow the law of “proportionate responsibility.” Under this theory, the pedestrian is only barred from recovering for their injuries if they were more than 50 percent at fault.
If the court finds that the pedestrian was less than 50 percent at fault, damages would be reduced proportionately to their level of fault.
What Can The Injured Pedestrian Recover?
The damages that the victim of a pedestrian accident can recover depend on the injuries that they suffered, as well as the level of culpability of the driver. Examples of damages that can be recovered by the victim of a pedestrian accident would include prior and future medical expenses, lost income, pain and suffering, emotional distress, and wrongful death damages if the accident resulted in the death of a loved one.
While damages could be reduced based on the pedestrian’s level of responsibility, they can also be increased if the driver behaved in such a grossly negligent or willful way as to invoke punitive damages. Some actions that could warrant punitive damages include drunk driving to willfully egregious acts.
Get in Touch With a Belton Pedestrian Accident Attorney Today
If you or a loved one has suffered injuries from a pedestrian accident, a Belton pedestrian accident lawyer can help you get the compensation that you deserve. Pedestrian accident cases are often complicated, and negligence can be difficult to prove. It is, therefore, important that you contact a lawyer to help provide evidence to support your case and walk you through the intricacies of the legal process.
You are not alone in this endeavor and must take action as soon as possible. Your rights as a pedestrian matter. Contact a Belton pedestrian accident attorney to get justice for your accident!
