Vehicle drivers must look out for others on the road, including pedestrians. Unfortunately, drivers sometimes do not see walking commuters or give them enough space to stroll safely. Collisions involving vehicles and pedestrians often result in serious harm to the person on foot.
Negligence is a significant component of most pedestrian accident cases, and, fortunately, the law holds careless drivers accountable for their actions. Generally, individuals who suffer from another motorist’s recklessness can collect monetary damages with the assistance of a personal injury attorney. If a vehicle struck you while you were walking or running, a Fort Hood pedestrian accident lawyer can outline your options and protect your rights.
To collect damages after a pedestrian accident, the plaintiff must prove that the defendant or someone else behaved negligently, causing the collision that led to the injuries.
Negligence refers to a failure to use reasonable care to protect others from foreseeable harm. Drivers always need to avoid pedestrians in their path, so the fact that a motorist collided with someone on foot is generally sufficient evidence of their carelessness. However, another individual’s recklessness could also contribute to a pedestrian collision.
For example, if a car was in poor repair and a mechanical failure caused the incident, the vehicle owner might need to assume liability for the crash. If the automobile was defective, the car’s manufacturer might face responsibility. If the driver was operating under the scope of their employment when they hit the pedestrian, their employer could be to blame. A diligent attorney in Fort Hood can investigate the accident to determine exactly whose negligence injured the innocent pedestrian.
Sometimes a pedestrian might bear some liability for an accident. For example, if an individual was changing a tire at night without hazard lights or other indicators of their presence, a court might find their lack of precaution problematic. Similarly, a pedestrian who unexpectedly darts across a busy street instead of crossing at an intersection could face responsibility for their negligent conduct.
When a plaintiff partially caused the accident that led to their injury, Texas Civil Practice and Remedies Code §33.001 allows them to seek reduced damages from the other more negligent individual. However, if a judge or jury determines that an injured pedestrian is more than 50 percent responsible for the collision, the plaintiff cannot collect any compensation.
Comparative negligence can be stressful since a defendant might attempt to underplay their involvement in a collision. Fortunately, a tenacious lawyer in Fort Hood can fight back against allegations of shared blame to help protect the rights and integrity of a plaintiff injured in a pedestrian accident.
Damages are sums of money that acknowledge the accident’s effect on a plaintiff’s quality of life and reimburse the claimant for injury-related expenses. Plaintiffs often underestimate the full impact of their injuries. However, a compassionate legal representative could help a wounded pedestrian assess the true financial and emotional effect that being struck by a vehicle had on their lives.
Common damages associated with pedestrian accident cases include compensation for:
An injured pedestrian also could collect damages for their inconvenience, disability, physical pain, lost enjoyment of life, mental anguish, and other more subjective setbacks. If the accident renders a victim unable to engage in family life, their loved ones could claim damages for loss of companionship or consortium.
A seasoned attorney in Fort Hood can establish the true extent of a pedestrian’s injuries to maximize their compensation after a debilitating accident.
When unexpected trauma occurs, you need a compassionate and competent attorney to guide you. Finding the right legal representative could make all the difference if you were injured in a pedestrian accident.
Fortunately, a Fort Hood pedestrian accident lawyer might be the perfect ally. They can oversee communications with the negligent driver and ensure your claim gets the attention it deserves. Call today to schedule a consultation.