Harker Heights Pedestrian Accident Lawyer
Texas roads are full of large vehicles and fast-moving traffic, and many are not designed for a pedestrian’s safety. When you walk on a roadway, there is very little to protect you in the event of an accident. As a result, you may be vulnerable to severe, or even fatal, injuries.
If you are injured in a pedestrian accident, your medical bills, ongoing treatment, and lost wages could be overwhelming. With the help of a skilled personal injury attorney, you may be entitled to a monetary award to help you through your recovery and provide for any future medical needs. A Harker’s Heights pedestrian accident lawyer understands the challenges of these accident cases and could work to ensure that you receive a settlement or court award that fairly compensates you for your losses.
Responsible Parties in a Pedestrian Accident
In Texas, an injured pedestrian may pursue a legal claim against anyone whose actions contributed to their injuries. Responsible parties may include:
- Motor vehicle drivers
- Motorcyclists
- Bicyclists
- Other pedestrians
- Government agencies responsible for maintaining roadways and sidewalks
- Manufacturers or sellers of defective vehicles or safety equipment
An attorney experienced in pedestrian accident cases can carefully investigate the accident and identify all responsible parties.
Statute of Limitations for a Pedestrian Accident Claim
An injured pedestrian has two years from the date of the accident to file a claim for damages in Texas. If a lawsuit is not filed before the deadline, a court could dismiss the case. If this happens, the pedestrian may not receive compensation for any losses sustained due to the accident.
Comparative Negligence Rules
Multiple people could be responsible for a pedestrian accident, including the pedestrian. In Harker’s Heights, fault on the part of the pedestrian may limit any compensation they receive. This is known as comparative negligence, and Texas follows a modified version of this law.
Under modified comparative negligence rules, a pedestrian may seek damages as long as they are not more than fifty percent responsible for the accident. If they do share fault, their damages could be reduced by the degree to which they contributed to the accident. For example, if a court determines that a pedestrian is thirty percent responsible for the accident, their compensation may be reduced by thirty percent.
Determining specific percentage fault in an accident can be challenging. A Harker’s Heights pedestrian accident lawyer is well-versed in comparative negligence law and could assess the pedestrian’s role in the accident.
Factors Contributing to Fault
It is essential to determine fault under modified comparative negligence before assessing the injured party’s claim for damages. In a pedestrian accident, some of the factors to consider include:
- The driver’s speed
- Whether the driver or the pedestrian disobeyed traffic laws
- Distracted driving or walking, including texting, using a cell phone, or listening to audio via earplugs
- Walking or driving while under the influence of drugs or alcohol
An experienced pedestrian accident attorney could analyze the evidence, including police reports, toxicology results, and accident scene photographs, to determine the cause of the accident and the parties’ relative fault.
Recoverable Damages in a Pedestrian Accident Claim
Because a person has very little protection while walking on an open roadway, their injuries in a collision with a car, motorcycle, or even a bicycle could be severe. In a pedestrian accident lawsuit, it is essential to calculate all of the injured pedestrian’s damages, including:
- Medical bills
- Lost wages and reduced earning capacity
- Emotional trauma
- Physical pain and suffering
- Disfigurement
A pedestrian accident lawyer could work with the injured pedestrian’s treating physicians to accurately assess the extent of the injuries and what medical needs the victim may have in the future due to the accident.
How a Harker Heights Pedestrian Accident Attorney Could Help
You have the right to seek compensation if you are in a pedestrian accident in Texas. However, your damages could be limited or even denied if you were responsible in some way for the collision.
A Harker’s Heights pedestrian accident attorney understands the role fault plays in the determination of compensation. Our firm’s attorneys are experienced litigators and could present your case to an insurance company or a judge in a way that maximizes your monetary settlement or court-ordered damages award.
