Seguin Pedestrian Accident Lawyer
Collisions with pedestrians occur every day. Sometimes, drivers are not paying attention to the road. Other times, people assume they have the right of way and carelessly cross the street. Regardless of who was responsible, passengers in the car will suffer less harm than the person who was hit by the vehicle. Countless pedestrians suffer temporary and lifelong pain as a result. The pedestrian and their families face medical bills, multiple surgeries, and physical therapy. These unpredictable and extensive losses are physically disabling and emotionally and financially burdensome.
If you believe the driver who struck you while you were out and about is at fault for what happened, you must explore your legal options. Your potential compensation can vary according to the severity of your injury and your level of responsibility for the harmful incident. The court commonly determines that a motorist is liable for hitting a person in the street. That means that they can be required to pay for the pedestrian’s losses. You should reach out to a practiced Seguin pedestrian accident lawyer to explore your legal options. Our personal injury attorneys can work to build a successful claim.
Understanding the Role of Liability in a Pedestrian Collision Case
A case’s value is defined by each party’s liability. Texas follows a modified comparative negligence model. Under this standard, an injured person can obtain a financial award if their percentage of fault is 50% or less. If they are found to be more than 50% at fault, they are excluded from recovering any money. The law also requires people on foot to take care when crossing, yet many people fail to do so. Further, with the distraction of cell phones, drivers and walkers alike fail to properly take note of their surroundings. Their distractedness can make them liable for any incidents.
The court or jury determines the percentage of fault for each party involved in the incident. If the plaintiff’s contribution is 50% or less, their damages are reduced by their percentage of responsibility. For example, if an injured person is awarded $100,000 but found to be 30% at fault, they would receive $70,000. This model aims to ensure a person who is mostly responsible for their own harm does not receive compensation. It also allows partially at-fault plaintiffs to get the financial recovery they deserve. It is wise to hire a skilled attorney in Seguin who can explain how liability affects your pedestrian crash damages.
Negligence in a Pedestrian Crash Case
A pedestrian must present that the motorist is responsible by providing the four following factors:
- The driver owed a genuine duty of care to the pedestrian
- That the driver violated that duty
- The driver’s conduct caused the pedestrian’s injuries
- The pedestrian suffered legally recognized injuries as a consequence
Reasons for a driver’s negligence are wide-ranging and might include instances like speeding, driving under the influence, or distracted driving. You can expect to receive a larger award once your Seguin pedestrian accident attorney successfully proves the other party’s liability.
Types of Compensation to Expect in a Pedestrian Collision Lawsuit
There are three main categories of legal recovery:
- Economic Damages: These are tangible losses typically documented with receipts or monetary amounts. Examples include medical bills, lost income, and repair costs.
- Non-Economic Damages: These are subjective and include concepts such as mental anguish, pain and suffering, and reduced quality of life.
- Punitive Damages: These are intended to penalize the defendant and deter similar future actions. Courts generally award them at their discretion and typically only in cases of particularly egregious behavior.
A Seguin walker crash lawyer can assess the types of compensation a pedestrian can pursue successfully.
Do Not Delay – Call a Seguin Pedestrian Crash Attorney Today
Getting hurt when you least expect it is expensive. The cost of medical treatment – especially surgeries, hospital stays, scans, physical therapy, and rehabilitation – is high. With our expert legal team by your side, we will ensure your medical bills and expenses will not overwhelm you. Insurance companies often try to put the blame onto you to avoid paying what you fairly deserve. We are prepared to push back and stand up for your legal rights. Reach out to a Seguin pedestrian accident lawyer today to get legal advice.
