A driver has a duty to others on the roadway, including motorists, passengers, and pedestrians; to drive with reasonable care to avoid inflicting injury. When a motorist drives carelessly or negligently and hits a pedestrian, they can be liable for the person’s damages and losses from the crash.
If you or a family member was hit recently by a reckless driver, knowledgeable legal counsel help you take legal action. A Temple pedestrian accident lawyer can stand up for your legal rights and provide the vigilant advocacy needed to pursue a favorable outcome to your case. En español
When a negligent driver hits someone on foot, the pedestrian has virtually zero protections from incurring catastrophic injuries. As such, pedestrian crashes often result in some of the most severe injuries associated with roadway incidents. Injuries, including broken bones, fractured bones, organ injuries, traumatic brain injuries, and spinal cord injuries are common. Sometimes, a pedestrian’s wounds from an auto accident can be fatal.
A Temple attorney can help the injured party or a family who lost their loved one in a pedestrian crash pursue compensation from the at-fault driver. Payment may be recovered for medical bills, lost wages, pain, suffering, loss of life enjoyment, loss of consortium, emotional distress, and other damages.
Under Texas Civil Practice & Remedies Code § 16.003, the deadline to file a personal injury lawsuit is two years from the accident date. This deadline is firm, which means that in most cases, if someone does not file their claim within two years of being injured, they would lose out on any form of compensation.
There are a few circumstances in which the statutory deadline could pause or be prolonged. For example, if the at-fault driver leaves Texas before the injured party can start a case, the statutory deadline could be extended. Likewise, then the injured pedestrian is a minor, they would have two years from the date they become a legal adult to file an injury claim.
If someone is injured in a pedestrian collision and believes that they have a valid case for damages, they should get in touch with a compassionate local representative who can help with filing a claim.
Serious pedestrian wrecks can result from a variety of factors, but driver negligence remains one of the leading causes of these types of accidents. Drivers who are texting while driving, speeding, driving inattentively, disregarding traffic signs and signals, or are talking on the phone while behind the wheel often fail to see a pedestrian in time to avoid a collision. Other leading factors in pedestrian collisions include drunk driving, fatigued driving, driving while under the influence of drugs, and aggressive driving.
These factors and many others could result in serious harm to the plaintiff and may be the basis for a successful personal injury claim against the negligent defendant. A claimant could determine the cause of their incident with the assistance of an adept injury attorney.
Most pedestrian collisions operate under state negligence laws. In order for a claim to be successful, a plaintiff must prove that they were the victim of careless conduct. They must be able to demonstrate that the defendant breached their duty of care which resulted in an accident which caused serious injuries.
A proper investigation is a crucial first step in proving a pedestrian accident claim. Thorough examination includes analyzing the causes, effects, and future aftermath of an incident. Lawyers can use the statements of law enforcement officers, medical professionals, or witnesses to help bolster the impact of their investigation.
A Temple pedestrian accident representative can also examine documents that might reveal the extent of the plaintiffs’ setbacks, such as property damage estimates, medical bills, lost income reports, and mental suffering assessments.
In some instances, a defendant may claim that the plaintiff is partially responsible for a collision. Texas uses a Modified Comparative Negligence standard, which states that plaintiffs who are less than 50 percent responsible for their injuries may be eligible to collect compensation for damages. Those who were determined to be 51 percent at fault for an accident may be unable to recover damages.
If a careless motorist has injured you, a Temple pedestrian accident lawyer can help you recover your damages. A local attorney could obtain evidence such as the accident report and witness statements, collect your medical records, wage loss records, and submit a compelling claim that details all your damages to the at-fault driver’s insurance company.
If you need help filing an injury claim, it is in your best interest to seek experienced representation as soon as possible to preserve your legal rights at each stage of your case. Call now to discuss your legal options.
By: Nicole G.
Client Description: Cannot stress how satisfied I am with this law firm. Extreme professionalism, thoughtfulness, and insightful knowledge that is possessed from within are quality we should all expect and received thus more. My entire situation was taking into extreme consideration and execution. From the initial incident to the following treatments, they were always there ensuring as well asking on how everything with the process is going. HIGHLY recommended in my opinion. STRESS FREE process leaving you to focus on your everyday tasks.
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