Whether or not your personal injury claim will be successful largely depends on who is at fault in the accident. There are even cases where both the driver and the pedestrian share some level of fault, and therefore, can both be found liable for the accident.
If you can prove that the driver of the vehicle was negligent, then you may be able to receive compensation for your injuries. Negligence is caused when a person was supposed to perform a duty (like pay attention to the road), but instead breached that duty (such as not looking for pedestrians before accelerating), there was a cause in fact (the accident directly caused an injury), the cause was proximate (reasonably could have been avoided), and you can legitimately receive damages for it.
Modified Comparative Fault Rule
Texas is somewhat unique in that the state follows a modified comparative fault rule. When it’s time to argue a personal injury claim in court, insurance adjusters will try to argue that the driver is partially (or comparatively) responsible for the accident.
If the case goes to trial, then a jury will determine a percentage of fault for anyone involved in the accident. If the victim is assigned any percentage of fault, any compensation they are awarded will be reduced by that same percentage.
For example, if the jury chooses to award the victim $100,000 in compensation, but also rules that the pedestrian was 20% at fault for the accident because they were crossing the crosswalk when the traffic signs indicated not to, then the victim’s compensation would be reduced by 20%, or $20,000. This means that the pedestrian will only be eligible to collect $80,000 in compensation.
Additionally, if the jury decides that the victim is over 50% at fault for the accident, then they will not be eligible to receive any compensation at all for their injuries.
If you can prove that someone else was at fault for the accident, then you may be able to recover damages for yourself or for a loved one who passed away. These damages can provide compensation for things like medical bills, lost wages during the recovery process, and other damages for things like loss of enjoyment of life or loss of consortium.
What Steps Should I Take?
Your next steps depend on the circumstances that lead to the accident and the extent of the injuries or damages that have been suffered.
If You Are The Victim
Any auto accident will change your life, but if you are injured as a pedestrian, the consequences can be absolutely devastating. If you have been hit by a car or truck as a pedestrian, you will likely want to file a personal injury claim against the driver of the vehicle to pursue compensation for your injuries and any additional pain and suffering you’ve been forced to endure. An experienced Texas personal injury attorney can help you get the process started and guide you along the way.
If You Are Representing A Loved One
If a loved one has passed away due to the negligent actions of another, no amount of compensation will ever replace who you’ve lost. However, you can consult with an attorney to learn about how to file a wrongful death claim for your loved one. Filing a wrongful death claim can help you recover compensation for a number of different costs, including medical bills and other damages like lost wages, loss of future earning potential, and loss of consortium.
Work with An Experienced Law Firm
Suffering from a pedestrian accident is a challenge that no one should go through alone. The consequences of such an accident can force victims to battle with extensive injury challenges for weeks, months, or even years. If you have been injured as a pedestrian and you believe the driver’s negligent actions caused the accident, contact our firm, Hildebrand & Wilson, LLP, today for help.
Our experienced personal injury attorneys have spent years working with injured victims and their families in an effort to help them pursue the justice they deserve. Our top priority is to help our clients receive the compensation they need and deserve so that they can recover from their injuries and get their life back. If you or someone you know has been injured in a pedestrian accident, don’t wait. Call or reach out to our office today to schedule your own free case consultation.