Pearland Pedestrian Accident Lawyer
Walking down the street should not be thought of as a dangerous activity. But pedestrian accidents remain all too common in Texas. Motorists often ignore their duty to share the road with pedestrians, and the result is often serious and life-threatening injuries to people who were only trying to cross the street.
Obviously, pedestrians have no physical protection when it comes to being hit by a car or another motor vehicle. But if you have been hurt in such an accident, you can seek legal protection by filing a personal injury lawsuit. Pearland pedestrian accident lawyer Keith B. French is an experienced trial attorney who can pursue a claim on your behalf.
Is a Driver Always At-Fault for Hitting a Pedestrian in Texas?
You might assume that in a pedestrian accident the motorist is always considered at-fault. That is not how the law works. The plaintiff–the accident victim–still has to prove that the defendant driver was negligent in some way. While this is often easier in pedestrian accident cases than, say, a collision between two vehicles, this is still a burden of proof that must be met.
Basically, negligence requires proof that the driver violated some duty of care owed to pedestrians and other people on the road. This is often demonstrated by showing the defendant violated state and local traffic laws. For example, if a driver was speeding and hit a pedestrian in the crosswalk, that is usually an open-and-shut case of negligence. Similarly, a drunk or distracted driver who failed to keep a proper lookout for pedestrians is almost always found responsible for causing an accident.
That said, Texas follows a “comparative negligence” rule in personal injury cases. In simple terms, this means the defendant can argue that a pedestrian’s negligence contributed to or outright caused the accident. For instance, a driver might argue the pedestrian “suddenly darted out into traffic,” giving them no time to swerve and avoid a collision.
The good news is that even if the defense can prove the pedestrian was partially at-fault, the pedestrian can still recover some compensation in many cases. The Texas comparative fault rule reduces the defendant’s share of any damages to account for the plaintiff’s comparative fault. But the plaintiff is only barred from recovery if their fault is determined to be 51 percent or greater.
Contact Keith B. French Law Today
Compensation for a pedestrian accident is often substantial given to the lack of protection offered and catastrophic injuries sustained by the victims. In a successful personal injury claim, the injured pedestrian can receive economic damages for their medical bills, lost wages, and other out-of-pocket costs, in addition to non-economic damages for their pain and suffering. Punitive damages may also be available in certain cases involving especially reckless or egregious misconduct by a driver.
But before you take any action, your first step should be to speak with a qualified Pearland pedestrian accident lawyer. Contact Keith B. French Law, PLLC, today to schedule a free consultation.