Even if pedestrians follow every rule applicable and keep an eye out for nearby vehicles, they could still be at serious risk of physical harm if a driver acts recklessly or carelessly around them. Unfortunately, having ample evidence proving a motor vehicle operator was at fault for hitting you is not enough. You may have trouble recovering the total value of your losses if you try to pursue your claim alone.
Having assistance from a knowledgeable Houston pedestrian accident lawyer could be vital to achieving a positive outcome from this type of litigation. In addition to helping you establish that another person’s negligence directly caused your losses, a seasoned personal injury attorney could also contest allegations that you bear some fault for causing or worsening your accident.
Proving Fault for Specific Injuries and Losses
Every driver in Texas owes the same duty to everyone on the road to act responsibly behind the wheel by following traffic laws, maintaining focus while in motion, and watching out for obstacles. Any driver who breaches this duty and collides with a pedestrian could be considered legally negligent and held liable for any harm a pedestrian suffers from an incident.
Compensable losses could include economic and non-economic forms of harm and past and future losses relative to when an injured person files their claim. Specific losses often factored into cases of this nature include:
- All medical bills for past and future treatment, including long-term rehabilitative and maintenance care
- Lost work wages or working capacity
- Personal property damage
- Lost enjoyment of life
- Physical pain and suffering
- Psychological trauma
A skilled attorney in Houston could offer guidance about what losses might be recoverable after a pedestrian collision during a private meeting.
Can Pedestrians Be at Fault for Collisions?
While motor vehicle drivers are certainly at much less risk of getting injured in collisions with a person on foot than pedestrians are, that does not mean civil courts always assume drivers are 100 percent to blame for a crash. If a pedestrian’s carelessness contributed to causing their injuries, like entering a crosswalk without a WALK signal, a court could hold that comparative fault against them by assigning a percentage of total blame for their damages.
According to Texas Civil Practice & Remedies Code §33.001, no person who bears a higher percentage of fault than all defendants in their claim could recover any compensation for their losses. Furthermore, as a pedestrian crash lawyer in Houston could explain, TX Civ. Prac. & Rem. Code §33.012 allows courts to proportionately reduce the value of a plaintiff’s damage award if that person is responsible for 50 percent or less of the total fault for their damages.
Get in Touch with a Houston Pedestrian Accident Attorney Today
If you were hurt while walking because a reckless driver hit you, taking prompt legal action may be vital to preserving your future despite the physical, financial, and emotional harm you sustained. However, if you try to file a lawsuit after an accident without a seasoned legal professional’s guidance, your odds of getting a favorable case result could be slim.
Support from a Houston pedestrian accident lawyer could make all the difference in the outcome of your claim. Learn more by calling today.
Below are just some of the more common types of cases that Benjamin Roberts represents personal injury clients.
For a full list of the cases we handle, please see the Practice Areas link at the top of the page.