When a car hits a person walking on foot, the outcome can be disastrous. The pedestrian can suffer serious injuries that impact their day-to-day life.
When these accidents happen, it’s important to understand liability laws in order to file a strong claim.
Who Can Be Held Liable in a Pedestrian Accident?
Knowing who is responsible for a pedestrian accident is important. Several entities can come into question.
The Driver
Most pedestrian accident claims are caused by driver negligence. A driver might be held liable for:
- Failing to observe traffic signals
- Speeding through crosswalks
- Driving under the influence of alcohol or drugs
- Engaging in distracted driving behaviors
However, note that the driver may not be the only one held responsible. Depending on the circumstances, other people might share the blame.
Stakeholders of the Commercial Vehicle
When commercial vehicles are involved, the question of who is at fault is more complicated. If there was negligence or improper training, trucking companies, delivery services, and transportation firms might bear responsibility if their employees cause accidents.
Transportation Departments
Poorly maintained crosswalks, malfunctioning traffic signals, or inadequate signage can create dangerous conditions. In such cases, city agencies or transportation departments might share liability.
How Pedestrian Accident Claims Work
Several questions can help determine who's at fault in a pedestrian accident.
Was There a Duty of Care?
The first step is establishing that there was duty of care owed to the pedestrian.
Drivers are expected to take certain actions, including:
- Watching carefully for pedestrians
- Following traffic signals
- Driving at safe speeds
- Paying full attention to the road
Everyone on the road has a responsibility to keep others safe, so there is an implied duty of care.
Did the Driver Break Their Duty of Care?
A driver fails their duty when they do something dangerous, such as:
- Texting while driving
- Speeding through crosswalks
- Ignoring traffic signals
- Driving after drinking alcohol
- Not watching for pedestrians
These actions show the driver wasn't being careful enough to prevent the accident.
Can You Connect the Driver’s Actions to Injuries?
Causation means proving the driver's actions directly caused your injuries. This includes showing that:
- The driver's action directly led to the accident
- The accident caused your specific injuries
- Your injuries resulted in real losses
If the other party can give alternative causes for the injuries of a pedestrian hit by a car, it becomes harder to hold them liable.
What Are the Damages?
Damages cover all the ways the accident impacted your life, including medical bills and lost wages. Without measurable damages, there is nothing for the driver to be at fault for.
A good pedestrian accident lawyer will help you comprehensively detail the current and future losses caused by the accident.
Your Rights as a Pedestrian Accident Victim in Houston
In Houston, victims have rights designed to help them recover and seek compensation for their losses.
- Right to Medical Treatment: Seek immediate care for your injuries, creating important documentation
- Right to Legal Representation: Hire a pedestrian accident attorney to protect your interests and handle communications
- Right to File an Insurance Claim: Pursue a claim with the at-fault driver's insurance company
- Right to Refuse Early Settlement Offers: Decline quick, insufficient offers from insurance companies
- Right to Take Legal Action: File a lawsuit within Texas's two-year statute of limitations, if necessary
When you’re quick to exercise these rights after your accident, you’re able to preserve evidence and strengthen your position when seeking compensation.
Maximize Your Compensation After a Pedestrian Accident
Several actions can help you secure the best possible settlement after being hit by a car.
Document Your Pedestrian Accident Case
Document everything related to your accident and injuries, including maintaining complete medical records that connect your injuries to the accident. Also, keep a daily journal of pain levels and limitations you experience and save all receipts for accident-related expenses to ensure you're fully reimbursed.
Calculate Long-Term Damages for Fair Compensation
Look beyond your immediate damages when building your claim by working with experts to calculate your future medical needs. Consider how permanent limitations might affect your earning capacity and document how your injuries impact your quality of life and relationships.
Strategic Timing for Maximum Settlement Value
Timing is important when seeking compensation. Wait until you understand the full extent of your injuries before discussing settlement, and know when you’re expected to reach maximum medical improvement so you can estimate what future care you'll need.
Protect Your Claim from Insurance Company Tactics
Understand that insurance companies aim to minimize what they pay you. Be careful about what you say in recorded statements and what you post on social media. Additionally, have professional representation during all negotiations to protect your interests.
FAQ
What Is the Statute of Limitations for Pedestrian Accident Claims in Texas?
The statute of limitations in Texas provides a two-year window to file personal injury claims. This might seem generous, but evidence can deteriorate, and memories fade, so take prompt action to ensure the strongest possible case.
How Do Insurance Companies Handle Pedestrian Accident Claims?
Insurance companies frequently attempt to minimize payouts, and they might offer quick settlements that fail to cover total damages. Professional legal representation ensures you're not exploited during a vulnerable time.
Can I Receive Compensation if I Was Partially at Fault for the Accident?
Texas allows partial fault recovery. The state's modified comparative negligence rule means you can still recover damages if you're less than 51% responsible for the accident.
Protect Your Rights After a Pedestrian Accident
Most pedestrians who get struck by vehicles suffer significant injuries, many of which might not manifest till later. You need an experienced pedestrian accident lawyer so insurance companies don’t take advantage of your fragile state. The Ramsey Law Group has handled hundreds of these cases and is ready to fight for your rights. Contact us today.