You’ve almost reached your destination by foot, and you couldn’t feel better about it. The blood is coursing through your veins, and you feel alive. All of a sudden, though, a car strikes you from behind, and the next thing you know, you’re lying on the ground.
Unfortunately, pedestrian accidents can lead to serious injuries, if not death. Fortunately, if someone has injured you in a pedestrian accident, you have the right to seek compensation for the injuries you have suffered in Texas.
Proving the negligence of the driver who caused your pedestrian accident
If a car driver has injured you in a pedestrian crash, you may receive damages for your injuries if you can establish that the driver’s negligence either contributed to or caused the accident. Negligence is where the driver failed to do something any other reasonable individual in his or her situation would have done to protect you, the pedestrian, from suffering harm.
Establishing negligence is possible if you can establish that the driver had a duty to watch out for your safety on the road but breached this legal duty via his or her inaction or action. For instance, perhaps the driver was speeding at the time of the crash, or maybe the driver was driving while distracted or failed to follow traffic signs. You must also prove that he or she caused the accident and thus caused you, the pedestrian, harm.
What if you also contributed to the pedestrian accident?
Let’s say that you also played a role in your pedestrian accident. In this case, based on the principle of comparative negligence, any damages you recover may be reduced based on how much you contributed to the accident. For example, if a judge determines that you were 30% responsible for the crash, you may receive 70% of the damage amount you would have received had you not contributed to the accident.
How your pedestrian accident damage award can help
The monetary damages you receive following your injury-causing pedestrian accident may help you to cover your medical bills and even the loss of wages if your injuries prevented you from returning to work right away. They may also help you to address any emotional suffering caused by the accident. An attorney can help you to pursue the maximum amount of damages to which you are entitled in light of the circumstances surrounding your accident.