Allen Pedestrian Accident Lawyer
The health benefits of a good walk are plentiful and well-known to most people. Unfortunately, as experienced personal injury attorneys know all too well, sometimes such a stroll can turn decidedly unhealthy if a negligent motor vehicle driver strikes an innocent pedestrian.
When drivers do not pay attention and veer off the road onto sideways or into crosswalks, serious and even life-threatening injuries can result. That is why if you are involved in such an accident, you might want to consult with an Allen pedestrian accident lawyer to better understand your rights. En Español.
The Legal Basis for a Pedestrian Accident Lawsuit in Allen
Although there is a general notion that pedestrians always have the right of way over vehicles, that is not the case in Texas. Under Tex. Tr. Code §552.001, pedestrians are obligated to obey traffic signals, which—according to Tex. Tr. Code §552.005(b)—includes crossing streets only in marked crosswalks.
Of course, vehicles and their drivers have certain obligations as well, which include the obligation to yield the right of way when a pedestrian is in the crosswalk under Tex. Tr. Code §552.003. However, pedestrians must still be careful not to enter a crosswalk where it would be impossible for a vehicle to reasonably yield fast enough to avoid hitting them.
In general, motor vehicle operators have a duty to exercise care to avoid hitting a pedestrian and to provide warnings such as blowing their horn under Tex. Tr. Code §552.008. As such, the issue of fault in a pedestrian accident scenario is important, and it may, therefore, be prudent to speak with an Allen pedestrian accident lawyer to understand how the law may affect a given claim.
Recoverable Damages in Pedestrian Crash Cases
Injuries resulting from pedestrian accidents can be quite serious and debilitating. Depending on the circumstances, damages which might be available in a pedestrian accident case can include:
- Compensation for pain and suffering resulting from an accident
- Compensation for any wage loss, including future earning capacity, resulting from injuries suffered
- Payment of medical expenses and related rehabilitation expenses necessitated by the accident
A discussion with an Allen pedestrian accident lawyer could help individuals understand what potential damages may be recoverable.
The Potential Impact of Comparative Negligence
The reason why fault is so critical under Texas law is the imposition of a modified comparative fault rule under Tex. Civ. Prac. & Rem., §33.001, which mandates that if an injured pedestrian is more than 50 percent responsible for an accident, they may be barred from any recovery. The law also allows courts to reduce an award by the percentage of fault ascribed to the pedestrian. So, if a pedestrian is deemed 25 percent responsible for an accident and has $300,000 in damages, their recovery may be limited to $225,000.
Statute of Limitations
In order to recover anything after a pedestrian accident, an injured claimant must bring suit within two years, or the claim may be time-barred in accordance with Tex. Civ. Prac. & Rem. §16.003 (a). In certain situations, the claim must be brought even sooner. So, to avoid a claim being lost, it might be important to speak with a pedestrian accident lawyer in Allen as soon as possible after a pedestrian accident.
Speaking with an Allen Pedestrian Accident Attorney
Recovering from a pedestrian accident can be daunting enough without the additional burdens of dealing with lawyers and insurance companies. One way to reduce the stress associated with such a case could be to let an experienced Allen pedestrian accident lawyer handle your claim, allowing you to focus on your physical recovery. To see what options may be available to you, call today to schedule a consultation.