Celina Pedestrian Accident Lawyer
As a pedestrian, you depend on the care and consideration of drivers, property owners, and other pedestrians to keep you safe as you travel to your destination. Unfortunately, sometimes drivers commit careless and even reckless acts that cause potentially serious accidents and injuries.
If you were struck by a vehicle as a pedestrian and suffered from an injury, you might be eligible for financial compensation, as well as due for a conversation with a seasoned personal injury attorney. An experienced Celina pedestrian accident lawyer could review your circumstances and help you develop your potential case.
Texas is a fault insurance state, a legal approach that creates a threshold that injured parties must meet to recover in court. Injured pedestrians in Celina seeking recovery against an automobile driver may pursue an insurance claim with their own insurance carrier or against the at-fault driver’s insurance company. Claimants under a fault insurance system may also file a personal injury lawsuit without needing to meet a serious injury or monetary threshold.
The 51 Percent Bar Rule in Celina
If a pedestrian is determined to have contributed to the cause of their accident, their recovery may be reduced under the modified comparative fault rule. This legal principle guides how courts determine whether or not a plaintiff could seek damages if they were also at fault, and if so, how much they are entitled to receive.
Texas follows a 51 percent bar rule when assessing comparative fault. Under Texas Civil Practice & Remedies Code §33.001, pedestrian accident plaintiffs in Celina would be barred from recovering if they are found 51 percent or more at fault. Injured pedestrians may still recover if they are 50 percent or less at fault.
However, a plaintiff’s recovery would be reduced by the amount of fault they contributed to the injury. For example, if the pedestrian is found 25 percent at fault and the defendant 75 percent at fault, the pedestrian would only receive 75 percent of their damages. A pedestrian accident lawyer in Celina could help calculate a plaintiff’s potential recovery and structure their case accordingly.
Recovering Damages for Pedestrian Accidents
Pedestrian accident victims in Celina should take note that there is a time limit on their right to bring a personal injury lawsuit. Also known as a statute of limitations, failure to file a cause of action within the time limit may result in losing the right to sue and recover damages in court. Injured persons in Texas have two years from the date of the injury to file their personal injury case. An accomplished lawyer could help an injured victim file a claim promptly.
Pedestrian accident lawyers could help plaintiffs in Celina seek recovery against a defendant for the following types of damages:
- Economic damages – medical expenses or lost wages
- Noneconomic damages – emotional distress or pain and suffering, physical impairment, and disfigurement
- Property damages – personal property damaged from the accident
- Punitive damages – used to punish the defendant for egregiously wrongful conduct
How a Celina Pedestrian Accident Attorney Could Help
Without a knowledgeable attorney to guide you, you might find yourself overwhelmed by the complex legal practices that come into play when filing a successful personal injury case. Fortunately, you do not have to pursue legal relief on your own.
Our attorneys and staff could be there to help you manage your case every step of the way. Call a Celina pedestrian accident lawyer and get started on your claim for legal recovery today.