Melissa Pedestrian Accident Lawyer
While any auto accident has the potential to result in serious physical injuries, wrecks that involve a motor vehicle striking a pedestrian commonly and tragically are catastrophic. Even if the incident occurs at relatively low speeds, an unprotected pedestrian struck by a commuter car is at risk of life-altering injuries like spinal cord damage, traumatic brain damage, and potentially even limb loss or amputation.
If you want to recover civil compensation after being hit by a car, retaining a skilled personal injury attorney could make a huge difference your case. Before trying to pursue recovery like this yourself, you should strongly consider speaking with a Melissa pedestrian accident lawyer to find out how they could help.
Are Drivers Always at Fault for Pedestrian Crashes?
It is easy to assume that since motor vehicle operators can cause a great deal more harm to pedestrians than the other way around, drivers involved in collisions with people walking always bear civil liability for the consequences of that incident. However, it is crucial for prospective claimants to understand that while this outcome is certainly common, it is not necessarily guaranteed.
Personal injury lawsuits are generally based on a theory of legal negligence, meaning that recovery hinges on proving that a defendant caused compensable harm as a direct result of failing to live up to a duty of reasonable care. While every driver on public roads in Texas owes such a duty to everyone else on the road with them, so does every pedestrian.
Accordingly, if a pedestrian contributes to causing an accident by disobeying walk signals, straying out of a crosswalk, or stepping out in front of a moving vehicle so that the driver did not have time to stop or swerve away, they may be found negligent themselves and therefore partially, or even primarily, at fault for their own injuries. A pedestrian collision attorney in the area could explain in further detail how “comparative fault” could hinder or even completely prevent civil recovery, as well as how it may be possible to fight back against allegations of negligence made by defendants looking to avoid liability.
Damages That May Be Recoverable by Injured Pedestrians
Assuming there are no issues with comparative negligence, pedestrians struck by negligent drivers can seek financial recovery for all forms of harm they can trace back to the incident in question. These compensable losses do not necessarily have to be economic in nature. In fact, many such claims seek restitution for a claimant’s physical and emotional suffering in addition to damages with objective financial values like medical bills.
However, a time limit applies to all accident claims, including those involving pedestrians. Since Texas Civil Practice and Remedies Code §16.003 sets this limit at two years after a pedestrian discovers or reasonably should have discovered their injuries, retaining a skilled lawyer in Melissa sooner rather than later after an accident is generally a good idea.
Consider Working with a Melissa Pedestrian Accident Attorney
Even if a driver strikes someone who is traveling by foot, proving they are liable is not straightforward. Defense attorneys and insurance companies often fight tooth and nail to avoid liability for these kinds of incidents, and they generally know plenty of tricks for pressuring injured claimants into settling for less compensation than they deserve, or even no compensation at all.
Fortunately, you could significantly even the odds in your favor by working with a seasoned Melissa pedestrian accident lawyer. Call today to set up an initial meeting.