Sadly, negligent and careless drivers who fail to watch out for pedestrians cause a majority of pedestrian accidents. Even relatively minor accidents between a pedestrian and a motor vehicle can result in serious injuries.
Establishing Liability in a Pedestrian Accident Case
All motorists have a legal obligation to exercise due care and caution when they are behind the wheel. However, there are many distractions that can cause drivers to overlook pedestrians on the road, on a sidewalk, or crossing the street. When a driver is distracted and fails to exercise the expected caution and diligence while operating a vehicle, they might be held liable for any resulting injuries under a negligence theory. To prove that an injured individual is entitled to compensation because of a negligent driver they must establish four elements laid out in the TEX. CIV. PRAC. & REM. CODE § 33.001. This includes establishing that the driver owed them a duty of care, that they breached that duty, that the breach of duty caused the accident and subsequently caused their injuries. A Murphy pedestrian accident lawyer can help claimants better understand the burden of proof and how it applies to their cases.
