Proving That Negligence Caused Pedestrian Injuries
Collisions involving motor vehicles and pedestrians are almost always someone’s fault; however, the law never presumes that one party is to blame. A person’s status as a pedestrian does not automatically mean that a driver is responsible for the collision. Instead, injured pedestrians must prove that a driver’s negligence caused the accident.
One way to prove negligence is to demonstrate that the driver violated a road rule leading to the crash. A typical example is the state’s law concerning crosswalks. According to Texas Transportation Code § 552.003, drivers must yield to pedestrians using crosswalks to pass over a road or street. As a result, if a collision occurs while a pedestrian is in a crosswalk, the driver is likely responsible.
Other cases rely on driver carelessness or inattentiveness as the reason for accidents. Distractions due to conversations, changing a radio station, or eating while behind the wheel may all prove fault in a pedestrian accident. A detail-oriented Sachse pedestrian accident attorney could obtain the information needed to build a robust case against the driver. Our skilled lawyers could use this evidence to prove fault in discussions with insurance companies or when presenting a case before the jury.