Sherman Pedestrian Accident Lawyer

Who Is Liable in a Pedestrian Accident?

A driver or another party may be liable for a pedestrian crash if they act recklessly or carelessly in their actions while on the road. This is known as a negligence case, in which a plaintiff must prove certain elements for their claim to be successful.

All drivers have what is known as a duty of care. This means the driver’s actions while on the road are held to the same standard as what a reasonable person would do in similar circumstances. A plaintiff must be able to show that the driver had a duty of care, breached their duty of care, and the breach was the direct cause of their injuries and losses. In doing so, the driver will be liable for the damages the pedestrian sustained from the accident.

However, a jury or judge acting as a fact-finder can decide whether the pedestrian is partially responsible for the accident and their injuries. Under Texas’s modified comparative fault rule, an injured party may not recover if they are found 51 percent or more at fault. If the injured plaintiff is deemed 50 percent or less at fault, they are eligible to recover a damage award reduced by the plaintiff’s degree of fault. An experienced Sherman pedestrian accident attorney at McCraw Law Group could further explain these rules and help defend an injured victim from any comparative fault arguments the defense makes.