Sherman Pedestrian Accident Lawyer
When a pedestrian is hit by a vehicle, they may sustain catastrophic and sometimes fatal injuries. Since motor vehicles are so much larger and faster than pedestrians, their impact can result in severe personal injuries.
If a driver’s negligence has led to your injuries, it may be crucial to reach out to a Sherman pedestrian accident lawyer who could explore your legal options and stand up for your rights. A skilled personal injury lawyer with proven experience in these types of claims could leverage the unique attributes of your case to help you pursue a fair compensation.
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 action 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 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 lawyer could further explain these rules and help defend an injured victim from any comparative fault arguments the defense makes.
Deadlines for Filing a Pedestrian Accident Claim
A statute of limitations is the time in which claimants must file a lawsuit. A pedestrian who was involved in an accident on the road has two years from the date of the accident to file a personal injury claim, according to Texas Civil Practice & Remedies Code section 16.003.
If an injured individual files a lawsuit after the statute of limitations has passed, they may be barred from having that claim be heard by a court of law. This may be true regardless of how strong the plaintiff’s case is.
Generally, the limitation period set forth in a statute of limitations begins to run from the date the injury occurs. It is important to understand that a personal injury case does not need to be heard by a jury or tried by a court in that time period. The statute of limitations requires only that a Sherman pedestrian accident lawyer files a lawsuit with the appropriate entities before the two-year deadline.
Contact a Reliable Sherman Pedestrian Accident Attorney
A pedestrian accident can cause a person to sustain severe or even fatal injuries. These injuries can take a toll physically, financially, and emotionally.
A Sherman pedestrian accident lawyer who has extensive knowledge about pedestrian lawsuits and settlements could aggressively fight for your legal right to fair financial recovery after an accident. To learn more about your legal rights and options, call our law firm today.