The Colony Pedestrian Accident Lawyer
When a driver strikes a pedestrian, the resulting injury can be catastrophic. They can be especially dangerous at higher speeds, where the force of the impact increases the pedestrian’s chances of both severe bodily injury and death. After an accident, someone may need to seek the assistance of a skilled injury attorney to determine if another party might be liable for their injuries. If a negligent motorist hit you or a loved one in The Colony, a pedestrian accident lawyer could help you seek compensation for your injuries.
Proving Driver Negligence in Pedestrian Collisions
Claims regarding a motorist who strikes a pedestrian fall under the legal theory of negligence. Negligence occurs when a person acts in a careless manner that causes injury or damage to another. The key element in many negligence suits is the existence of duty: that is, the person that caused the damage or injury owed a responsibility to the harmed party to prevent that outcome.
For example, someone driving a passenger vehicle has a duty to avoiding hitting pedestrians, especially since they lack the physical protection that a car or truck provides. However, that does not mean that the driver is always at fault in these accidents, or that pedestrians will always receive monetary damages after a collision. A lawyer in The Colony could help a pedestrian prove the at-fault party owed them a duty of care.
Legal Duties of People Traveling on Foot
While drivers owe a duty to people traveling on foot, the same is true for pedestrians to drivers. Pedestrians have rules to follow when walking near public roads, just like motorists do. The laws prohibiting jaywalking, darting in and out of traffic, and crossing the street at lights or without the proper signal are meant to keep them, and drivers, safe. Whether walking, jogging, or running, they have the duty to obey these laws and not act in a negligent manner that could cause an accident. The fault is not always clear, as there are many situations where both parties share a certain amount of blame.
Comparative Negligence in The Colony
Determining the amount of financial compensation that an injured pedestrian will get is controlled by the comparative negligence theory, also known as proportionate responsibility in Texas. This means that if the defendant is found partially responsible for the accident, any monetary damages they receive will be reduced by that amount. If a jury determines that the claimant is more at fault proportionately than the defendant, the claimant could be barred from recovery altogether.
This analysis means that every single lawsuit will have a different outcome, and the results are highly dependent on the specific facts of the case. A pedestrian injured by a negligent motorist will likely require the experience of a well-practiced attorney in The Colony to mitigate their percentage of fault.
Seek the Help of A Pedestrian Accident Attorney in The Colony Today
Being struck by a vehicle while commuting on foot could result in devastating physical and financial losses. If you or a loved one were injured in The Colony, a pedestrian accident lawyer could help you navigate this stressful situation. A dedicated attorney could advise you on the best course of legal action and handle the insurance companies, lawyers, and other parties to get you the best possible outcome for your situation. Schedule your case consultation today.