When a driver, who may even be you, hits a pedestrian, you may feel like you are automatically at fault. A vehicle can easily severely hurt and even kill a pedestrian which makes the driver a lethal threat. However, there are certain situations where a pedestrian is found responsible for the incident and not the driver. If you find yourself involved in an accident where you have hit a pedestrian, you may wonder what the outcome will be. Lastimado Texas will share when a pedestrian is responsible for the accident and not the driver and see if this case fits your particular circumstance.
What Does Personal Injury Law Include?
Personal injury law is to afford victims the right to hold a responsible party liable for causing an accident leading to injury, damages, loss of income, and more. However, the basis that all personal injury claims are based on is proving negligence. Proving negligence means the victim must prove that the other party committed an act of negligence. To properly define negligence in a personal injury case, is when you fail to take proper care when it comes to your actions. This can include failing to follow traffic and safety laws. In the majority of cases where a driver hits a pedestrian, the driver is the negligible party. However, that is not always the case.
Can You Claim Negligence Against a Pedestrian?
Negligence does not automatically fall on a driver who hits a pedestrian. Pedestrian negligence can occur when the pedestrian fails to follow their legal duty by following the laws and rules of the road. Some examples of Pedestrian negligence are:
• When a pedestrian crosses a busy street without using designated crosswalks.
• Openly disobeys walking signals.
• Running across a moving vehicle.
• Entering and or disrupting the flow of traffic.
Modified Comparative Negligence Law
When a pedestrian’s negligence results in an accident, these can be a sensitive case and it is best to seek legal assistance in proving the pedestrian was negligible. An experienced lawyer can help determine if an injured pedestrian still has the legal right to file a claim and pursue compensation for their injuries. The state of Texas follows the modified comparative negligence law which means the fault may be split among the parties involved in the incident. The modified comparative negligence laws also state that if you are more than 51% of the blame for the accident, you do not receive compensation but is labeled the at fault party. The law can be in the favor of either the pedestrian or the driver. In order to prove the modified comparative negligence law, it is important to be able to prove the pedestrian is at fault for 50% or more of the accident. It is important to make a detailed report of the accident and during the time of the accident, be sure to contact witnesses and request their own statements of what occurred.
Personal Injury Attorneys in Dallas, TX (Just Minutes from Carrollton, Richardson, Farmers Branch, Garland, Irving, Mesquite, Grand Prairie, Duncanville, Hutchins & DeSoto, Texas
If you hit a pedestrian while driving and they were the one at fault, make sure to seek legal assistance to help aid you in your case. For personal injury law services, contact Lastimado Texas today.
