Some of the most devastating traffic accidents on our roads are pedestrian accidents. There is virtually no protection against motor vehicles for pedestrians. Especially when high speeds are involved, victims commonly suffer severe injuries, and sometimes fatalities. One might think that the vehicle’s driver is automatically at fault, in these types of accidents, however, this is not always the case. However, there are incidents where pedestrians are responsible. To help you navigate an accident with a pedestrian, we have some of the best personal injury lawyers. Today, we at Lastimado TX would like to discuss how a pedestrian can be responsible for their injuries.
What Does Personal Injury Law Include?
For causing their accident liable for their damages, including lost income, pain and suffering, medical bills, and more, personal injury law affords victims the right to hold the party responsible. Proving negligence is what personal injury claims are based on. Commonly a driver in pedestrian accidents, they will need to show that another party proving negligence means that for a victim to recover their damages. However, committed an act of negligence that more likely than not caused the accident and injuries, but not always. Few know what negligence is exactly. When you have failed to take proper care in your actions or follow the applicable traffic laws is negligence.
Is it Ever the Pedestrian’s Fault?
Pedestrians can undoubtedly be responsible for causing or contributing to an accident since negligence is not a one-way road. When a pedestrian fails in their legal duty to conduct themselves in a manner that does not create unreasonable risks and follow the road rules, pedestrian negligence can happen. Common examples of this could include:
1) If, outside of a crosswalk, a pedestrian tries to cross a busy street.
2) Walk signals are disobeyed.
3) If they dart in front of vehicles.
4) The flow of traffic is disrupted as they enter.
It becomes essential to work with experienced lawyers who can thoroughly investigate the situation and determine if an injured pedestrian still has the legal right to pursue compensation for their damages when a pedestrian’s negligence contributes to a crash.
Comparative Modified Negligence
The modified comparative negligence law is followed in Texas as well. There are rules in place in which fault may be split among the parties involved is what comparative negligence means. This law in Texas has a caveat of a 51% bar, however. If you were 51% or more to blame for the crash, the rule says you cannot receive compensation. It becomes essential to determine to what extent a pedestrian contributed to an accident when modified comparative negligence applies in a pedestrian accident case. Below are some examples of what modified comparative negligence can entail.
1) The pedestrian can still recover compensation if another party, for example, a driver is found to be more at fault than a pedestrian for causing a crash.
2) They will not be able to recover any compensation from the other party involved if a pedestrian is found to be more than 50% at fault for causing a wreck.
3) They will be eligible to recover compensation reduced by their percentage of fault when a pedestrian and another at-fault party share blame. While the other party is 80% at fault. In that case, the pedestrian will only be eligible to recover $80,000 in damages, a pedestrian victim has $100,000 in damages, for instance, but is found to be 20% at fault.
Personal Injury Attorneys in Dallas, San Antonio & Austin, TX (Just Minutes from Carrollton, Garland, Irving, Mesquite & Grand Prairie, Texas
If you are involved in a pedestrian related car accident in Dallas, San Antonio, or Austin, TX, call in the professionals of Lastimado, TX and let us assist you!
