A pedestrian accident can impact you and your family for a long time. Do not take accountability for your medical expenses and other costs you incur if a motorist slams their vehicle into you. Seek legal help from a Garland pedestrian accident lawyer within days of this incident. Your attorney can help you obtain compensation from the liable party.
The Texas Law Dog is a Hopkins County native who proudly serves residents in Garland and its surrounding communities. We are here to help you with your pedestrian accident case. Meet with a Garland personal injury lawyer.
Who You Can Sue in a Pedestrian Accident Lawsuit
A driver is often liable for a pedestrian accident. For example, a motorist is distracted and crashes their car into you. It is reasonable to expect a motorist to prioritize safety. By choosing to drive while distracted, they chose not to do so. Therefore, the motorist could be liable for your accident-related losses.
Consult with a Garland pedestrian accident attorney to learn about liability relative to your case. Your lawyer teaches you about the common causes of pedestrian accidents. They determine if you have grounds for a lawsuit against an at-fault party.
The Texas Law Dog provides insights into liability in pedestrian accidents and what you need to do to obtain compensation as part of an injury lawsuit. Give us the opportunity to serve as your legal representation. Schedule a free case consultation with us.
How Much Time You Have to File a Garland Pedestrian Accident Lawsuit
Based on Texas Civil Practice and Remedies Code Section 16.003, you have two years to sue someone for compensation if they cause you to get hurt. Let a pedestrian accident lawyer in Garland assist you with your legal matters. They can submit your lawsuit before you run out of time to do so.
Your attorney conducts a pedestrian accident investigation. They ask you questions about your accident and find out how it occurred. Your lawyer gathers accident scene photos and other proof to show you are in no way liable for the incident.
In addition, your lawyer considers many pedestrian accident scenarios. They explain the legal process and the steps required to achieve your desired case outcome. Your lawyer helps you establish realistic expectations for your case and the damages you can recover.
Garland Pedestrian Accident Lawyer Near Me (817) 775-5364
Compensation Available in a Pedestrian Accident Lawsuit
The recoverable damages after a pedestrian accident depend on the circumstances of your case. A pedestrian accident attorney in Garland examines your quantifiable and subjective losses. Reasons your lawyer will encourage you to ask for damages include:
- Medical bills
- Loss of income
- Pain and suffering
- Emotional distress
- Burial and funeral expenses
Your lawyer calculates your losses. They craft an argument designed to show the court that a liable party is negligent. If your attorney is successful, you are well-equipped to receive full damages.
What Negligence Means in a Pedestrian Accident Case
A party is negligent if they fail to take appropriate measures to keep someone from getting hurt. Your lawyer will argue that a party was negligent. As part of their efforts, they want to show that these elements of negligence were present when your pedestrian accident took place:
- Duty of Care: This is a legal obligation that the defendant has to avoid acts that could cause harm to you or others.
- Breach of Duty of Care: The defendant decided to violate their legal obligation and commit an act that would be considered reckless or careless.
- Causation: The defendant’s actions led to your accident.
- Damages: You are dealing with losses because of the defendant’s actions.
Saying someone is negligent and proving this point are two different things. Your lawyer collects proof to strengthen your argument. If you have plenty of evidence, it could be clear to the court that the defendant should be held 100% accountable for your accident.
What You Need to Know About Modified Comparative Negligence
Texas has a rule in place relating to modified comparative negligence in personal injury lawsuits. This rule gives the court the right to award partial damages. A judge or jury will exercise this right if you are partially to blame for your pedestrian accident.
For instance, the court finds you are 10% responsible for a pedestrian accident in which you suffer serious injuries. A judge or jury awards 90% of the damages you requested. You have to cover your remaining losses alone.
With comparative negligence, you may be unable to recover damages if you are primarily to blame for a pedestrian accident. In this situation, you are more at fault than the defendant. Thus, you may be solely responsible for your accident-related losses.
How to Deal with a Fatal Pedestrian Accident
If a pedestrian accident is fatal and you lose a family member in this incident, you may have no idea what to do next. The emotional trauma that follows the accident can be significant. During this difficult time in your life, trust a Garland wrongful death lawyer to help you pursue justice and damages from anyone who caused your loved one’s fatal accident.
A wrongful death attorney knows what challenges you will face in the days and weeks after your tragic loss. They guide you through the legal process as you and your loved ones care for one another. If you have legal concerns or questions at any point, your lawyer addresses them.
In a wrongful death case, you could have the opportunity to settle before your trial. Regardless, you do not have to move forward with this option. If you feel it is best to take a liable party to court, your lawyer supports your decision to do so. They work diligently to prepare an argument that resonates with a judge or jury and helps you get justice and compensation.
Work with a Pedestrian Accident Lawyer Who Prioritizes Top-Notch Legal Representation
The Texas Law Dog offers comprehensive legal services, support, and guidance to pedestrian accident victims and their families.
We are available to assist you with your personal injury case. Contact us to get started.