Arlington Pedestrian Accident Lawyer
Pedestrians have a high risk of severe injuries and trauma when involved in collisions with automobiles. Since those traveling on foot typically do not have any protection, severe and even fatal injuries could occur. Besides the physical and emotional burdens, an individual could sustain financial hardships due to extensive medical costs and required time off work. Fortunately, individuals who have been injured due to a reckless motorist may be able to recover compensation for their damages.
If you or a loved one were injured due to the negligent actions of another, an Arlington pedestrian accident lawyer could help you seek the compensation you need to move forward. Seek help from a knowledgeable personal injury attorney to learn about your legal options and rights. En Español.
What is the Standard Duty of Care Owed to Pedestrians?
Motorists have a responsibility to act carefully, drive their cars safely and obey traffic laws to avoid an accident. When a driver’s reckless or negligent actions cause an incident, they can be held liable in a civil lawsuit.
A collision between a driver and a person walking could occur in a myriad of ways. When a driver is speeding or fails to yield for a traffic signal, pedestrians in the road could be injured. A driver might fail to look for people walking before backing out of a parking space, or they might fail to stop for a school bus. Regardless of the reason, if a qualified attorney in Arlington could prove that a reasonable driver would not have acted in the same manner, the hurt pedestrian may be able to recover compensation.
Shared Responsibility for a Collision
Not every accident that occurs between a car and a pedestrian is the fault of the driver. If the injured individual was jaywalking, crossing the road without following the traffic lights, or failed to pay attention to their surroundings, they may share some of the responsibility for their injuries.
The State of Texas follows the rule of modified comparative fault when assessing liability in personal injury cases. According to Texas Civil Practice §33.001, an injured claimant may be eligible to recover compensation for their injuries as long as they were no more than 51 percent at fault for the incident.
Those who were found to be less than 51 percent responsible for their injuries will have the compensation award reduced by their percentage of fault. A seasoned attorney in Arlington could help establish liability and refute a comparative fault defense in an injury case where someone walking was struck by a vehicle.
Damages in an Injured Pedestrian Case
Pedestrians that were injured due to a driver’s negligence may be able to seek damages for their losses and expenses related to the incident. A diligent Arlington pedestrian accident attorney could help an injured claimant recover compensation for economic or non-economic damages.
Economic damages refer to a quantifiable financial loss that an individual suffers. For example, an individual could recover compensation for economic damages such as medical expenses, loss of income, cost of rehabilitation and even property damage.
Non-economic damages are meant to compensate an individual for their non-monetary losses such as physical impairment, pain and suffering, mental anguish, loss of enjoyment of life and or loss of companionship.
In some cases, an injured person may be eligible to recover compensation for punitive damages or exemplary damages. These types of damages are usually only awarded in cases where a driver acted with malice, gross negligence, or wanton recklessness.
Speak to an Arlington Pedestrian Accident Attorney
People walking who were injured in collisions with a motor vehicle may sustain physical and emotional injuries that could affect their lives for years to come. Individuals may also suffer significant financial burdens due to the incident and their injuries. Let a skilled attorney fight to protect your rights.
Seek help from an Arlington pedestrian accident lawyer to learn about how you may be eligible to seek compensation from the party responsible for your injuries. Call our office today to get started.