Mansfield Pedestrian Accident Lawyer
Collisions involving passenger vehicles and pedestrians have the potential to result in catastrophic injuries and even death. People walking or jogging can suddenly find themselves faced with life-altering challenges after these accidents, which may occur from a driver’s negligence or carelessness.
Pedestrian accidents often occur at crowded intersections, parking lots, and poorly lit areas after dark. Determining who is financially responsible for damages following an accident, it is best to seek legal help. A Mansfield pedestrian accident lawyer could investigate the cause of your accident and help you obtain financial compensation. Speak to a seasoned personal injury attorney to discuss your rights and legal options for compensation.
Determining Liability Following a Pedestrian Accident in Mansfield
State laws address many of the potential scenarios involving encounters between motorists and pedestrians. Per Texas Transportation Code § 552.008, a driver should operate with care to prevent collisions with pedestrians. The vehicle operator should sound their horn when needed, and proceed with caution when the pedestrians are children or someone that appears disoriented or debilitated.
Drivers must always yield the right-of-way to pedestrians in crosswalks when no traffic signal exists when a pedestrian is on the same side of the road as the motorist is traveling or if approaching from the opposite side in a manner that appears dangerous. A pedestrian must yield the right-of-way to a vehicle when crossing outside of a crosswalk. An exception exists at intersections with unmarked crosswalks or designated pedestrian tunnels or bridges.
Most personal injury cases involve proving negligence. There are several vital elements needed to prove negligence such as:
- The defendant had a duty to prevent others from harm
- The defendant breached the duty to care
- The failure to adhere to the obligation to care was the proximate cause of the injury to the plaintiff
- The plaintiff incurred actual harm or damages
The standard of evidence used in civil matters is by a preponderance of the evidence, which is a lesser standard compared to beyond a reasonable doubt that applies in criminal actions.
Types of Recoverable Damages
The injured party may be able to recover compensation for various types of losses including economic, non-economic, and punitive damages. Economic damages are used to compensate for medical bills, lost wages from missing work, to repair or replace property, and others.
Non-economic damages are more challenging to quantify. Examples on non-economic damages include pain and suffering, anguish, or loss of enjoyment. The State of Texas does not impose caps or limits on the amount potentially awarded in these first two categories.
Exemplary or punitive damages are rarely applicable, as the intent is to punish the defendant for egregious acts. A jury may consider exemplary compensation only when the actions demonstrated gross negligence, fraudulent intent, or malice. The total recoverable amount is limited, which is calculated based on the compensatory awards.
Consult with a Mansfield Pedestrian Accident Attorney Today
Some drivers fail to exercise proper caution when they encounter pedestrians on the road. Collisions involving motor vehicles and pedestrians can result in devastating injuries or death. In addition to overwhelming physical trauma, the injured victims may suffer from significant emotional and financial ramifications. When a driver causes an accident, they could be held liable for damages.
Let a knowledgeable attorney help you seek compensation from the negligent party. Schedule a consultation with a Mansfield pedestrian accident lawyer to discuss your case.