Pedestrians have a higher risk of being injured in traffic accidents compared to individuals traveling in motor vehicles. Unfortunately, this fact has been supported by hundreds of examples across the state every year. However, if you were hurt while walking because a careless driver struck you, you may be eligible to receive financial compensation for your injuries.
Although achieving a positive case result in a pedestrian accident can be challenging, a seasoned personal injury attorney could help. Retaining a New Braunfels pedestrian accident lawyer after a collision could be a crucial step in getting the compensation you need to pay for quality medical care.
Who is at Fault in Pedestrian Crashes?
Although motor vehicle occupants do not always exercise caution around pedestrians, they are not always liable for a walker’s damages. Several factors may be considered to determine who is liable for a pedestrian’s injuries. Likewise, anyone seeking financial compensation after a pedestrian accident must follow the same guidelines as a person filing for any other type of personal injury claim. For example, an individual must prove through viable evidence that a defendant’s negligence was the direct and primary cause of their injuries.
In addition, it is crucial for an injured pedestrian to prove they did not act in a way that contributed to an accident. For example, a walker or jogger must prove that they were not wearing dark clothing at night or stepping into the street suddenly without utilizing a crosswalk. According to Texas Civil Practice & Remedies Code § 33.012, if a court finds that a pedestrian was partially to blame for being struck by a vehicle, it can reduce the value of their financial recovery based on the portion of fault assigned to them.
Similarly, TX Civ. Prac. & Rem. Code § 33.001 prohibits any pedestrian found primarily liable for their injuries from recovering any compensation. An experienced attorney in New Braunfels could provide guidance about liability in pedestrian crashes and ensure that a court does not unfairly limit a plaintiff’s recovery.
The Statute of Limitations for Pedestrian Wreck Claims
Another procedural roadblock that pedestrian accident victims should be aware of is the statute of limitations for personal injury litigation. Under TX Civ. Prac. & Rem. Code § 16.003, a person who sustains an injury due to another person’s negligence cannot file a claim for those injuries if more than two years have passed since the accident occurred.
Unfortunately, there are few exceptions to this rule and anyone who fails to file a lawsuit within the timeframe may be permanently disqualified from seeking compensation for their injuries. A skilled pedestrian injury lawyer in New Braunfels could build a strong case for an injured claimant within applicable filing deadlines.
Get in Touch with a New Braunfels Pedestrian Accident Attorney
Whether it happens at a busy intersection or in the middle of a two-lane road, pedestrian accidents often cause physical, financial, and personal losses for those traveling on foot. In some cases, these losses are life-altering and make take years to recover from. Fortunately, you have the legal right to preserve your future and quality of life, despite the harm that another person caused you.
A dedicated New Braunfels pedestrian accident lawyer could help you navigate through settlement negotiations and court proceedings to get the best outcome possible. Call today to learn more and get started on your legal claim.