Whether it happens in a crosswalk, on a sidewalk, in a crowded parking lot, or anywhere else, any traffic accident involving a pedestrian has the potential to cause devastating and debilitating injuries. To make matters worse, holding a negligent driver accountable for hitting and injuring you is rarely as simple as showing they were the one behind the wheel, since there are various circumstances under which a pedestrian could be found partly or even mostly to blame for their own accident.
A personal injury attorney experienced with handling cases like yours could play a key role in ensuring the best possible outcome. Once retained, a dedicated San Marcos pedestrian accident lawyer could tenaciously advocate on your behalf and demand fair compensation for every form of harm stemming from your injuries, including losses that have yet to happen.
How Fault Works in Pedestrian Crash Claims
All motor vehicle drivers have a duty to navigate safely and protect other people on the road. If they violate this duty, they could be held civilly liable for their actions. Any driver whose reckless or careless action is the direct cause of a collision with a pedestrian is legally negligent, which means they could be held accountable for any resulting injuries and losses.
However, pedestrians can also be negligent and partially contribute to an accident. For example, by entering a crosswalk when they do not have a walk signal or crossing the street at night while wearing dark clothing, a pedestrian could be considered reckless. If a court finds that an injured pedestrian’s careless conduct was a contributing factor in their own injuries, state law allows that court to reduce the total amount of compensation the pedestrian recovers by their percentage of total blame for the accident.
On top of that, Texas Civil Practice & Remedies Code §33.001 prohibits anyone found mostly at fault for their own injuries from collecting any compensation. A San Marcos lawyer could explain how this modified comparative fault system works in more detail and determine whether these rules would apply to a particular pedestrian accident case.
Recovering Compensation for All Losses
Fortunately, Texas differs from some other states in the fact that it does not impose any caps on the total compensation that a plaintiff can demand after a personal injury or pedestrian accident. This means that a successful settlement demand or lawsuit can seek restitution for the full value of a pedestrian’s economic and non-economic losses, including:
- Past, current, and future medical expenses
- Lost work income or reduced earning capacity
- Personal property damage
- Physical pain and psychological distress
- Reduced enjoyment of life or the other effects of permanent disability.
It might be challenging for an injured pedestrian to take the lead and fight for the full extent of financial compensation they deserve, but a proactive attorney in San Marcos could assess a plaintiff’s losses and help them communicate the impact that the accident has had on their life.
Seek Help from a San Marcos Pedestrian Accident Attorney
Getting hit by a car at any speed while walking can cause injuries with long-lasting consequences. Recovering fully for losses this substantial can be next to impossible without guidance from experienced legal counsel, even if it seems obvious who bears fault for your accident.
Talking to a San Marcos pedestrian accident lawyer should be your top priority. Call today to schedule a consultation and learn more about your legal options.
