Careless drivers hurt hundreds of pedestrians every year. Many of these pedestrians tragically suffer life-altering injuries and losses as a result. Unfortunately, even if you have extensive evidence proving a driver who struck you was legally negligent, turning that evidence into a successful civil claim could be extremely complicated and time-consuming.
If you want to maximize compensation after being injured in a crash like this, speaking with a Temple pedestrian accident lawyer could be a critical first step. With guidance from a personal injury attorney, you could effectively enforce your legal rights and demand the restitution you deserve for the harm you should never have sustained.
Recoverable Damages Through a Successful Claim
Even at relatively low speeds, collisions between motor vehicles and pedestrians could have devastating consequences. Generally, pedestrians have no protection from external impacts, making a collision with a vehicle even more dangerous. Common injuries like lacerations, ligament tears, and broken bones could leave an accident victim unable to work while dealing with expensive medical bills. More severe injuries like spinal cord damage and traumatic brain injury may result in permanent disability or disfigurement.
Fortunately, Texas state law does not restrict the rights of any motor vehicle accident victim to demand compensation for their ensuing losses. A comprehensive claim could demand restitution for damages like:
- The costs of past and future medical care, including rehabilitative treatments
- Lost work income and earning ability
- Personal property damage
- Physical pain from injuries
- Psychological and emotional trauma
- Reduced overall quality of life
A skilled attorney in Temple could review the details of a pedestrian collision and offer advice about what losses to include in a settlement demand or lawsuit.
Proving Someone at Fault for a Pedestrian Crash
Although it might be understandable to assume otherwise, the law does not automatically consider a motor vehicle driver involved in a pedestrian wreck at fault for a collision. A pedestrian crash claim bases liability for injuries on negligence, which is defined as one or more parties acting contrary to an established duty of care and directly causing avoidable harm.
This duty requires motorists to maintain awareness of their surroundings and follow traffic laws. For example, driving through a red light without stopping, turning on a green arrow, or failing to look for pedestrians in a crosswalk could constitute legal negligence. However, an injured pedestrian could bear partial or even primary fault for their injuries if they were also irresponsible in some way. For instance, if they were jaywalking or looking at their phone while crossing a busy street, their claim might not be as compelling. Guidance from a seasoned lawyer could be vital in proving someone else’s fault and disproving allegations of comparative fault when filing a pedestrian wreck case in Temple.
Seek Help from a Temple Pedestrian Accident Attorney
Misconduct by motor vehicle drivers leads to thousands of preventable pedestrian injuries each year. If you were severely hurt in an accident, talking to legal counsel about possible civil litigation could make all the difference in your future. A Temple pedestrian accident lawyer could help you understand your options for pursuing financial compensation. Call today to schedule a consultation.