When a car hits a pedestrian in Texas, the at-fault driver is responsible for paying medical expenses, wage losses, and other applicable damages related to the crash. The injured pedestrian would typically file a claim against the at-fault driver's insurance company. However, if the driver is uninsured or it was a hit-and-run accident, there may be no source of liability insurance for the pedestrian to make a claim against. Even if the driver is insured, Texas only requires minimum liability coverage of $30,000 per person or $60,000 for an auto accident with multiple victims.
In such cases where there is no source of liability insurance available to cover damages incurred by the pedestrian, it can be difficult to determine how much their case is worth. It’s important to seek legal advice from an experienced attorney who can help you understand your rights and options when filing an injury claim as a pedestrian in Texas. An experienced lawyer will also be able to evaluate your case and provide guidance on how much compensation you may be entitled to receive.
Can a Pedestrian Be at Fault in an Accident?Yes, a pedestrian can be at fault in an accident. Even though the driver of the automobile is usually held responsible for any collision with a pedestrian, there are cases where the pedestrian may be partially or even entirely liable. For example, if a pedestrian fails to follow right-of-way rules and steps into traffic without looking, they could be held at least partially liable for any resulting accident. In some cases, pedestrians may also be found to have acted negligently by failing to exercise reasonable care when crossing the street or walking near traffic.
In addition to failing to follow right-of-way rules, pedestrians can also be held liable if they are distracted while crossing the street or fail to use designated crosswalks. Pedestrians should always remain alert and aware of their surroundings when walking near traffic and take extra caution when crossing streets. By taking these precautions, pedestrians can help reduce their chances of being involved in an accident and potentially being found at fault.
How Texas Law Affects Your Pedestrian Accident CaseTexas law can have a major impact on the outcome of your pedestrian accident case. As a modified contributory negligence state, you can only recover financial compensation if you are found to be 50% or less at fault for the accident. Furthermore, any damages awarded will be reduced by your share of the fault. For example, if you are claiming $100,000 and a jury finds you 25% responsible, you can only recover $75,000.
Personal injury cases where the fault is shared or unclear can be difficult to resolve and often take longer than expected. It is important to work with an experienced personal injury lawyer who understands Texas law and can help protect your legal rights while working toward a fair resolution. Your lawyer will also be able to advise you on how best to proceed in order to maximize your chances of recovering the compensation that you deserve.
Talk to a LawyerAn experienced accident lawyer in Harris County, Galveston County, Fort Bend County, Montgomery County, Brazoria County, Houston, Sugar Land, Missouri City, and Stafford, Texas at Thornton Esquire Law Group, PLLC, can help you with your accident case. Contact us today at www.thorntonesquirelawgroup.com for a free consultation.