Even though efforts to improve sidewalks and infrastructure and keep pedestrians safe have advanced a lot in recent years, people walking near roadways can still be harmed by negligent drivers. Collisions between motor vehicles and pedestrians cause hundreds and sometimes thousands of serious injuries in Texas each year, often with debilitating and potentially fatal consequences.
If you were hurt while walking because a reckless or careless driver ran into you, taking advantage of your legal right to civil recovery could be challenging without an experienced personal injury attorney’s guidance. By working with a Kyle pedestrian accident lawyer who knows how to effectively pursue this type of case, you could substantially improve your odds of securing a favorable case outcome and obtaining the compensation you deserve.
Are Drivers Always Responsible for Pedestrian Accidents?
Given how much more likely pedestrians are to suffer serious injuries in collisions with motor vehicles compared to the drivers who hit them, many people assume that drivers are always considered at fault for pedestrian injuries. While it is true that pedestrian accidents often stem from driver negligence, liability for ensuing injuries does not always fall on the party least likely to be severely hurt.
Regardless of the facts surrounding an accident, the injured pedestrian has the burden of proving that another person or entity’s negligence directly caused their damages and that they themselves were not primarily responsible for causing their own injuries if they wish to recover compensation. A pedestrian may be found partially responsible for their injuries if they crossed the street outside a crosswalk, stepped out into traffic suddenly, or did anything else unreasonable that increased the odds of an accident occurring.
In that case, Texas Civil Practice and Remedies Code §33.012 allows a court to reduce the value of their final damage award in proportion to their assigned percentage of liability. Otherwise, Texas Civil Practice and Remedies Code §33.001 bars any accident victim who bears more fault for their injuries than all defendants combined from recovering any compensation whatsoever.
Seeking Fair Recovery within Filing Deadlines
Even if an injured pedestrian has evidence showing that the driver who struck them is 100 percent to blame for the accident, they may still be barred from recovering compensation if they wait too long to file suit. According to Texas Civil Practice and Remedies Code §16.003, pedestrian accident victims must start their claim within two years of sustaining or discovering their injuries to obtain civil compensation, with few exceptions. Otherwise, the court may dismiss their case altogether.
In light of this, it is crucial to retain a skilled lawyer in Kyle as quickly as possible after a pedestrian accident. With enough time to build a comprehensive and compelling claim, seasoned legal counsel could help recover both economic and non-economic losses, including medical expenses, lost work income, physical pain, psychological trauma, and more.
Speak with a Kyle Pedestrian Accident Attorney Today
There is no single best approach to pursuing civil restitution when a motor vehicle strikes a pedestrian and causes injury. If you want a fair shot at financial recovery in your case, hiring knowledgeable legal representation could be a virtual necessity.
A Kyle pedestrian accident lawyer can give custom-tailored guidance and advocacy throughout every stage of your case. Call today for a private consultation with Attorney Rian Butler.