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If I Was Hit by a Car as a Pedestrian in Texas, What Do I Do?

According to the National Highway Traffic Safety Administration (NHTSA), over 4,700 pedestrians died in traffic crashes in 2017. This represents a 2% increase from 2016. Of those deaths, approximately 66,000 pedestrians sustained injuries requiring emergency medical care. In fact, the majority of pedestrian fatalities occur during daylight hours.

The NHTSA reports that the most common cause of pedestrian fatalities is vehicle operators failing to yield the right of way while turning left across lanes of moving traffic. Another leading cause of pedestrian fatalities is drivers running red lights or stop signs. Other factors include hazardous weather conditions such as rain, snow, sleet, hail, fog, smoke, dust, sand, and falling objects.

Who Is Liable for a Pedestrian Hit by Car Injuries?

The driver of a vehicle is usually considered responsible for injuries sustained in a traffic accident. However, there are exceptions to this rule. If you are injured due to someone else’s negligence, you may be able to file a personal injury claim against that person. This article explains what happens when a pedestrian is hit by a car and how you might be compensated for your injuries.

In most states, it is illegal for motorists to run over people walking across the street. When a motorist hits a pedestrian, he or she could face criminal charges such as vehicular assault or manslaughter. A victim may also be entitled to compensation for medical bills, lost wages, pain, suffering, and even punitive damages.

Pedestrians are required to follow certain safety precautions while crossing streets. They must look both ways before stepping onto the roadway, and they must use designated crosswalks at appropriate times. Failure to do so may lead to civil liability.

If you believe that another party caused your injuries, you should consult with an experienced attorney about filing a personal injury lawsuit.

How Does Compensation Work for Pedestrian Car Accident Cases?

There are several ways that pedestrians can recover monetary damages following a motor vehicle collision. These include filing a personal injury lawsuit against the negligent driver, seeking reimbursement under the no-fault law, and tapping into the liability coverage of another person. Depending on the circumstances surrounding the accident, one or more of these options might apply.

The first option, suing the driver, requires the plaintiff to prove negligence on the part of the defendant. This usually involves proving that the defendant failed to exercise ordinary care while driving, which resulted in the injuries sustained by the plaintiff. In addition, the plaintiff must show that the defendant's failure to act reasonably increased the risk of harm to the plaintiff.

If you choose to sue the driver, it is important to understand that you could face many obstacles along the way. For example, the statute of limitations for most types of civil lawsuits is generally three years. Additionally, the burden of proof lies with the plaintiff, meaning he or she must prove every element of the case beyond a reasonable doubt. 

Well-Organized Paperwork Makes for a Stronger Insurance Claim!

Insurance claims are often complicated affairs that require thorough documentation. But it doesn't have to be difficult to keep track of everything you need to do. Here are some tips to make sure you don't miss anything vital to your claim.

1. Keep Everything Organized

Keeping paperwork organized makes it easier to find what you're looking for later. Start by creating a folder where you store all of your documents related to your case. You'll want to keep copies of every document you receive, including photos, emails, letters, receipts, and even invoices. If you're working with an attorney, ask him or her about the filing systems he or she uses.

2. Use Templates Where Possible

If you're sending out multiple forms, use templates to save yourself time. For example, if you send out a letter to each party involved in the accident, use a template to write the same information in different sections. This saves you time and ensures that everyone receives the same information.

3. Don't Forget About Photos

Photos are another key piece of evidence that can help determine liability. Take pictures of the scene immediately following the crash, and again the next day to show how things look now. Make sure to take photos of the damage done to both vehicles and property.

Talk to a Lawyer

An 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.

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