Important Things You Need to Know About Vehicle Accidents With Pedestrians in Texas
If you are unfortunate enough to be involved in a car accident with a pedestrian, it is important to know what steps to take and how the fault will be determined. The first step is to remain at the scene and call for help. It is essential that you provide medical attention if necessary, as well as contact the police. Once the authorities arrive, they will investigate the incident and determine who was at fault.
In order to make the most of your claim, it is recommended that you seek legal advice from an experienced attorney who specializes in car accidents involving pedestrians. An attorney can help you understand your rights and ensure that all relevant evidence is collected and presented properly. Additionally, they can advise on any potential compensation or other remedies available to you. With their assistance, you can rest assured that your case will be handled professionally and efficiently.What to Do Immediately After the Pedestrian-Car Accident
After a pedestrian-car accident, it is natural to feel upset and overwhelmed. It is important to take a deep breath and focus on the safety of everyone involved. The first priority should be getting injured people to a safe place. Do not attempt to administer medical treatment unless there is an obvious emergency situation and you have proper training. Instead, call 911 or your local emergency services for medical help as soon as possible.
Once the injured are taken care of, it is important to exchange information with the other driver involved in the accident. Make sure to get their name, address, phone number, insurance information, license plate number, and make and model of their vehicle. Additionally, if there were any witnesses present at the scene of the accident, make sure to get their contact information as well so they can provide testimony if necessary. Finally, take pictures of the scene of the accident from different angles so that you have evidence for your insurance company or legal team if needed.Who Is at Fault?
When a vehicle collides with a pedestrian, the results can be devastating. The disparity between the vulnerable pedestrian and the heavy, powerful vehicle can make it difficult to determine who is at fault in these types of accidents. Generally, the fault is determined by the law of negligence which states that if a person fails to exercise reasonable care under the circumstances, they may be considered negligent.
In car-versus-pedestrian accidents, a driver can be deemed negligent and therefore at fault for running a red light or stop sign and hitting a pedestrian in an intersection. Other examples of driver negligence include failing to yield right of way to pedestrians in crosswalks or failing to slow down when approaching an intersection where there are pedestrians present. In any case, it is important for drivers to be aware of their surroundings and take extra caution when driving near pedestrians.What If the Driver and the Pedestrian Are Both at Fault?
When a driver and pedestrian are both at fault for an accident, the outcome can vary depending on the state. In states that follow a “pure contributory negligence” rule, if the pedestrian contributed in any way to the accident, they cannot recover damages from the driver or their auto insurance company in court. This means that even if the driver was speeding or otherwise negligent, if the pedestrian was jaywalking or not paying attention, they may be unable to receive compensation for their injuries.
In contrast, other states follow a “comparative fault” rule. Under this system, both parties are held responsible for their actions and damages are awarded based on each party’s degree of fault. For example, if it is determined that the driver was 70% at fault and the pedestrian 30%, then the pedestrian would be able to receive 70% of their damages from the driver or their auto insurance company. This system allows pedestrians to still receive compensation even when they may have been partially at fault for an accident.Hire a Car Accident 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.