Knowing What to Do Immediately After the Pedestrian Car Accident in Texas
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. First, get any injured people to a place of safety. Do not attempt to administer medical treatment unless there is an obvious emergency situation and you have proper training. If anyone has been injured, call 911 immediately for medical help.
It is also important to exchange information with the other driver involved in the accident. Make sure to get their name, contact information, insurance company name, policy number, license plate number, make and model of the car they were driving, as well as any witnesses that may have seen the accident occur. Additionally, take pictures of the scene if possible. This will be helpful when filing an insurance claim or making a police report later on.Who Is at Fault?
When a vehicle collides with a pedestrian, the results can be devastating. Injuries and fatalities are not uncommon in these kinds of accidents, even when the vehicle is traveling at relatively low speeds. The disparity between the vulnerable pedestrian and the heavy, powerful vehicle can make it difficult to determine who is at fault for the accident.
Generally, the fault is determined by the law of negligence. This means that if a person fails to exercise reasonable care under the circumstances, they may be considered negligent and therefore at fault for any resulting damages or injuries. For example, if a driver runs a red light or stop sign and hits a pedestrian in an intersection, they may be deemed negligent and therefore liable for any resulting harm. It is important to remember that even low-speed collisions can cause serious injury or death to pedestrians, so drivers must always take extra caution when driving near them.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 of the case can vary depending on the state in which it occurred. In states such as Maryland and Virginia, a “pure contributory negligence” rule is followed. This means that if the pedestrian contributed in any way to the accident, they cannot recover damages from the driver or their auto insurance company in court. On the other hand, some states follow a “comparative fault” rule. Under this system, both parties may be held liable for their respective contributions to the accident. The amount of compensation each party receives will depend on how much fault each party holds for causing the accident.
In either case, it is important to understand your rights and responsibilities when involved in an accident with a pedestrian. If you are found to be at fault, you may be responsible for paying medical bills and other costs associated with the incident. It is also important to remember that pedestrians have rights too; they should not be blamed solely for an accident if they were not entirely at fault. Knowing your rights and understanding how different states handle these types of cases can help ensure that you receive fair treatment if you ever find yourself in this situation.What If I Hit a Pedestrian With My Car and They Had No Injuries?
In the event that a pedestrian is hit by a car and appears to have no injuries, it is important to remember that this does not necessarily mean that there will be no insurance-related injury claim or personal injury lawsuit. Even if the pedestrian has only minor scrapes and bruises, they may still choose to file an insurance claim or pursue legal action. Furthermore, it is important to keep in mind that people who are in traffic accidents often experience a release of adrenaline and endorphins which can mask pain. This means that even if the pedestrian seems fine immediately after the accident, they could still suffer from more serious injuries later on.
It is therefore essential for drivers who have been involved in an accident with a pedestrian to take all necessary precautions and ensure that the pedestrian receives any medical attention they need. This includes calling emergency services if necessary and providing information about the incident to their insurance company. Taking these steps can help protect both parties involved in case of any unexpected medical issues arising from the accident.What If I Hit Someone With My Car and They Walked Away?
If you hit someone with your car and they walk away from the scene, it is important to remember that this does not necessarily mean that they are uninjured. Endorphins and adrenaline can mask pain, so a pedestrian who appears uninjured at the time of the accident might experience significant discomfort later on. It is also important to be aware of state laws regarding traffic accidents; in some cases, pedestrians may be required to remain at the scene and exchange information with drivers involved in the accident. However, even if a pedestrian fails to do this, it will likely not affect their right to make an injury claim if another driver was at fault.Can I Sue the Pedestrian for Damages?
In most cases, it is not possible to sue a pedestrian for damages after a car-versus-pedestrian accident. This is because the pedestrian almost always suffers more severe injuries than the driver, even if there is significant vehicle damage. However, there are some situations where it may be worth taking legal action against a pedestrian. For example, if the driver swerved to avoid hitting a jaywalking pedestrian and caused extensive damage to their vehicle when they drove off the roadway, then the pedestrian may be at fault for the crash and could be held liable for any damages incurred by the driver.
The main drawbacks of suing a pedestrian are that it can be difficult to prove that they were more at fault than the driver and that it can be costly in terms of time and money. Additionally, even if successful in court, there is no guarantee that any compensation will cover all of the costs associated with an accident. Therefore, before deciding to take legal action against a pedestrian, drivers should carefully consider all of their options and weigh up whether or not it is worth pursuing such an action.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.