Things to Know in Determining Liability for Pedestrian Accidents in Texas
Pedestrian accidents can cause some of the most serious injuries of all traffic accidents. Pedestrians are particularly vulnerable to severe injuries such as bone fractures, traumatic brain injuries, and spinal cord injuries when hit by motor vehicles. It can be difficult to determine who is responsible for a pedestrian accident since both the driver of the motor vehicle and the pedestrian may have contributed to the collision.How Is Liability Determined in Texas?
In Texas, liability for a car accident is determined by tort law. This means that the party who commits a tort, or wrongdoing, will be held liable for any damages caused by the crash. Common torts include breaking roadway rules, speeding, distracted driving, and driving under the influence of alcohol. The person at fault for the accident – or more often their insurance company – will be responsible for paying for victims' injuries, medical bills, and other damages in Texas. This is different from no-fault states where all parties file claims with their own insurance companies regardless of fault for the collision.
In order to determine liability in Texas, it is important to understand what happened during the crash and who was at fault. Evidence such as police reports, witness statements, and photographs can help establish who was responsible. Additionally, an experienced attorney can help evaluate evidence and build a strong case to prove liability in court if necessary. It is important to remember that even if someone else was at fault for the accident, they may not be held liable if they were not negligent or careless in some way.Common Liable Parties in Pedestrian Accident Cases
Pedestrian accidents are a major problem in the United States, with the Texas Department of Transportation reporting 717 pedestrian fatalities in 2020 alone. This is an 8.5 percent increase from 2019, and it highlights the need for greater safety measures to protect pedestrians. In many cases, these accidents are preventable and occur due to negligence or carelessness on the part of one or more parties.
When a pedestrian accident occurs, it is important to identify who is liable or at fault for the incident. The most common liable party in these cases is usually the driver involved in the accident. However, other parties such as vehicle manufacturers, road maintenance crews, and even pedestrians themselves can also be held responsible depending on the circumstances. It is important to investigate all potentially liable parties when filing a claim for damages related to a pedestrian accident.How to Prove Fault for a Pedestrian Accident
When a pedestrian is injured in an accident, they must prove that the other party was at fault in order to receive compensation for their damages. This requires clear and convincing evidence that the defendant is more likely than not responsible for the accident. Evidence to support a pedestrian accident case may include eyewitness testimonies, police reports, photographs, and videos of the scene, crash reconstruction analysis, and medical records.
An experienced lawyer will be able to identify all potential sources of evidence and use them to create a compelling argument on behalf of their client. They can also provide legal advice and guidance throughout the process, helping victims understand their rights and navigate the complexities of personal injury law.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.