National Highway Traffic Safety administration figures show that in 2015 a pedestrian was injured by a traffic accident every 7.5 minutes, and a pedestrian life was lost every 1.6 hours, all year long. Forty-eight percent of all pedestrian deaths involved alcohol. Pedestrian accidents are commonly caused by a driver’s negligence can result in serious injuries and damages. Pedestrian accidents are often the result of a distracted or aggressive driver, failure to yield the right-of-way, failure to stop, or poorly designed intersections. Even a car going at low speed can cause severe injuries to a pedestrian. The most common injuries are to the lower extremities for adults, the head, neck and face for children.
Persons who have been hurt due to negligence of someone else have the right to pursue a lawsuit in court. It is possible to recover damages such as:
- Emergency treatment costs and hospital bills
- Follow-up doctor’s visits
- Rehabilitation or physical therapy costs
- Long-term care expenses, such as skilled nursing care
- Lost time and wages while recovering
- Diminished future earning capacity
- Pain and suffering,
The specific circumstances of the pedestrian accident will determine whether the vehicle driver is criminally guilty. If the driver broke the law, was drinking while intoxicated or driving recklessly, the case may end up in court. Texas is a modified comparative negligence state, meaning that as long as you less than 50% at fault for the accident, you could still recover damages from the other party for the injury.
A civil claim can be made against the driver for an injured person or wrongful death and if found guilty can result in compensation.
Unfortunately, insurance companies do everything to limit their liability. It is important to contact an experienced Personal Injury Attorney who will navigate the process and fight for you.
If you have been injured by a vehicle while you were a pedestrian, The Sheller Law Firm will help you by analyzing your case for free to see what your chances are of recovering damages from the vehicle driver and/or owner.