Drivers can become so focused on the road and other cars they forget about pedestrians. However, the law provides pedestrians the same protections as those riding in vehicles. Pedestrians injured by reckless drivers have the right to hold these negligent parties responsible.
An experienced College Station pedestrian accident lawyer could help you recover damages for your injuries. One of our skilled personal injury attorneys could identify the strengths in your case and utilizes them to advocate on your behalf.
Holding the Driver Responsible
Under Texas Transportation Code §52.008, drivers owe a duty to exercise due care to avoid causing others on the road harm, including pedestrians. Drivers who fail to exercise due care are negligent. A defendant whose negligence resulted in an injury is liable to the plaintiff for damages from the injury.
To establish the defendant failed to exercise due care, the claimant must demonstrate they operated the vehicle unreasonably. The circumstances of the accident determine the reasonableness of the driver’s actions. As such, a driver’s actions are unreasonable when the average person would not have acted in such a manner in the same circumstances.
Proving what is reasonable can be subjective, and therefore, can be difficult to prove. Someone was suffered injuries in a pedestrian accident could contact a College Station attorney for help establishing negligence on behalf of the defendant.
Causes of Pedestrian Accidents
Pedestrian accidents are not limited to vehicles colliding with people in crosswalks. Many of these incidents occur outside of crosswalks as a result of reckless driving behaviors. Anytime a pedestrian is walking near cars, there is potential for an accident. Some of the common causes of pedestrian accidents are:
- Running a stoplight or stop sign
- Failing to follow the speed limit
- Failing to check for pedestrians
- Failing to yield the right of way to pedestrians in a parking lot
Depending on the cause of the pedestrian accident, a lawyer in College Station could help an injured person file a claim against the responsible party.
Responsibilities Pedestrians Have on the Road
A pedestrian also has a legal responsibility to act reasonably when walking on or near roadways. When walking in a crosswalk, the pedestrian must abide by traffic signals indicating when they are allowed to cross. Additionally, a pedestrian not using a crosswalk must yield to an approaching vehicle and wait to cross until it is clear.
Failure by the pedestrian to exercise reasonable care may result in a reduction of the recovery they receive. An injury that arises out of the plaintiff’s fault, or partial fault, is not the defendant’s full responsibility. In these situations, a judge may reduce a claimant’s damages by the percent of fault they contributed to causing the accident. A skilled College Station attorney could help establish the pedestrian did not contribute to the accident.
Meet with a College Station Pedestrian Accident Attorney
Pedestrian accidents can significantly alter someone’s life. A lawsuit can be technical and complicated, so let an experienced attorney help you. Our firm could help you receive damages appropriate for the injuries you suffered. A skilled College Station pedestrian accident lawyer could be the difference your case needs. Receive the damages you deserve and hold the defendant responsible with the help of one of our attorneys.