Lubbock Pedestrian Accident Lawyer
Collisions between vehicles and a person often leave the pedestrian severely injured due to their lack of protection. Most often, these accidents involve negligent drivers who fail to see an individual in their path or even veer off the roadway and hit people who are walking or running.
If a vehicle struck you or a loved one, a Lubbock pedestrian injury lawyer could help you pursue legal action against the at-fault party. Anyone whose negligent acts or omissions played a role in the crash could be liable for paying damages. A dedicated attorney at Chad Jones Law could help you secure the compensation you deserve.
Establishing Negligence in a Pedestrian Accident
An individual is entitled to damages when they can prove that someone else was negligent, and the negligence led to an injury. Proving negligence requires an injured person (the plaintiff) to prove that:
- The defendant had a duty to the plaintiff
- The defendant breached the duty
- This breach caused an accident
- The accident then injured the plaintiff
In most cases, proving that a driver who collided with a pedestrian was negligent is straightforward. All drivers must obey the law, be attentive to their surroundings, and avoid people in the road. Generally, a driver who is safely operating their vehicle would not hit a pedestrian.
What If More Than One Party is At-Fault?
There are sometimes multiple at-fault parties in a pedestrian accident, and a diligent attorney in Lubbock could investigate to identify all parties whose negligence might have had a role. If a poorly-designed crosswalk was a factor, the city could have liability. A government entity could also be liable if the driver was a public employee on the clock. If a car’s brakes or steering failed, the manufacturer might be responsible. If the pedestrian’s behavior contributed to the accident—for example, if they were jogging at dusk in dark clothing—they could be responsible for some of their damages.
Fault Impacts Potential Compensation
Monetary damages compensate accident victims for losses they suffer due to someone else’s negligence. Medical expenses, lost wages, future healthcare costs, diminished future income earning potential, and any other verifiable losses could be compensated through a damages award. Plaintiffs also could receive non-economic damages, which are sums to acknowledge an individual’s physical pain, emotional anguish, and other intangible effects of their injury.
Texas Civil Practice and Remedies Code §33.003 outlines the court’s determination of responsibility in the instance of multiple at-fault parties. The court will allocate fault on a percentage basis, and each defendant will pay a portion of the plaintiff’s damages equal to their degree of fault. If a court determines a plaintiff’s own responsibility exceeds 50 percent, they are not entitled to damages.
Most cases resolve through negotiation before they go before a judge. However, the allocation of fault often is a contentious issue in pre-trial settlement talks. A Lubbock attorney could present evidence and arguments to ensure that the injured pedestrian does not bear an unfair share of the blame for an accident.
Contact a Lubbock Pedestrian Accident Attorney Today
If you were hit by a vehicle while walking or running, you might be suffering from severe or even permanent injuries. Recovering your physical and emotional well-being should be your priority, not dealing with the at-fault driver’s insurer.
A Lubbock pedestrian accident lawyer could handle the practical side of your recovery, negotiating with insurance companies and arranging a financial settlement to secure you and your family’s future. Call today to discuss your case with the seasoned professionals at Chad Jones Law.