Sealy Pedestrian Accident Attorney
Pedestrian accidents have become increasingly common in the U.S., a trend that has largely been attributed to more traffic, a higher number of pedestrians and cyclists on the road, and the prevalence of distracted driving. In fact, the Centers for Disease Control and Prevention (CDC) estimates that around 137,000 people sustained non-fatal injuries in pedestrian accidents in 2017 alone. Tragically, an additional 5,977 people lost their lives.
Pedestrian-motorist accidents tend to result in serious injuries that require complex treatments and hefty medical bills, making it especially important for those who have been struck by a car, truck, motorcycle, or other motor vehicle, to contact an experienced Sealy pedestrian accident attorney, who can help them seek compensation for their losses.
Pedestrian Accident Causes
Most pedestrian accidents occur because a motorist:
- Failed to yield the right-of-way to a pedestrian;
- Was driving while distracted;
- Ignored a traffic signal or rule; or
- Operated a vehicle while intoxicated.
Pedestrians who cross the street at designated crosswalks, wear retro-reflective clothing at night, and walk on sidewalks whenever possible, significantly reduce their chances of being involved in a collision. Taking these precautionary measures, however, by no means guarantees that a pedestrian won’t be injured as a result of someone else’s negligence. Unfortunately, the injuries sustained in these kinds of accidents tend to be particularly severe for pedestrians and include everything from broken bones and head trauma to nerve damage and amputations.
Liability in Pedestrian Accidents
To receive compensation for accident-related injuries, pedestrians must be able to prove that the driver:
- Owed the plaintiff a duty of care;
- Failed to exercise due care; and
- Caused the plaintiff to suffer an injury as a result of his or her breach.
Proof that these elements were fulfilled in a particular case can come in a number of different forms, but the most common include video recordings from traffic cameras, photographs from the scene of the accident, the injured party’s accident-related medical records, and eyewitness testimony. In some cases, it may also be necessary to obtain the help of an expert who can reconstruct the accident in its entirety. To learn more about determining who was at fault for your own accident, please call our legal team today.
Comparative Fault
Fortunately, even when a pedestrian contributed to his or her own accident in some way, that individual could still be entitled to some monetary compensation. This is because Texas adheres to the legal theory of modified comparative fault, which states that plaintiffs whose negligence helped cause or contribute to an accident won’t automatically be barred from recovery. Instead, their damages award will merely be reduced by their degree of fault in causing the accident. If, however, it is determined that a plaintiff was more than 50 percent at fault, he or she will be prohibited from recovering compensation.
Were You Injured in a Pedestrian Accident?
For help filing your own pedestrian accident claim against the person who caused your injuries, please contact our dedicated Sealy pedestrian accident legal team at The West Law Office, PLLC. You can reach us at our office by calling 281-347-3247 or by completing one of our brief online contact forms.
