A pedestrian accident is legally actionable when it is caused by another party’s negligence. For example, if a drunk driver swerved out of their lane and injured you, you can take legal action against them since drunk driving is a form of negligence. It isn’t always this straightforward to prove negligence, which is why many injury victims decide to partner with a Dallas pedestrian accident lawyer.
Your personal injury attorney can prove the elements of negligence to demonstrate that another party was at fault for your accident. Once they have proven negligence, they can help you pursue the fair compensation you deserve.
Negligence Defines a Pedestrian Accident as Legally Actionable
Legal action can be pursued for compensation or to address the negligence of the at-fault party. The elements of negligence that your personal injury lawyer must prove include:
Duty of Care
The first element is establishing that the at-fault party (often a driver) owed a duty of care to you, the pedestrian. This means that the at-fault party had a responsibility to act in a way that would not harm others. In the context of road use, drivers have a duty to follow traffic laws, pay attention to their surroundings, and drive in a manner that avoids harming pedestrians.
Breach of Duty
Once a duty of care is established, it must be shown that the at-fault party breached that duty through negligence. This could involve actions like speeding, driving under the influence of alcohol or drugs, failing to yield at crosswalks, or engaging in distracted driving.
Causation
It must be demonstrated that the at-fault party’s breach of duty directly caused your injuries. This means showing a direct link between the negligent action and the harm suffered.
Damages
Finally, you must have suffered actual damages from the accident. This includes not only physical injuries but can also encompass emotional distress, medical expenses, lost wages, and other forms of losses.
When these elements are present, a pedestrian accident is considered legally actionable. The victim (or their family, in cases of fatal accidents) may pursue a personal injury or wrongful death claim against the responsible party. The aim of such legal action is typically to recover compensation for the damages suffered due to the accident.
The specifics of what is required to prove these elements can vary by jurisdiction, as different places have different laws and standards for negligence and liability. If you were hurt in an accident, you can reach out to a personal injury law firm to discuss your case’s details.
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Examples of Negligence in Pedestrian Collision Cases That Could Entitle You to Financial Compensation
If you’re involved in a pedestrian accident, various forms of negligence can entitle you to a settlement. Here are some common examples:
- Distracted driving: This includes drivers who are texting, talking on the phone, using a navigation system, eating, or engaging in any other activity that takes their attention away from the road.
- Speeding: Drivers exceeding speed limits or driving too fast for conditions are more likely to cause accidents, as their reaction times and stopping distances increase.
- Failure to yield right of way: Many pedestrian accidents occur at crosswalks or intersections where drivers fail to yield the right of way to pedestrians, as required by law.
- Driving under the influence: Drivers who are under the influence of alcohol, drugs, or any substance that impairs their ability to drive safely pose a significant risk to pedestrians.
- Disobeying traffic signs or signals: This includes running red lights, ignoring stop signs, or any other failure to follow traffic laws designed to protect pedestrians.
- Poorly maintained vehicle: If a vehicle’s failure, such as brake failure or malfunctioning headlights, led to the accident, and it can be shown that the owner neglected proper maintenance, this could be considered negligence.
- Failure to signal: Drivers who fail to use turn signals to indicate their driving actions can confuse pedestrians and other drivers, leading to accidents.
- Driving on sidewalks: Vehicles that encroach onto sidewalks or pedestrian paths pose an obvious risk to pedestrian safety.
- Poor road design or maintenance: While not directly related to driver negligence, if a poorly designed or maintained road contributed to the accident, the entity responsible for the road might be considered negligent.
A car accident lawyer can collect evidence to prove how a negligent driver caused you harm.
Damages You Can Recover in a Legally Actionable Pedestrian Accident Case
In a pedestrian accident case, you may be entitled to recover various types of damages, depending on the specifics of your case. Your settlement could cover:
- Medical expenses: Covers past, current, and future medical treatment related to your injuries, including hospital stays, surgeries, medications, physical therapy, and any necessary medical equipment.
- Lost wages: Compensation for the income you lost while recovering from your injuries.
- Loss of earning capacity: If your injuries impact your ability to earn a living in the future, you may be compensated for this loss.
- Rehabilitation costs: Expenses for physical and occupational therapy or any rehabilitative services needed to assist in your recovery.
- Pain and suffering: Compensation for the physical pain you experienced due to the accident.
- Emotional distress: Covers the psychological impact of the accident, such as anxiety, depression, and post-traumatic stress disorder (PTSD).
- Loss of enjoyment of life: If your injuries prevent you from enjoying daily activities and hobbies you once participated in.
- Wrongful death damages: Your family could recover compensation for lost financial support, lost household services, and mental anguish.
You generally only have two years to recover these damages via a wrongful death or personal injury lawsuit, per Texas Civil Practice and Remedies Code § 16.003. It’s important to get started on your case right away to avoid missing the statute of limitations deadline.
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Contact Loncar Lyon Jenkins to Find Out If Your Pedestrian Accident Case Is Legally Actionable
If you or someone you love was hurt in a pedestrian accident, you may be able to take legal action against the at-fault party. The lawyers at our personal injury law firm will fight for the case outcome you deserve.
Call us today to begin your case with a free initial consultation. Loncar Lyon Jenkins is open 24/7 to take your call.