Deciding to travel on foot may be the right choice for many people. For some, this is their preferred way to get to work or school. Others want to enjoy the local scenery or get fresh air and exercise. However, those who choose to walk in areas where cars, trucks, or other vehicles operate place themselves in danger of suffering life-changing injuries.
Drivers who cause injuries to pedestrians must provide full compensation to cover the losses of hurt people. Even so, obtaining these payments can be difficult, as drivers and their insurance companies may attempt to shift blame onto you or deny the extent of your losses. Reach out to a Montgomery County pedestrian accident lawyer now. A personal injury attorney is ready to investigate an incident, explain your rights under the law, and hold negligent drivers responsible for their actions.
Interactions between pedestrians and motor vehicles happen more often than most people realize. Typically, local laws require drivers to yield to people in crosswalks. Texas Transportation Code § 552.003 specifically states that drivers must allow pedestrians to cross the street when a pedestrian is already on the road. Violations of this law can see a driver pay a small fine.
However, proof of a crosswalk violation or any other traffic violation related to a collision is powerful evidence of liability for a pedestrian’s losses. The legal concept called negligence per se means a driver who violates a law at the time of an accident is presumably to blame for all resulting damage. A pedestrian accident attorney in Montgomery County could help leverage a traffic ticket into a strong demand for compensation.
A defendant driver violating a rule of the road does not mean success in a case is guaranteed. The same crosswalk statute also obligates pedestrians to not suddenly enter the road in a way that does not give a driver proper time to react. Many pedestrian collision cases result in a balancing act between the actions of all involved parties.
It is easy to presume a driver is to blame for a collision with a pedestrian. After all, a vehicle is unlikely to sustain heavy damage, and a driver will rarely endure any physical injuries. However, every accident case must address the concept called modified comparative negligence.
Texas Civil Practice & Remedies Code §33.003 creates a potential defense against liability for drivers. It states that courts will evaluate the actions of all people involved in an accident and assign blame based on those actions. If a court believes a pedestrian shares responsibility, it must reduce their award at trial.
Defendants can use this law to their advantage in many ways. They may allege that a pedestrian:
Fighting against these allegations of shared blame is one way a pedestrian accident lawyer in Montgomery County could help. They work to obtain the maximum evidence showing a driver was the sole responsible party for a collision.
Pedestrians deserve to feel safe while on foot in the Montgomery County area. This includes crossing the street, moving on sidewalks, or traveling from their vehicles to stores or homes. Drivers must provide this protection and are liable to provide compensation if their violations result in injuries.
Hiring a Montgomery County pedestrian crash lawyer to handle your case could increase your chances of proving driver fault for these incidents. It could also help connect your physical injuries and other losses to a driver’s negligence. Contact our office now to discuss your legal options.