KHNS.TV, a news station out of Laredo, Texas, recently recorded an exclusive interview with the survivor of a horrible late August car accident that took the lives of two women. The heartbreaking accident occurred when a speeding driver lost control of his truck and struck three women jogging on the sidewalk. Pedestrian accidents are often extremely severe as was the case in this Laredo crash. It is important that our roads are kept safe for pedestrians. If you have been injured in a car accident as a pedestrian, an experienced pedestrian accident attorney can help.
How Do Pedestrian Injury Lawsuits Work?
As with other personal injury cases, each state has its own rules and regulations regarding pedestrian accidents. In Texas, a pedestrian does not automatically have the right of way when crossing a road. As a practical matter this means that a driver is not necessarily liable for a pedestrian’s injuries after an accident with a pedestrian. An attorney with experience handling pedestrian car accident injuries will be necessary to recover compensation. In the vast majority of pedestrian accidents, the legal theory which liability is based on is the negligence of the driver.
Proving Negligence In A Pedestrian-Car Accident
Proving the driver is at fault for a pedestrian accident will likely require proving that the driver was negligent. The legal standard of negligence has four different factors: duty, breach, causation and damages. In the case of a pedestrian accident the case will likely turn on the ability of the injured party to prove a breach of the duty of care. This would mean proving that the driver’s actions were such that the driver knew, or should have known, that their actions posed a safety risk for the pedestrian. For example, if the driver was texting while driving and then looked up at the last second to see a pedestrian crossing the road, you could reasonably make the case that the driver was operating their vehicle in an unsafe manner. Looking down at a cell phone and texting while driving, and then injuring a pedestrian, is a breach of the driver’s legal obligation to protect the safety of the pedestrian. On the other hand, if the driver was not texting, but instead the pedestrian was wearing dark clothes on a dark night and then stepped out into the road at the last second there may not be a breach in that case. Liability for pedestrian injuries in Texas will be very fact specific and an experienced car accident attorney should comprehensively review your case.
Contact An Experienced Laredo Car Accident Attorney
Pedestrians are in an extremely vulnerable position and they must be protected. Unfortunately, Texas law can sometimes make things difficult on injured pedestrians, proving negligence on behalf of the driver can be more difficult in this state than it is in other states. That makes it even more important to have the professional services of an experienced Texas pedestrian injury lawyer on your side. If you have been injured as a pedestrian, you deserve full and fair compensation. Contact the Law Offices of Ronald A. Ramos today to set up a free consultation.