1. Seek Medical Attention: Immediately after an accident, it is essential to seek medical attention, even if injuries seem minor. Some injuries may not be immediately apparent but can have long-term consequences.
2. Report the Accident: Contact law enforcement to report the accident. A police report can serve as a crucial piece of evidence in any subsequent legal proceedings.
3. Gather Evidence: Collect information from the scene, including photographs, witness contact details, and any available surveillance footage. This evidence can be vital in establishing liability.
4. Consult an Attorney: Engaging an experienced personal injury attorney early on can help navigate the complex legal landscape and ensure that your rights are protected.
Establishing Driver Liability in Pedestrian Accidents
In a pedestrian accident lawsuit, establishing liability is a fundamental step. This involves proving that the driver or another party was negligent and that this negligence directly caused the accident and resulting injuries. Key elements include:
1. Duty of Care: It must be shown that the defendant owed a duty of care to the pedestrian. Drivers, for instance, are expected to operate their vehicles safely and adhere to traffic laws.
2. Breach of Duty: It must be demonstrated that the defendant breached this duty. Examples include running a red light, failing to yield to a pedestrian at a crosswalk, or driving while distracted.
3. Causation: There must be a clear link between the breach of duty and the accident. The plaintiff must prove that the defendant’s actions directly caused the injuries sustained.
4. Damages: The plaintiff must provide evidence of the damages suffered, such as medical bills, lost wages, pain and suffering, and other related costs.
How Long Do I Have To Make A Pedestrian Accident Claim?
In Texas, the statute of limitations for personal injury claims, including pedestrian accidents, is generally two years from the date of the accident. This means that a lawsuit must be filed within this period, or the right to seek compensation may be lost. Certain exceptions and special circumstances may extend or shorten this timeframe, so it is important to consult with a pedestrian accident attorney to understand the specific deadlines applicable to your case.
What is The Potential Compensation I Can Receive For My Pedestrian Accident Injuries?
Compensation in a pedestrian accident lawsuit can cover both economic and non-economic damages. Economic damages may include:
– Medical expenses (current and future)
– Rehabilitation and physical therapy costs
– Lost wages and loss of earning capacity
– Property damage
Non-economic damages may encompass:
– Pain and suffering
– Emotional distress
– Loss of enjoyment of life
– Disfigurement and permanent disability
In cases where the defendant’s conduct was particularly reckless or malicious, punitive damages might also be awarded. These are intended to punish the wrongdoer and deter similar behavior in the future.
