The Right of Way in a Pedestrian Abuse CaseWhen you have the right of way, the driver must yield to allow you to move safely. Texas Transportation Code provides situations where drivers should give pedestrians the right of way. The right of way is influenced by traffic control lights and the presence or absence of a crosswalk. Pedestrians are expected to abide by traffic control devices in a similar manner to cars. If a pedestrian is crossing the street at a traffic light-controlled intersection, they must wait until the light turns green to cross. A pedestrian facing a red light or a steady yellow light may not enter the roadway. Also, if a vehicle is lawfully halted to give you the right of way, it is illegal for another driver to approach and pass the halted car. Whether you have the right of way or not, drivers are required to avoid crashing into you. A Houston pedestrian abuse lawyer can help determine if the driver's actions were reckless or intentional to help you bring a case against them.
Negligent Actions That Lead to Pedestrian AccidentsPedestrians do not enjoy the comfort of protection from accidents that drivers do. There are no airbags or seatbelts for pedestrians. Therefore, impact from a car may leave you with severe injuries. When negligence on the driver's part causes these injuries, you may wish to seek justice, and a lawyer can guide you in seeking compensation from the negligent driver. Some of the negligent causes of pedestrian accidents include speeding, driving while intoxicated, and distracted driving. Speeding especially makes it difficult for the car to come to a complete stop fast enough to avoid hitting a pedestrian. What's more, it's difficult for a pedestrian to judge how quickly an on-coming car is approaching. Driving while texting, eating, or speaking on the phone takes the driver's mind and eyes off the road. This is a dangerous behavior that can lead to fatal pedestrian accidents. Additionally, drunk driving reduces the driver's perception and ability to react fast enough to keep from hitting a pedestrian. A lawyer can help you prove the driver's negligent acts caused your accident.
A Houston Pedestrian Abuse Lawyer Can Help You Prove NegligenceIf you file a claim against someone else for personal injury, you have the role of showing that they were negligent. Doing so encompasses various factors. First, you have to show that the driver had a duty of care towards you. The presence of a duty of care may be easy for your pedestrian accident lawyer to prove. This is because all drivers have a legal duty to act reasonably to avoid harming other people on the road. Then you will have to prove the driver failed to exercise their legal duty. Examples of a breach include driving while drunk, going over the speed limit, or texting while behind the wheel. Third, your injuries should be a result of the driver's breach of duty. Your medical records will play a key role in proving that. It is important to see a doctor as quickly after the accident as possible. Lastly, damages must have resulted from your pedestrian accident. Your attorney can gather extensive evidence to help you prove negligence. They can also give strong arguments that illustrate the defendant's responsibility in your accident.
How You Can Help Your Pedestrian Accident CaseThe actions you take immediately after your pedestrian accident can either help or hurt your claim. To help your claim, there are certain steps you can take. If you can, call 911 after your accident. They will arrive at the scene and take witness testimonies. They will also include the details of the crash in a police accident report. The report will be instrumental in validating your claim. You can also acquire the driver's contact and insurance details. This will help in recovering compensation from their insurance company. Additionally, take photos of the pedestrian accident site. Make sure to capture the surrounding environment and your injuries. It will serve as evidence for your claim. Go to the hospital after your accident and have the doctor check your injuries. They will include the details of your injuries in the medical report. Then, you can choose to seek the services of a pedestrian abuse lawyer serving the Houston area. An attorney can tell you what legal options you have and help you seek compensation.
Recovering Damages After Filing a CaseThe damages you can recover will depend on the seriousness of your injuries and how long it will take to heal. Whether or not you make a full recovery will also affect the value of your case. Additionally, you can receive compensation for any of your property that may have been damaged. In your pedestrian abuse case, you can receive compensation for:
- Pain and suffering
- Medical costs
- Emotional anguish
- Lost Wages
- Reduced quality of life