Pedestrian accidents can cause serious accidents. Pedestrians are susceptible to serious injuries like traumatic brain injuries bone fractures, and spinal cord injuries when hit by vehicles on the road. Determining liability for pedestrian accidents can be hard. While motorists are usually to blame for this kind of accident, pedestrians may also be partially responsible for them. Determine liability may require a thorough assessment of the case by an experienced pedestrian accident attorney Houston.
Determining Liability in Houston Car Accidents
Car accident liability in the state of Texas is governed by law. Because Texas is a tort-based state, the at-fault party is held liable for a crash. Common torts in the state include speeding, broken roadway rules, driving under the influence of alcohol and drugs, as well as distracted driving. The at-fault party’s insurance company usually pays for the injuries and damages of the victims.
Parties Commonly Liable for Pedestrian Accidents
In pedestrian accidents, the following are usually the at-fault or liable parties:
- The driver. Usually, drivers are responsible for accidents that involve pedestrians, particularly in busy areas. These accidents happen due to driver errors like texting while driving and not yielding a pedestrian right-of-way. Drivers in the state should carry minimum liability insurance coverage to pay for accidents they may cause.
- The employer of the driver. If the driver was operating a company vehicle, their employer should be held liable for the accident they can cause.
- The pedestrian. A pedestrian who breaks the law, ignores crosswalk signs, walks while distracted, or jaywalks must be held liable for a crash, depending on the circumstances. They may have partial or full liability for the accident.
- The government. Pedestrian accidents can occur due to road defects like poorly designed intersections. In this scenario, the government can be held responsible for an accident.
Because Texas uses a modified comparative law, victims found to be partially at fault for their own injury may claim reduced damages. This fault should be less than 50%; otherwise, recovery won’t be available.
Proving Fault
Pedestrians who wish to file a pedestrian accident claim must prove the fault of the other party involved. This burden of proof can be fulfilled by getting convincing evidence that the other party caused the pedestrian accident. Evidence that can be used for supporting the claim includes a police report, eyewitness testimony, accident photos and videos, medical records, as well as accident reconstruction. A reliable pedestrian accident lawyer can help victims gather evidence to establish a strong case against the liable party.
