Drivers are often concerned by the possibility of a car accident, but accidents involving pedestrians are particularly devastating.
In 2023, there were over 1,700 serious accidents involving pedestrians in the state. These accidents can cause serious, chronic injuries, and often occur at crosswalks, in parking lots, or at intersections.
If you or a loved one have been injured in a pedestrian accident, contact Shaw Cowart LLP to learn more about how we may be able to help you get the compensation you deserve. Call us today to schedule your free initial consultation.
Common Causes of Pedestrian Accidents
Although there are many causes of car accidents involving pedestrians, the most common reasons are related to drunk or impaired driving, distracted driving, and other forms of negligence and driver recklessness.
Proving Negligence
To recover for personal injuries in Texas, plaintiffs must prove negligence, or that someone violated a duty of care owed to the plaintiff. This can be established by showing the following elements are met:
Duty
All drivers owe a duty of care to others when operating their motor vehicles. This means they must act – or not act – in a manner that is reasonably likely not to cause an accident. For example, by law, drivers owe a duty of care to pedestrians to yield when a pedestrian is in a crosswalk. Drivers also may not text while driving or engage in other forms of distracted driving.
Breach
Plaintiffs must show the defendant failed to uphold his or her duty. For example, if a driver is texting and hits a pedestrian in a crosswalk due to this distraction, he or she has breached the duty of care owed to the pedestrian. The same is true of any circumstance where a driver allows distraction to take his or her attention off of the road.
Causation
The plaintiff must show the driver’s breach of duty was the cause of his or her injuries. Generally, when pedestrians sustain injuries after a car accident if the plaintiff is able to show the defendant breached his or her duty of care, causation is also present and easily provable.
Damages
Plaintiffs cannot recover for personal injuries unless they were harmed by the defendant’s negligence. Thus, to establish liability, plaintiffs must show how they were harmed. When pedestrians are hit by motorists this generally involves producing evidence of medical expenses.
What Can I Recover?
Each pedestrian accident case is unique and how much someone can recover requires a fact-specific analysis. However, individuals may recover compensation for damages including:
- Medical expenses
- Pain and suffering
- Lost wages
- Property damage
- Ongoing medical care and treatment
- And other miscellaneous costs incurred as a result of the accident
Contacting an Attorney
Dealing with the devastation of a pedestrian accident is difficult. Injured parties often deal with the stress of medical bills, insurance claims, physical and psychological recovery, and lost wages from having to take time off of work.
With the overwhelming stress that comes with injury, don’t add navigating the legal system to your list of problems. The attorneys at Shaw Cowart LLP understand your circumstances. We are ready to represent you to ensure you receive justice after your injury.
If you or a loved one have been hurt as a pedestrian in a car accident, we can help. Contact our office today for a free and confidential case evaluation.