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All drivers in Kingwood and throughout the state must take appropriate actions to prevent harm to others. This legal duty extends not only to other drivers but also to pedestrians. Unfortunately, many drivers still act negligently, leading to pedestrian injuries. If you suffered injuries because of a driver’s poor decisions, you have the right to demand payment for your losses with the help of an attorney.
Like many people, you may not understand your legal rights or what you need to do to collect monetary compensation. Our Kingwood pedestrian accident lawyers can help you pursue claims against the responsible party’s insurance company. With aggressive negotiation, you should be able to get the money you need to pay the bills without ever going to court.
Understanding Fault in Pedestrian Accident Cases
All motorists must take appropriate action to prevent foreseeable harm that might affect pedestrians. This includes following traffic laws regarding stop signs, crosswalks, and the right of way. Failure to follow these laws often leads to car accidents or harm to bystanders.
Injured pedestrians must prove that a defendant driver was responsible for the accident in order to recover damages. Defendants may argue that the pedestrian was partially responsible for the incident or claim the driver did not have an adequate chance to react. According to Texas Civil Practice and Remedies Code §33.003, courts must examine the actions of all parties and assign blame accordingly.
Kingwood’s comparative negligence laws state that a court must evaluate the victim’s actions as well as the driver’s actions to accurately assign blame for the collision. If a plaintiff is partially responsible for their own injuries, the court will reduce the damage award by their degree of fault. Plaintiffs found to be more than 50 percent at fault will be unable to recover any damages. A Kingwood attorney at Haines Law can provide more information about the legal basis for pedestrian accident claims.
Recoverable Damages
An injured pedestrian who is unable to return to work as a result of another driver’s negligence may collect compensation for lost wages. You may also recover costs associated with past and future medical expenses, as well as past and future pain and suffering. Generally, the most efficient way to secure compensation after a pedestrian accident in Kingwood is through settlement talks.
However, engaging in civil discussion with the opposing party can be difficult without the professional help and guidance of an attorney. One of our dedicated team members can assist you with measuring the scope and value of your losses and present adequate demands during settlement negotiations.
A Kingwood Pedestrian Accident Lawyer May be Able to Help
It is impossible to predict how a collision with a motor vehicle will affect you. Some people recover quickly while others suffer injuries that will affect them for the rest of their lives. If you were struck by a car, contact us at Haines Law to discuss your case. Our experienced Kingwood pedestrian accident lawyers will work hard to get you a fair settlement. Call today for a free consultation.