Fort Worth Pedestrian Accident Lawyer
According to a recent Governors Highway Safety Association report, the rate of pedestrian accident fatalities in Texas ranked the state 13th in the nation. Texas is also one of only five states that reported more than 100 pedestrian deaths in the first half of 2017. These numbers indicate that pedestrian accidents are much more common than some people may realize.
Our dedicated team of Fort Worth pedestrian accident lawyers have experience helping injured clients recoup the compensation that they are due for the damages they have suffered.
Pedestrian Laws in Fort Worth
In order to protect pedestrians from devastating accidents, Texas has laws in its Transportation Code that dictate when and where pedestrians are supposed to walk in relation to highways and roads. Pedestrians must:
- Obey traffic control signals, such as crosswalk lights.
- Refrain from “jaywalking,” or walking across roads outside of the designated crosswalk areas.
- Walk on sidewalks instead of the road, if a sidewalk is present.
- Walk on the left side of the road, facing oncoming traffic, if no sidewalk is present.
Unfortunately, pedestrians sometimes are struck by vehicles despite these regulations. One of the key facets of a Fort Worth pedestrian accident case is determining fault in the accident. If a pedestrian is shown to have disobeyed one or more of these laws, the court may determine that they are partially or fully responsible for the accident. This can affect the injured pedestrian’s ability to receive compensation for their injuries.
A skilled Fort Worth pedestrian accident attorney may be able to help injured pedestrians by gathering evidence that shows that they followed these rules and should not be attributed fault in the accident. Such evidence can come in the form of:
- Eyewitness testimony
- Traffic camera footage
- Surveillance footage from nearby businesses
- Testimony from accident reconstructionists
How Fault Affects Compensation
In pedestrian accidents, as with most personal injury cases in Texas, the court uses a system known as the modified comparative negligence standard to adjust compensation according to fault. The two main ways that fault affects your compensation are:
- An injured person cannot recover compensation if they are more than 50% at fault for the accident.
- The amount of compensation the injured person can receive is reduced by the percentage of fault that is attributed to them.
In other words, if the injured party is found to be 20% at fault for the accident in which they were injured, their overall compensation will be reduced by 20%. For example, a person who has a total of $100,000 in damages due to the accident will receive $80,000 in compensation. This is true for accidents that involve private citizens, but some accidents may involve government entities, in which case there are some further stipulations.
Compensation in Pedestrian Accident Cases Involving Government Entities
Though they are much more rare, some pedestrian accidents involve representatives of the government. For example, a pedestrian who is struck by a municipal dump truck may elect to sue the government for damages, as the government is responsible for that dump truck. When dealing with government-related cases, the Texas Tort Claims Act has the following stipulations regarding compensation:
- Compensation is capped at $250,000 per injured person.
- Compensation is capped at $500,000 per accident.
- Compensation is capped at $100,000 for damaged property.
The injured pedestrian, or a Fort Worth pedestrian accident attorney working on their behalf, must notify the government of the impending lawsuit within six months of the initial accident. In order to be successful in suing the government for compensation, the government employee who was driving the vehicle:
- …must have been working in their capacity as a government employee, and
- …would have been found liable for the accident if they were acting as a private citizen.
Since pedestrian accidents can become complex when a government entity is involved, it is recommended that injured pedestrians contact our knowledgeable Fort Worth pedestrian accident lawyers to help ensure that their rights are protected and their interests are preserved.
Call Our Fort Worth Pedestrian Accident Lawyers Today!
Our Fort Worth pedestrian accident attorneys are ready to answer your call. We offer a no-result, no-pay system, so clients do not have to pay us fees unless they receive compensation in their case. For a FREE initial consultation, call us today at (214) 305-8277 or enter your information in the form on our contact page.
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