What Happens If a Pedestrian Caused an Accident?
Pedestrian accidents are among the most lethal and devastating forms of collisions, largely due to the fact that the human body is not built to withstand impacts from massive, fast-moving entities like motor vehicles. Pedestrians injured in such an accident may suffer lifelong consequences like Traumatic Brain Injuries (TBIs), paralysis, or lost limbs. In some cases, however, the injured pedestrian may be the primary cause of the accident, or at least share some percentage of fault. Those cases can be difficult and may see a significant reduction in the amount of money they are able to recover, which makes it crucial for injured pedestrians to get seasoned, knowledgable attorneys on their side.
Pintas & Mullins is a trusted Dallas car accident law firm that has helped many pedestrians recover compensation packages that help them and their families get their lives back on track. If you are injured in a pedestrian accident, get in touch with our attorneys today to start discussing your options.
A Pedestrian’s Fault and Compensation
In some states, having any amount of blame can mean that you are unable to recover compensation at all. Luckily, Texas does not use this outdated system. Instead, the state uses a system called proportionate responsibility when determining the eligibility for filing a lawsuit and the compensation available in these cases.
Fault and Eligibility
If you are a pedestrian who may be partially at fault for the accident in which you were injured, the good news is that compensation may be available. As long as you are no more than 50% responsible for the collision, you can still pursue a lawsuit for compensation. However, if the court finds you to be 51% responsible, you lose the ability to collect compensation from the driver.
Fault and the Value of My Claim
Let’s say that you are a pedestrian and are less than 50% at fault for your collision with a motor vehicle. You are able to file a lawsuit and pursue compensation, but the amount of compensation you are awarded will be reduced in proportion to the amount of fault assigned to you. For example, if you are 20% at fault for the accident, your compensation will be reduced by 20% as well. If your total damages are valued at $100,000, that is a reduction of $20,000!
Since the amount of fault attributed to you is so crucial to determining the amount of compensation you receive, it is vital that you get a knowledgeable pedestrian accident lawyer on your case. At Pintas & Mullins, we can help you acquire and preserve evidence of the driver’s fault so that your potential compensation is maximized.
Forms of Evidence That Can Help My Case
Lowering your percentage of fault is a crucial factor in any pedestrian accident. You and your pedestrian collision law firm can accomplish this by collecting many forms of evidence that show the driver’s fault.
Police Crash Report
First, you should call a police officer at the scene of the accident if you are able. They will write a report of the crash that details the information they are able to obtain at the scene. You can request a police crash report online or get your attorney to acquire it.
Pedestrian accidents tend to occur in places that are near malls, shops, stores, or other places of business. This means that there may be footage of the incident on nearby surveillance camera footage. Other pedestrian collisions occur at intersections due to a failure to yield to pedestrians in crosswalks, and those accidents may be caught on traffic cameras. With help from your pedestrian accident attorney, you may be able to pursue this footage and bolster your claim.
If your accident occurred in a high-traffic area, several people may have seen it happen. Their testimony can be crucial in determining the facts of the case and fighting any of your blame that is alleged by the driver. Importantly, memories can fade within days of an event, so it is important to get your attorney the names and contact information of possible eyewitnesses as soon as possible.
Get Help Today for FREE
Pintas & Mullins has represented many pedestrians in significant crash cases. Our attorneys work diligently to get and preserve evidence of the driver’s fault, catalog your economic and non-economic damages, negotiating with opposing attorneys for the driver, and even pursuing litigation if necessary.
We work on a contingency fee basis, which means we do not collect a fee unless we win you the compensation you deserve. To get your FREE consultation with our experienced pedestrian accident lawyers today, simply call us at 214-305-8277 or fill out the form on our contact page. Our attorneys can help you and your family get justice!