Recently, a man was struck by an 18-wheeler as he tried to run across Loop 410. While the pedestrian’s injuries did not appear to be life-threatening, he was taken to Brooke Army Medical Center as a precaution, The truck driver did stop at the scene of the accident, though as of this writing no charges are expected. While the pedestrian involved in this accident thankfully escaped serious injury, this kind of accident is not uncommon, and very often, pedestrians involved in accidents like this will be stuck with significant medical bills. If you have been injured in a pedestrian accident, contacting an experienced attorney can help you in seeking compensation.
Statistics and Causes
The Texas Department of Transportation (TxDOT) reports that approximately 5,700 crashes that involved pedestrians happened on Texas roads in 2018, which was roughly a two percent decrease from 2017. Fatalities in those accidents rose just barely – not even one percent – and suspected serious injuries were almost identical. While it cannot be assumed that all of these were pedestrians, it is reasonable to assume that a majority are – after all, drivers and passengers of automobiles have infinitely more protection between them and the road.
There are many different causes of pedestrian accidents, though many are sadly preventable. Certainly, some pedestrians may act recklessly – it is generally not recommended, for example, to try and jaywalk across Loop 410 – but at the same time, drivers are just as capable of acting recklessly. For example, many pedestrian accidents occur because drivers do not slow to a complete stop at crosswalks, or they may not sufficiently check their surroundings when turning, especially with left turns. Liability differs with each case.
If You Are Injured
If you have been injured, and you believe that it is due to another person’s negligence, you have options. In Texas, a negligence case requires four different criteria be shown in court in order to succeed in holding the driver liable. You must show that the defendant (1) had a duty to exercise reasonable care toward you, the plaintiff, and then you must establish that (2) the defendant breached that duty of care (3) with their actions (or lack thereof) and (4) caused you actual harm. No other intervening cause can exist.
Some people are reluctant to bring this type of suit because they worry that they may be held to have been responsible for their own injuries. However, Texas law allows a plaintiff to recover for their injuries as long as the court determines their percentage of fault is less than 50 percent. In other words, if a court declares that you are less than half at fault for your own injuries, you are still able to recover compensation – it will just be lowered by your percentage of fault. If you are held 20 percent at fault, for example, then you would still (in theory) be able to recover 80 percent of your expenses.
Call a New Braunfels Pedestrian Accident Attorney
While the man on Loop 410 appears to have suffered no long-term ill effects, you may not be so lucky if you are involved in this type of crash. The skilled New Braunfels pedestrian accident lawyers at the Bettersworth Law Firm are experienced in these types of cases and are happy to work with you to try and get you the compensation you seek. Contact our offices at 888-392-0039 today to schedule a free consultation.