While we usually think of car accidents as accidents involving one or more vehicles, many car wrecks involve bicyclists and pedestrians. Cars are expected to share the road with pedestrians just as pedestrians are expected to share the road with vehicles. Unfortunately, inattention, impaired driving, speeding, and other forms of negligence lead to a shocking number of pedestrian accidents in Texas every year. Pedestrian deaths in Texas have been steadily increasing with one in five fatal auto accidents involving a pedestrian. In 2019, just under 6,000 pedestrians were involved in vehicle collisions and 669 of these pedestrians lost their lives.
Just recently, a man attempting to cross the Northeast Side Highway in San Antonio was fatally struck by an SUV. In pedestrian-vehicle accidents, is the driver of the vehicle always at fault? What can the surviving family of a deceased pedestrian do to pursue justice for a fatal accident?
Understanding Liability in a Pedestrian Accident
Obviously, a person is no match for a car, truck, or other motor vehicles. Consequently, pedestrian accidents frequently involve severe or fatal injuries to the pedestrian. Shattered bones, brain damage, and injuries that cause long-term disability are not uncommon in pedestrian-vehicle collisions.
An injured pedestrian or the family of a deceased pedestrian may be able to pursue justice for the accident and financial compensation for damages through a civil legal action. A personal injury claim may allow for the recovery of medical bills, lost income, and non-financial damages for pain and suffering. A wrongful death claim may provide family members with compensation for lost financial support, funeral and burial costs, medical expenses, and more. However, sometimes, the pedestrian themselves may be considered to be partially or fully at fault for the accident.
Insurance companies and other defendants in an injury or wrongful death lawsuit may try to deny culpability for damages by exaggerating the extent of a pedestrian’s error. In some cases, fault for a collision is relatively straightforward. A pedestrian that runs in front of traffic or walks in an area off-limits to pedestrians will likely be considered at least somewhat at fault for the collision. However, in many pedestrian crash cases, the circumstances of the collision are not fully known.
Personal injury lawyers may use testimony from accident reconstruction experts, witness statements, traffic camera footage, and other types of evidence to demonstrate the driver’s fault for a pedestrian accident and pursue damages.
Contact a New Braunfels, Texas Pedestrian Accident Lawyer
If you or a loved one were involved in a pedestrian accident, contact a New Braunfels injury attorney at the The Bettersworth Law Firm for help. We can investigate the circumstances of the accident and seek compensation for your damages. Call 830-606-0404 for a free, confidential consultation.