In pedestrian accidents, most of the blame is usually placed on any drivers involved. They are not always the ones who are solely responsible for the accident though. There are some situations where determining fault is a bit more difficult. If you were injured in an accident, a San Antonio, Texas pedestrian accident lawyer can help you figure out who needs to be held liable.
Who Can Be Blamed For Pedestrian Accidents?
Pedestrian accidents can be blamed on drivers, but the pedestrian who gets hurt can also share some of the blame. This can happen when a pedestrian engages in dangerous or illegal behavior. They can take some of the blame for the accident if they were:
- Jaywalking
- Ignoring traffic signals
- Distracted by their phone
- Impaired by drugs or alcohol
They may not end up getting all of the blame, especially if the driver was acting recklessly themselves, but a pedestrian can be found partly at fault here.
Who Can Sue After Pedestrian Accidents?
A pedestrian can sue even if they were partly blamed for the accident. They just cannot sue if they are determined to be more than 50% to blame. When they do sue, their settlement can be reduced to match their level of fault. For example, if a pedestrian got hit while jaywalking and they are found to be 20% to blame, they will only get 80% of the compensation awarded. Win $100,000 in court and you would actually only walk away with $80,000.
In some cases, a driver might be able to sue a pedestrian. The pedestrian would have to be mostly to blame for the accident though, and this can be a high bar to clear.
How Long Do I Have to Sue After an Accident?
In Texas, people who have been injured in pedestrian accidents have two years to sue for damages. That can seem like a long time, but the days can pass by quickly as you focus on recovering from your injuries and getting back to your regular routine.
An attorney from our firm would be happy to get the legal process started for you. We can file your case and handle all of the paperwork, and then we’ll get right to building the most effective case on your behalf.
Do I Need an Attorney?
An attorney can do many things to help with pedestrian accident cases, including:
- Gathering evidence
- Talking to witnesses
- Negotiating with insurers
- Calculating fair compensation
- Defending victims from accusations of wrongdoing or fault
You do not have to fight for compensation all by yourself.
Schedule Your Free Consultation
If you are thinking about pursuing damages after an accident, contact Sahadi Legal Group. We have plenty of experience handling pedestrian accidents and we are ready to help you fight for the compensation that you deserve.
