Determining Liability in Texas Pedestrian Accidents

The last thing on your mind as you stroll through town on a nice day is being involved in an accident with a motor vehicle. Whether you are walking to meet your step count for the day or you are out running errands, you should not have to run the risk of being injured by a reckless driver. The difference in weight between a person and a motor vehicle is gargantuan, and their collision can result in catastrophic injuries for the walking party. 

If you have been hit by a negligent driver while walking, you are owed damages for your injuries. A dedicated pedestrian accident attorney can help you establish liability and prove the reckless party’s actions have directly resulted in your damages. This is done through the four components of negligence, which your attorney can demonstrate to the insurance company using evidence. An Austin pedestrian accident lawyer gives you the best possible shot at the compensation you need to move forward after your accident.

How Is Liability Established After a Pedestrian Accident?

When your daily walk has been disrupted by a distracted driver or other reckless party, the first course of action to take is partnering with a knowledgeable personal injury attorney. While you give yourself the time to focus on recovering, they can immediately begin an investigation into your accident. This includes finding a liable party using the four components of negligence, which include: 

  • You were owed a standard of care
  • This care was breached by a reckless action
  • This breach has an accident
  • The accident has directly resulted in your injury

One of the number one reasons for pedestrian accidents is distracted driving. This can result in failing to yield on time for those on the crosswalk and even swerving their car into the bike lane or on the sidewalk. Even if you are found to be partially liable for your accident, Texas’s modified comparative negligence law allows you to recover damages as long as you are not over 50% responsible for the accident. 

How a Pedestrian Accident Attorney Can Help Your Case

To establish liability, your pedestrian accident lawyer will need to gather and assess any potentially relevant evidence. For a pedestrian accident, this may include eyewitness testimony, police reports, detailed medical records, and traffic camera footage. Using this information, your attorney can demonstrate to the at-fault party’s insurance their role in your injuries. With adherence to the two-year statute of limitations deadline, a personal injury claim will be filed for compensation. 

Your Austin pedestrian accident attorney is there to utilize their knowledge and experience to help you recover a settlement worthy of your losses. They will negotiate with the insurance company on your behalf, and if an adequate compensatory amount cannot be reached, they can even prepare to take your case to court. 

Injured in an Accident? Consult a Distinguished Attorney Today

Established in 1959, Byrd Davis Alden & Henrichson, LLP is the oldest and one of the most trusted personal injury firms in Austin, Texas. With accolades from Best Lawyers and Super Lawyers, our team has a documented history of getting our clients the results they deserve after another person has disrupted their normal way of life with an accident. Our people-first approach ensures you have access to a qualified and compassionate pedestrian attorney throughout every step of the process, from the initial case evaluation to the final settlement offer. 

We understand how impactful financial compensation can be after a pedestrian accident, and that’s why we fight so diligently for you. To schedule a free consultation today, please call our office at (512) 454-3751 or use our contact form