Unfortunately, many drivers fail to pay attention to people walking, jogging, or running near roadways, putting these people at severe risk of harm. If you were struck by a car or otherwise hurt while traveling by foot, a dedicated injury attorney could help you seek compensation from any negligent parties whose conduct was a factor in the accident. By working with a Lake Jackson pedestrian accident lawyer, you could improve your chances of a favorable resolution to your case.
Proving Negligence After Being Hit by Car
Negligence is a legal term that applies to parties who do not take adequate steps to protect others from injury. When an individual drives a vehicle, they are obliged to pay close attention to their surroundings and avoid hazards.
A failure to obey traffic laws could be evidence of negligence, but a driver could be negligent while in compliance with the law. A motorist who did not see a pedestrian because their night vision is poor or hit a jogger because their tires skidded, is negligent.
Besides proving that a driver did not exercise reasonable caution, an accident attorney in Lake Jackson also must offer evidence that the driver’s conduct caused the pedestrian to suffer actual losses. They could do this by presenting the pedestrian’s medical records, employment records showing missed time at work, and other documentation and testimony relevant to the claimant’s case.
What Compensation Could an Injured Pedestrian Recover?
Monetary damages compensate injured people for losses someone else’s negligence causes. Damages are available for fixed costs such as medical expenses, including rehabilitation costs, incidental expenses, and increases in premiums due to the accident. You could also recover for lost income and reduced future earning opportunities if the effects of the injury will limit your future employment options.
You could claim compensation for the changes in your quality of life that resulted from the accident. Physical pain and mental suffering usually comprise an element of damages, but depending on the circumstances, you also could receive damages for their inconvenience, embarrassment, disfigurement, disability, and inability to participate in activities they once enjoyed.
When gross negligence led to an injury, Texas Civil Practice and Remedies Code §41.003 allows a claim for exemplary damages. For example, a driver who was impaired when they hit and injured a pedestrian could be ordered to pay exemplary damages. A knowledgeable Jackson Lake attorney could determine whether the facts support demand for exemplary damages in a pedestrian accident.
Statute of Limitations in Lake Jackson
In general, pedestrians have two years to file a lawsuit claiming damages for personal injuries. Some situations might extend the deadline in certain cases, so it is worthwhile to speak to a pedestrian injury attorney in Lake Jackson about a claim even if significant time has passed since the injury. However, if the two-year deadline passes and no exception applies to the case, you lose your right to sue forever.
It is smart to consult a legal professional soon after the accident. Even if you hope to avoid court, having a knowledgeable professional on your team could smooth the negotiation process and lead to a better outcome.
Contact Lake Jackson Pedestrian Accident Attorney for Help
Pedestrian injuries could be severe and long-lasting, and you might not be able to secure adequate compensation on your own. Insurance companies make strenuous efforts to keep payouts to injured people as low as possible. They might use bullying or intimidation to get an injured person to accept an unreasonably low offer.
A Lake Jackson pedestrian accident lawyer is a skillful negotiator who knows what your case is worth. Schedule a consultation today.