Pedestrian accidents in Texas often result in severe injuries or fatalities, making it imperative to determine driver negligence to secure rightful compensation. Understanding the implications of driver negligence in Texas pedestrian accident cases and knowing the law and the necessary steps to prove negligence is crucial for affected individuals.
Understanding Negligence in Texas Pedestrian Accidents
Negligence is the failure to exercise reasonable care, leading to harm to another person. In the context of pedestrian accidents, establishing driver negligence involves proving four essential elements:
- Duty of Care: All drivers must operate their vehicles safely and follow Texas traffic laws to protect others, including pedestrians.
- Breach of Duty: This is when a driver violates their duty by speeding, distracted driving, or failing to yield to pedestrians at crosswalks.
- Causation: The incident must relate to the injuries sustained by the pedestrian.
- Damages: The pedestrian must have suffered physical injuries and medical expenses because of the accident.
Common Types of Driver Negligence in Pedestrian Accidents
Several negligent behaviors by drivers frequently lead to pedestrian accidents in Texas:
- Distracted Driving: Engaging in activities like texting, talking on the phone, or adjusting in-car controls diverts attention from the road, increasing the risk of accidents.
- Speeding: Exceeding speed limits reduces a driver’s ability to react promptly to unforeseen events, making it harder to avoid collisions with pedestrians.
- Failure to Yield: In most instances, drivers must legally yield the right of way to pedestrians at designated crosswalks and intersections. Pedestrian accident claims are measured under duties imposed by Texas law, which is unique,
- Running Traffic Signals: Disobeying traffic lights and stop signs can result in collisions with pedestrians legally crossing the road.
- Impaired Driving: Driving under the influence of alcohol impairs the driver, significantly increasing the likelihood of pedestrian accidents.
Proving Driver Negligence in Pedestrian Accident Cases
Comprehensive evidence is essential to show driver negligence. Key forms of proof include:
- Police Reports: Official reports from law enforcement provide detailed accounts of the accident scene, observations, and any citations issued to the driver, serving as critical evidence.
- Eyewitness Accounts: Testimony from people who witnessed the accident can corroborate the sequence of events and how the accident happened.
- Surveillance Footage: Videos from traffic cameras, ring door cameras, nearby businesses, or dashcams can offer visual evidence of the driver’s behavior and the circumstances of the accident.
- Accident Reconstruction: Experts can analyze physical evidence to recreate the accident scenario, providing insights into factors like vehicle speed and point of impact.
- Medical Records: Documentation of the pedestrian’s injuries and treatment plans establishes the extent of harm suffered, supporting claims for damages.
- Cell Phone Records: If cell phone use is part of the accident, obtaining the driver’s cell phone records can indicate whether they were using their phone at the time of the accident.
- Toxicology Reports: Test results can confirm if the driver was under the influence of alcohol or drugs during the incident, reinforcing claims of impaired driving.
Comparative Negligence in Texas- the 51% Bar Rule
Texas follows a modified comparative negligence rule, meaning that if a pedestrian is found to have contributed to the cause of the accident, their compensation may be reduced proportionally. However, if pedestrians’ fault exceeds 50%, they may be barred from recovering any damages.
In pedestrian accident cases, if the pedestrian was crossing a highway at a point other than an intersection, the comparative fault rules in Texas will be part of the case.
The Importance of Legal Representation
Winning an injury lawsuit and proving driver negligence requires legal expertise. An experienced personal injury attorney can:
- Investigate the Accident: Gather and analyze all pertinent evidence to build a strong case.
- Negotiate with Insurance Companies: Advocate on behalf of the pedestrian to secure fair compensation.
- Represent in Court: If necessary, present the case effectively to achieve a favorable outcome.
Contact the Injury Lawyers at Baumgartner Law Firm for Help
Proving driver negligence in Texas pedestrian accident cases requires a comprehensive investigation. Engaging skilled legal representation ensures that injured pedestrians’ rights are protected and that they have someone fighting to win their case.
Contact the Houston personal injury law firm of Baumgartner Law Firm at (281) 587-1111.
Baumgartner Law Firm
6711 Cypress Creek Pkwy
Houston, TX, 77069
