When a driver fails to pay enough attention to traffic signs or does not look both ways for pedestrians, a severe or deadly collision may occur. These accidents are often the direct result of a driver’s failure to comply with their legal duty to drive with reasonable care. A Clear Lake City pedestrian accident lawyer could help if you or a loved one was hit by a negligent driver. Our personal injury attorneys could protect your legal rights and work diligently to help you obtain fair financial recovery for your damages.
Establishing Negligence in a Pedestrian Accident Case
To recover damages from the driver, an injured pedestrian must first establish that the defendant’s actions constituted negligence. Negligence is shown by proving that:
- The driver owed the pedestrian a duty of care
- The defendant breached their duty of care.
- Because of the defendant’s breach, the pedestrian suffered injuries
- The claimant’s injuries caused them to sustain compensable harm
The law requires all drivers to use reasonable care whenever they get behind the wheel to avoid causing injury to others. Therefore, if a driver does not uphold this duty and hits a pedestrian, they may be liable for this person’s injuries and damages. Establishing liability in a pedestrian accident can be highly nuanced and complex, which is why hiring an experienced Clear Lake City attorney is advisable.
Common Injuries in Pedestrian Accident Cases
While drivers have some protection between them and the road in the event of a collision, pedestrians have zero barriers to shield them from injury. As a result, collisions between people and motor vehicles often result in severe or deadly injuries. Injuries such as broken bones, spinal damage, brain trauma, concussions, neck injuries, and internal bleeding are common.
When someone suffers any of these types of injuries in a crash, there is a high chance of temporary or permanent disability. These injuries can rob someone of their ability to work and impact their long-term financial future. A Clear Lake wreck attorney could help an injured pedestrian file a lawsuit to recover damages, such as medical bills, pain and suffering, and lost wages.
Civil Lawsuit Deadline in Clear Lake City
Texas Civil Practice & Remedies Code §16.003 states that the deadline to file a pedestrian accident case is two years from the date the incident occurs. If the injured pedestrian does not initiate lawsuit proceedings within the two years following their accident, they would no longer be eligible to pursue damages in most cases.
One possible exception to this rule is when the injured pedestrian is a child under the age of 18. According to state law, when someone has not yet reached the legal age of majority and suffers a personal injury, the statute of limitations does not begin until they turn 18. A minor injured in a pedestrian collision would have until their 20th birth to file a lawsuit seeking compensation.
Speak with a Clear Lake City Pedestrian Accident Attorney
If you have questions about filing a claim or want to understand your legal rights better, a Clear Lake City pedestrian accident lawyer could help. Our seasoned legal professionals could help you hold the at-fault driver accountable by seeking compensation for your losses. Schedule your case review with one of our attorneys today.