What to Do if the Car Accident was Caused by a Pedestrian
People get in car accidents every day. Most of these involve two or more vehicles. Usually, the accident is caused by one or both of the drivers. If this is the case, you’ll file a claim against the other driver’s insurance company. Either the claim will be paid or it’ll be denied. If it’s denied, your car wreck lawyer will negotiate to get your claim approved. If this doesn’t work, he’ll have to file a lawsuit against the other driver.
What do you do if the accident wasn’t caused by another driver? What if it was caused by a pedestrian?
It doesn’t happen often, but it happens. You’re minding your own business when a pedestrian darts out into the middle of the road. This may cause you to swerve and end up hitting another car. Or, maybe it forces you to collide with a telephone pole. You’ll end up suffering damage to your car. You’ll also be injured.
In cases like this, you’re left with the question – who do you file a claim against? Can the pedestrian still pursue you for damages even if they were at fault?
Houston car accident attorneys handle these types of cases all the time. There are special rules when it comes to accidents caused by pedestrians. In most cases, they won’t be able to recover damages from you. However, the question remains – how will you be reimbursed for your injuries?
Your Texas Auto Accident Attorney Will Get You the Compensation You Deserve
With most car accidents, there is an insurance company you can file a claim against in order to get your damages covered. With a pedestrian, you don’t have this option. If you’re hurt because of an accident caused by a pedestrian, your auto accident attorney must recover damages directly from the pedestrian.
You may be entitled to:
- Property damage
- Pain and suffering
- Medical bills
- Lost wages
You’ll have to file a personal injury lawsuit against the pedestrian himself. The hard part isn’t winning your case. You get money from the defendant once you win.
Your Houston Car Wreck Attorney Will Do His Best to Collect Your Judgment
Remember, usually, the pedestrian is not at fault. Usually, it’s the car driver who is at fault. Once you prove that the pedestrian was at fault, the rest of the case will be quite simple. In order to prevail, you’ll have to show that the pedestrian caused the accident. The pedestrian will claim that he wasn’t at fault. His lawyer will work hard to show that the accident was your fault. This way, his client is off the hook and he can try to collect damages from you.
Some common situations where the pedestrian is found to be at fault include:
- Pedestrian was jaywalking or walking outside the crosswalk.
- Pedestrian was crossing against a traffic signal
- They were walking on the road or highway while intoxicated
- The pedestrian was walking on a part of the road that prohibits pedestrian traffic
- They dashed out in front of your car
If any of these circumstances apply to your case, you should have a good shot at winning your case. Your lawyer will do the necessary case law research to prove that the pedestrian caused your car wreck. He’ll also make sure he is able to anticipate any defenses the pedestrian’s lawyer brings up.
Contact a Houston Auto Accident Lawyer Today
If you’ve been hurt in a car wreck caused by a pedestrian, you need to contact a Houston car accident lawyer today. Cases involving a pedestrian can be difficult. Not only do you need to prove they were at fault, but you also need to prove that you were not. The defendant’s lawyer is going to work as hard as yours to represent their client. They will make an argument that you were the one at fault.
Usually, a judge or jury assumes that the car driver is at fault – not the pedestrian. This makes your lawyer’s job even harder. He will have to show that the pedestrian did something out of the ordinary that caused the accident. He will have to rely on eye witness testimony and maybe even dashcam videos to do this.
When you call, you should schedule your free initial consultation. Discuss your case with an experienced car accident attorney. They can answer any questions you may have. They can also give you an idea of how strong your case is. You pay nothing until you win your case!