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\u2019ll file a claim against the other driver\u2019s insurance company. Either the claim will be paid or it\u2019ll be denied. If it\u2019s denied, your car wreck lawyer will negotiate to get your claim approved. If this doesn\u2019t work, he\u2019ll have to file a lawsuit against the other driver. But what happens when the car wreck was caused by a pedestrian?<\/p>\n
It doesn\u2019t happen often, but it happens. You\u2019re 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\u2019ll end up suffering damage to your car. You\u2019ll also be injured.<\/p>\n
In cases like this, you\u2019re left with the question \u2013 who do you file a claim against? Can the pedestrian still pursue you for damages even if they were at fault?<\/p>\n
Houston personal injury attorneys<\/a> 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\u2019t be able to recover damages from you. However, the question remains \u2013 how will you be reimbursed for your injuries?<\/p>\n 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\u2019t have this option. If you\u2019re hurt because of an accident caused by a pedestrian, your auto accident attorney must recover damages directly from the pedestrian.<\/p>\n You\u2019ll have to file a personal injury lawsuit against the pedestrian himself. The hard part isn\u2019t winning your case. You get money from the defendant once you win.<\/p>\n Remember, usually, the pedestrian is not at fault. Usually, it\u2019s 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\u2019ll have to show that the pedestrian caused the accident. The pedestrian will claim that he wasn\u2019t 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.<\/p>\n 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\u2019ll also make sure he is able to anticipate any defenses the pedestrian\u2019s lawyer brings up.<\/p>\n If you\u2019ve been hurt in a car wreck caused by a pedestrian, you need to contact a Houston car accident lawyer<\/a> 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\u2019s 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.<\/p>\n Usually, a judge or jury assumes that the car driver is at fault \u2013 not the pedestrian. This makes your lawyer\u2019s 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.<\/p>\nYour Texas Auto Accident Attorney Will Get You the Compensation You Deserve<\/h2>\n
You may be entitled to:<\/h4>\n
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Your Houston Car Wreck Attorney Will Do His Best to Collect Your Judgment<\/h2>\n
Some common situations<\/a> where the pedestrian is found to be at fault include:<\/h4>\n
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Contact a Houston Auto Accident Lawyer Today<\/h2>\n