Can I Sue If I Get Hit By A Car As A Pedestrian In Texas?
The roads can be dangerous places, and unfortunately, accidents involving pedestrians are all too common. If you’ve been hit by a car as a pedestrian in Texas, you might be wondering what your legal options are. Could you potentially sue the driver for damages? At Turley Law Firm, we have extensive experience handling personal injury cases, including those involving pedestrian accidents. We understand the nuances of Texas law and can guide you through the process. Below we discuss some of the legal aspects of a pedestrian accident claim that are important to keep in mind.
Suing the At-Fault Driver
In Texas, you have the right to sue the at-fault driver after a pedestrian accident. In order to succeed in a personal injury lawsuit, you will need to prove that the driver was negligent. This generally involves showing that the driver owed you a duty of care, breached that duty, and that this breach caused your injuries.
Texas uses a system known as “proportionate responsibility” or “comparative negligence.” Under this system, a plaintiff can still recover damages even if they are considered to be partially at fault for the accident, but their recovery will be reduced by their percentage of fault. However, if you’re found to be 50% at fault, you cannot recover damages. This is often a major hurdle to overcome in a pedestrian accident case, as the insurance company will often go to great lengths to try to paint the pedestrian as at least partly to blame for the accident.
Statute of Limitations
Another important point to remember is that there’s a time limit to file a personal injury lawsuit. This is known as the statute of limitations. In Texas, the statute of limitations for personal injury claims, including pedestrian accidents, is two years from the date of the accident. It’s crucial to act within this period, or you risk losing your right to seek compensation. It’s important to contact an accident lawyer as soon as possible to evaluate your claim and protect your rights.
Navigating Your Legal Options
Being hit by a car as a pedestrian can be a traumatic, painful and debilitating experience. Understanding your rights and potential legal options is the first step toward securing the compensation you deserve. The complexities of Texas law can be overwhelming, and that’s where an experienced personal injury law firm can prove indispensable.
At Turley Law Firm, we’re dedicated to helping injury victims navigate the complex legal landscape of Texas personal injury law. We can advise you, guide you and represent you throughout the legal process, ensuring that you understand each step and that your rights are protected.
If you or a loved one has been injured in a pedestrian accident in Dallas or beyond, please contact the Turley Law Firm online or call 214-691-4025 or email turley@wturley.com today to schedule your free consultation. Our zealous Dallas attorneys serve clients throughout Texas and multiple Southern and Southwestern states.
