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Driver Liability in an Austin Pedestrian Accident Lawsuit
A pedestrian accident can have a catastrophic impact on a person’s physical and mental health. Beyond the physical impact of a 2-ton vehicle hitting your body, you may struggle with mental side effects and long-term suffering.
Liability is a legal term that refers to fault. In court, you must establish who is to blame for the incident. The driver may attempt to lay negligence claims at your door, stating you stepped into traffic or did not take care to prevent the accident.
An experienced pedestrian accident lawyer in Austin, TX, can review your case and help protect your rights.
How to Pursue Compensation for a Pedestrian Accident in Austin
Recovering from a pedestrian accident can be a long and arduous process. Victims in Austin have the right to pursue damages to cover the cost of injuries, property damage, emotional distress and other losses. If your loved one was killed in a pedestrian accident, you can also pursue a wrongful death claim for the emotional and financial impact of their death.
Thomas J. Henry Law will work with you to hold the driver liable for their actions. We will gather police reports, witness statements and other evidence so that you have the proof you need to receive damages.
If you want to pursue compensation for a pedestrian accident in the Austin area, here are some of the main factors our lawyers will walk you through.
Driver Negligence
Determining driver negligence can be complex. Texas law uses a term called “proportionate responsibility” to decide damages. You may be entitled to compensation if the other party’s fault was greater than 50%.
Common examples of driver negligence include:
- Texting while driving
- Failure to yield
- Illegal turns
- Speeding
- Drunk driving
- Backing up without checking
- Failure to obey traffic signals
Damages
There are three main types of damages you may be entitled to in a personal injury claim caused by a pedestrian accident:
- Economic damages: Financial loss such as medical expenses, damaged property or lost income
- Non-economic damages: Emotional or mental pain experienced due to an injury or impairment
- Exemplary or punitive damages: Damages awarded to punish the at-fault party for gross negligence
Statute of Limitations
You have two years from the date of your pedestrian accident to file a civil lawsuit. This is the statute of limitations in the state of Texas.
Why Choose Thomas J. Henry Law
Thomas J. Henry Law is among the top personal injury law firms in Texas and the nation. When you choose our legal team, we fight for your rights. We have a history of successful litigation with the largest companies in the world and will bring this same passion and experience to your pedestrian accident lawsuit.
We have over 200 experienced lawyers ready to back you up and protect your rights. Each client works with a dedicated Austin pedestrian accident attorney who handles every aspect of their case. We are available 24/7 to answer your questions, even on weekends. As we are a contingency fee-based law firm, you do not pay anything unless we win.
Call an Experienced Austin Pedestrian Accident Lawyer Today
If you’re struggling to recover from a pedestrian accident, contact Thomas J. Henry Law. We will review your case for free and take immediate action. Call our Austin office today at 512-520-0221.