According to a report by the National Highway Traffic Safety Association (NHTSA), nearly 5,000 pedestrians lost their lives in vehicle accidents in 2015. There are wide-ranging non-vehicular accidents that cause pedestrian injuries and deaths as well. These include parking lot and sidewalk defects, poor maintenance, and debris on walkways.
If you or a loved one has been involved in a pedestrian accident of any kind, you may be able file a personal injury claim. But, there are aspects about the process that you should know first. Here are the five most important things to remember when filing a pedestrian accident lawsuit.
You have two years to file a pedestrian accident lawsuit
The longer ago an accident occurred, the more likely people are to forget key information or lose evidence. It would be unreasonable for a court to hear a lawsuit over an accident that occurred ten years ago, even if it was serious. Because of this, statutes of limitations were implemented to protect defendants. In the state of Texas, anyone involved in a pedestrian accident should file a lawsuit within two years from the date of the event.
There’s a possibility of many liable parties
For you to get compensation, you must establish that someone else was responsible for the accident. Establishing liability will mean that you prove negligence or that intentional actions led to the accident. You may find that more than on party was responsible.
For example, you may see a lawsuit can be filed against a negligent truck driver if the pedestrian accident was the result of speeding. You may also file a lawsuit against the trucking company if the brakes on the truck that hit you weren’t maintained.
If the accident happened because of a malfunction on a faulty part, you can file a lawsuit against the manufacturer. A pedestrian may also be partially responsible. For example, if he/she disobeyed the traffic lights or failed to make a walk signal when crossing the road, they could be at fault.
Only certain parties can file a wrongful death claim
If your loved one has passed away after a pedestrian accident, you should know that not just any family member can file a wrongful death claim. Under the law, only select parties qualify as “survivors.” The only people who can file a claim for wrongful death are the legal spouse or registered domestic partner, the children or stepchildren, or the personal representative of the deceased.
The only circumstance under which the deceased siblings or parents may file a claim is if they didn’t have any of the above parties. If the deceased is a minor, the parents are allowed to file a wrongful death claim.
Different factors will affect the compensation amount
It’s almost impossible to come up with an average settlement amount. This is because every case is different. There are many different variables at play that can affect the size of the settlement you can get from a pedestrian accident lawsuit.
Common factors that affect the amount include the severity of the injuries, the nature of medical treatment, and the effects of the injuries on daily life. The amount of time the plaintiff missed work and the opportunities they missed because of their injuries can also be included.
Other factors that impact the settlement include obvious fault, the chances for a full recovery, and the impact of injuries on future work. The experience and skill of the plaintiff’s attorney play a part in the amount as well.
The help of a professional attorney is invaluable
It can be hard to keep track of legal deadlines while healing or grieving the loss of a loved one. Whether filing a lawsuit in court or dealing with an insurance company, a personal injury attorney can increase your chances of getting the compensation you deserve.
When you look for an attorney, be sure to find one that has years if experience handling accident claims. You should also find one that has a record of defending their clients in court and understands pedestrian accidents.
Pedestrian injury attorney in Amarillo and Lubbock, Texas
If you’re in Texas and are considering filing a Pedestrian Accident lawsuit, call Attorney Dean Boyd and his caring team today. You can reach us at (806) 242-3333 or Contact Us by email if you have any questions about our Services. You can also visit our offices at 4423 SW 45th Ave in Amarillo, Texas or 5012 50th St #103 in Lubbock, Texas for help with your claim.