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At Charles J. Argento & Associates, our Houston personal injury lawyer knows that establishing liability in pedestrian accidents in Texas involves thoroughly examining the incident’s circumstances and focusing on determining who was at fault.
The process typically includes gathering evidence, understanding the relevant traffic laws, and utilizing witness testimony to build a strong case. Here, we take a detailed look at the steps involved.
Investigating the Accident Scene
The first step after a pedestrian accident is to secure the scene, ensure the safety of those involved, and contact law enforcement. The police report generated at the scene will be critical evidence containing initial observations, citations issued, and the officer’s opinion on fault.
Other key evidence from the scene includes photos of the accident site, skid marks, vehicle damage, and any traffic signals or signs. Surveillance footage from nearby cameras can also be invaluable in showing the events leading up to the accident.
Understanding Relevant Traffic Laws
Texas law provides specific rights and duties for pedestrians. For instance, pedestrians generally have the right of way in crosswalks and intersections. However, they also have a duty to follow traffic signals and avoid suddenly entering the roadway.
Drivers are required to exercise due care to avoid hitting pedestrians, even in areas where pedestrians may not have the right of way. This includes adhering to speed limits, obeying traffic signals, and being vigilant in areas with high pedestrian traffic.
Utilizing Witness Testimony
Witnesses who saw the accident can provide crucial information about what happened. Their testimony can clarify whether the pedestrian was in a crosswalk, whether the driver was speeding or distracted, or if traffic signals were obeyed.
In some cases, accident reconstruction experts may analyze the scene, vehicle damage, and injuries to determine the sequence of events and help establish liability. Medical experts may also testify about the nature and extent of the pedestrian’s injuries, which can influence the determination of fault.
Analyzing the Driver’s Behavior
Establishing whether the driver was distracted, including texting behind the wheel, or under the influence of alcohol or drugs is critical in determining liability. Police report breathalyzer results, and phone records can provide evidence of distraction or impairment.
If the driver violates traffic laws—such as running a red light, failing to yield, or speeding—this will significantly influence the liability determination. The driver’s history of traffic violations may also be considered.
Medical Records and Injury Documentation
Medical records documenting the pedestrian’s injuries are essential in linking those injuries to the accident. This documentation can help establish the accident’s severity and reinforce the claim that the driver’s actions caused the injuries.
If the pedestrian suffers long-term or permanent injuries, expert testimony may be necessary to establish their ongoing impact and justify the claim for damages.
Filing and Negotiating the Claim
Once liability is established, our skilled pedestrian accident and injury attorneys will file a claim with the at-fault driver’s insurance company. The insurer will conduct its investigation, and negotiations for a settlement will follow.
The case may proceed to litigation if a fair settlement cannot be reached. The gathered evidence, witness testimony, and expert analysis will be presented in court to establish the driver’s liability and seek appropriate compensation for the pedestrian.
Contact Our Skilled Pedestrian Accident and Injury Attorney in Houston, Texas
Establishing liability in pedestrian accidents in Texas involves a comprehensive approach. Given the complexities involved, working with an experienced personal injury attorney can ensure that liability is accurately determined and that the pedestrian receives fair compensation for their injuries. We can help.
If you have been injured or lost a loved one in a pedestrian accident caused by negligence in Texas, contact Charles J. Argento right away. Our pedestrian accident and injury lawyer in Houston will diligently work to build a strong case and maximize your compensation. Take advantage of our free consultation by calling (713)-225-5050 or contacting us online. Let’s work together to hold the negligent party accountable for your full financial recovery.