Schertz Pedestrian Accident Lawyer

Whenever someone gets behind the wheel of a motor vehicle, they assume a duty to protect the well-being of all other people they may encounter. While this duty does extend to other motorists on the road, drivers must also take precautions to avoid harming pedestrians. Many of Schertz’s traffic laws exist for this very reason. In fact, a driver who violates these laws and is involved in a collision with a pedestrian could be held liable for the incident. Unfortunately, even if someone else is responsible for the harm caused, it falls to the injured pedestrian to prove that a defendant’s negligence resulted in their losses.

Knowing what steps to take after a pedestrian accident can be difficult. Thankfully, a Schertz pedestrian accident lawyer could guide you from start to finish of your case and help you pursue the financial compensation you deserve. Additionally, an attorney could work to explain the laws that govern the interactions between drivers and pedestrians and help demonstrate how the incident has impacted your life. To learn more about how we can help, contact Ryan Orsatti Law today.

Common Interactions Between Pedestrians and Vehicles

Every interaction between people on foot and motor vehicles falls under the eyes of the law. Drivers must take any appropriate steps to prevent harm from affecting pedestrians. This generally means remaining attentive to one’s surroundings and following the applicable traffic laws.

Specifically, laws such as those controlling proper crosswalk usage are particularly important. According to Texas Transportation Code § 552.003, all drivers must stop for pedestrians who are already on the road and within a crosswalk. At the same time, people may not suddenly leave a curb or other place of safety in a way that makes it difficult for a driver to yield.

Further, TX Trans. Code § 552.002 says that pedestrians must follow the traffic control signals that govern proper driving when they approach an intersection. As a result, the law never presumes that a crash is a driver’s fault. A Schertz attorney could help to evaluate the laws as they apply to a specific pedestrian accident case.

Possible Limitations on Pedestrian Accident Claims

Proving defendant fault is only one element of a pedestrian accident case. It is also a plaintiff’s responsibility to show how the defendant’s negligence affected their life. This could include physical injuries such as broken bones, traumatic brain injuries, or spinal cord damage that are all too common in pedestrian collisions. However, a comprehensive claim could also demand payments for emotional traumas and economic losses.

Defendants may be unlikely to accept liability in the amount that a plaintiff claims. Instead, Texas Civil Practice & Remedy Code §33.003 allows them to shift the blame onto the walker in an attempt to limit their responsibility. This could result in a significantly lessened compensation package after settlement talks or trial. In this situation, a Schertz pedestrian accident attorney could help to fight back against this common defense.

Another potential problem with a pedestrian accident case is the state’s short statute of limitations. This statute outlines the timeframe in which a plaintiff is eligible to pursue their claim in court. Under Texas Civ. Prac. & Rem. Code §16.003, this time limit is typically two years following the date of the accident. This short timeframe makes it essential to contact a Schertz attorney as soon as possible following a pedestrian accident.

Let a Schertz Pedestrian Accident Attorney Pursue Your Claim

Pedestrian accidents involving motor vehicles are often devastating. Incidents of this nature may leave a pedestrian with severe, life-altering injuries or permanent disabilities. If the accident that caused your harm was not your fault, it is important to know that you have legal options.

A pedestrian accident lawyer could help you pursue legal action for your avoidable harm. Additionally, they could help you gather evidence, understand the law, and measure your losses to pursue a more effective claim. Contact Ryan Orsatti Law today to discuss your unique case with an aggressive attorney.

Ryan Orsatti Law

Ryan Orsatti Law
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