Law Office of Michael R. De La Paz

Duty of care and the rights pedestrian accident victims

Texas readers know pedestrians are largely unprotected against the impact of a larger and heavier vehicle. Accidents involving moving cars or trucks and a person walking almost always result in serious or fatal injuries. Sadly, many pedestrian accidents are preventable. 

Drivers have the responsibility of driving as safely and carefully as possible when around pedestrians. If you were hurt while walking or running, your accident may not be your fault, but rather, it may be the driver's failure to exercise his or her duty of care. In fact, you may have grounds to move forward with a civil claim against the driver in order to obtain recompense for your financial losses, as well as pain and suffering.

Who is to blame for your accident?

If you suffered injuries in a pedestrian accident, you may feel overwhelmed or unsure of who is to blame. In many civil claims from pedestrian accidents, cause is determined by the principle of duty of care. For example, if a driver was operating a vehicle in a reckless manner near a pedestrian lawfully walking at a crosswalk, causing an accident, he or she violated the accepted duty of care. 

A careful examination of your case can help determine what happened and if the driver of the vehicle is liable for what happened to you. Examples of common failures of a driver's normal duty of care include the following:

  • Failure to properly yield
  • Failure to use blinkers
  • Speeding or reckless driving
  • Distracted driving
  • Driving under the influence of drugs or alcohol

If you believe you may have a valid claim after a pedestrian accident, an evaluation of your case can help you understand the legal options available to you. Quick action is important, as it will ensure the preservation of evidence that may be important for your claim.

Fighting for the recovery you deserve

You do not have to walk through the aftermath of a pedestrian accident alone. You may be unsure of what factors played a role in your accident or what you should do next, but you always have the right to understand your legal options.

If a driver violated his or her duty of care, resulting in injuries, medical expenses and other consequences for you, you may have grounds to move forward with a claim. As a victim of the negligence of another person, you may be able to claim compensation for your financial losses, emotional duress and other damages.

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