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Calhoun, Meredith, Sims Logo
March 5, 2021

Being involved in a car crash is an agonizing experience, especially for pedestrian who receive the brunt of the force when it comes to a collision. Can you sue if you get hit by a car? The pain and suffering associated with such a collision is just one half of the story, pedestrians also have to face mounting financial pressures and deal with immense emotional pain.

Thus being on the receiving end of a car collision is not something that you’re not likely to forget anytime soon. But when tragedy strikes, we have no way to go but ahead, being a pedestrian accident victim is not easy, but you must gather your courage and proceed with seeking a fair financial settlement for your losses from the insurance company to bring your life back to normalcy.

Experienced pedestrian accident lawyers will be more than eager to assist you in your endeavors and ensure that you get the maximum returns for your economic and non-economic losses.

Pedestrian Automobile Accidents In Texas

The odds of pedestrians being involved in an automobile accident on the streets of Texas are surprisingly high. Either unintentionally or due to negligence on the part of the driver, a bystander may be dragged into havoc. Things can happen the other way around as well with pedestrians being partially or completely at-fault for certain accidents.

In either case, if an individual fails to uphold their end of the legal responsibilities, they will be considered at fault. The victim can sue the other party, and usually it is the pedestrian suing the car driver, for all the economic and non-economic losses incurred upon them due to the accident.

Of course, there is a statute of limitations to keep in mind, but if you manage things timely and procure the services of expert personal injury lawyers, you will maximize your chances to secure fair compensation for the losses.

Can You Sue If You Get Hit By A Car? Damages In Pedestrian-Auto Accidents, Texas

As with any accident, being hit by a car leaves the accident victim with both economic and non-economic damages, both of which can be compensated for under the state law. The former are easier to understand and estimate because they only involve summing up the medical bills and other receipts.

The victim must hold onto every piece of evidence and not lose any record of expense if they wish to be fairly compensated according to the auto insurance policy.

However, these medical bills and proofs of other expenses are only one half of the story; your pain and agony also deserve compensation. Granted, the insurance adjuster will judge your sufferings based on your medical bills and assorted expenses, but there is no way to show your sufferings to someone else, only you can feel them.

Your medical records, doctor’s notes, comments from family and friends, and a personal journal of your experience with the accident will be of immense value here. Just be sure to share the details with your lawyer before proceeding with the settlement negotiations.

If the insurance adjuster refuses to cooperate, you can always file a civil lawsuit against the at-fault person and seek compensation from a court of law.

Assigning The Blame In A Texas Motor Vehicle Crash Case

The way your settlement case will proceed depends heavily on the details of the case itself – how it happened and who did what.

Assigning the blame is not always as simple as one might think. Of course, cases of distracted driving, drunk driving, over speeding, violating traffic lights, and aggressive driving are pretty clear indicators of who is to be blamed, but things are not always so straightforward.

Several factors may come into play in such accidents. Perhaps the driver was perfectly attentive, or his negligence was coupled with technical flaws in the vehicle’s design. Maybe the car was not properly maintained or maybe the road conditions further complicated things.

Thus, not one, but several liable parties may factor in your case, and you can seek compensation from all of them.

There is another liable party but this one, you won’t be so thrilled about: you. Pedestrians, though they are the victims, may be partially at fault for such accidents. After all, pedestrians too are required to uphold certain legal responsibilities such as being vigilant when crossing the road, confirming the status of traffic signals, and so on.

If you partly share the blame, your compensation sum will be slashed accordingly, but you can still sue the car driver as long as your share in the blame does not exceed 50%.

Settlement Negotiations With The Insurance Company In Texas

If the insurance company rep of the driver calls you a couple of hours after the accident, don’t be taken aback and don’t fall for their words. This is a preemptive strike to get you to downplay your sufferings, accept part of the blame, or settle for a mediocre sum much less than what is guaranteed by the auto insurance policy.

Don’t fall for this insurance trap, refuse to state at this stage, there will be a lot of time for that, now’s not it.

Talk to a professional lawyer about this matter, share all the details and evidence, and then move ahead with the settlement negotiations. Avoid saying anything that undermines your position, instead, let your lawyer take the charge here.

Can You Sue If You Get Hit By A Car

If things don’t work out, you can always file a lawsuit and seek compensation from a court of law.

Typically, such cases can bring victims thousands of dollars for their medical costs and other losses.

Being hit by a car on the streets of Texas not only forces a mounting physical and emotional toll on the victims, but there is the immense financial pressure associated with all of these losses. Dealing with these problems is troublesome as-is, you should not have to worry about hiring a lawyer and battling for a fair settlement with the insurance company.

Let us handle that for you!

Calhoun, Meredith, & Sims are dedicated to helping personal injury victims like you secure fair monetary compensation for their losses and regain the normalcy of their lives. We don’t ask for any upfront fees and our consultation sessions are completely free.

What are you waiting for? Call us today!

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