How Comparative Fault Impacts Austin Pedestrian Accident Cases

July 1, 2016 | By DJC Law Attorneys
How Comparative Fault Impacts Austin Pedestrian Accident Cases
Car hitting pedestrian

This is the second post in our series on the handling of Austin Pedestrian accidents. Our last post served as overview of subjects we will be discussing and stressed the need to contact an attorney if you have been hit by an oncoming car. It is important that you contact counsel to protect your rights when dealing with insurance adjusters. In this article we will discuss another important topic – how Texas’ comparative fault laws apply to such cases.

Texas comparative fault laws allow an Austin pedestrian to recover even if they were partially at fault

We have previously discussed how Texas’ comparative fault laws impact injury cases. This is an important concept when dealing with those who have been hit while in a crosswalk or while otherwise in the street. Our state allows you to recover damages for an accident as long as you were no more than fifty percent responsible for the incident. In other words if the jury decides that each party was “half responsible” for the accident then the Plaintiff can still be compensated. The amount awarded will be reduced by the amount of the Plaintiff’s fault. If, for example, the jury finds that the victim was forty percent responsible for the incident, and $100,000 in damages were suffered, then the victim will receive $60,000 ($100,000 – the victim’s 40% of responsibility). The concepts of comparative negligence are important in injury cases as fault can often be apportioned to both sides.

Comparative fault can often come into play in a pedestrian accident. If one crosses the street against a “do not cross” sign then they are committing an act of negligence. If such a person is hit by a car which runs a red light and was speeding then the driver would also have committed an act of negligence. In such a situation the jury will have to decide how much blame each party bears and apportion a percentage to each. It is strongly suggested that you contact an attorney to assist you if you have been hit by a car.

Our Austin pedestrian accident lawyers handle matters in which one has been injured by a negligent driver. We will take the necessary steps to assist the Plaintiff in such a case. These steps may include hiring an accident reconstructionist, interviewing witnesses, deposing the driver, etc. Contact our office today to schedule an initial consultation. We also service Travis County cities which include Rollingwood, Round Rock, Elgin, Jonestown, Manor, Bee Cave, Lago Vista, Sunset Valley, Lakeway, Creedmoor, the Williamson County cities of Georgetown, Cedar Park, and Leander, as well as other areas of Texas.

Austin pedestrians should contact an attorney immediately if they have been hit by a car

Austin residents who have been hit by a car should contact an attorney immediately rather than waiting to speak with counsel. Unfortunately some people who were partially at fault for the accident may feel that they do not have a case and do not pursue the matter. As explained above, one can potentially be compensated even if they are partially to blame. Contact counsel as soon as possible if you have been injured.