Red Light, Green Light in Pedestrian Injury Claims
Jaywalking pedestrians are eligible for compensation in the Lone Star State. Texas is a comparative fault state, and a jaywalking pedestrian injury is a classic comparative fault dispute. The victim crossed against the light, and the tortfeasor (negligent driver) didn’t watch where s/he was going. Divided fault claims usually mean reduced compensation. However, depending on the evidence in the case and a few other factors, the victim may be eligible for almost 100 percent compensation.
Because pedestrians are completely unprotected in these cases, even a relatively low-speed pedestrian collision normally causes catastrophic (life-threatening) injuries. So, even in a comparative fault state, a Sugar Land pedestrian accident lawyer can obtain substantial compensation in these cases. This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.
Comparative Fault in Texas
Unlike many other negligence defenses, comparative fault is a two-part defense. Therefore, a Missouri City personal injury lawyer has two chances to maximize compensation in the matter.
First, in a pretrial hearing, a judge must rule that each party substantially contributed to the wreck. If Alice crossed against the light at a corner, her jaywalking most likely didn’t substantially contribute to a subsequent collision. But if she crossed against the light between two parked cars (outside the intersection and nearly invisible to oncoming motorists), that’s different.
Second, an insurance company lawyer must convince jurors that the victim was at least 51 percent responsible for the crash. Compensation is available if the victim’s percentage of fault was lower.
Evidence is usually the key at both points. That’s one reason attorneys spend so much time building cases before they go to court.
Pedestrian Injuries and Traffic Lights
Although we’ll focus on traffic light pedestrian accidents, the same basic comparative fault principles apply in all such claims, from stop sign intersections on residential side streets to interstate highway pedestrian accidents.
- Green Light: Yes, the comparative fault doctrine could apply even if the victim has a green light. People still have a legal duty to stop and look both ways. They definitely cannot walk out into the street while on their phones or otherwise distracted.
- Yellow Light: Many victims have mild mobility impairments, such as a bad ankle or knee. Other people simply can’t get around too well, mostly due to age. These individuals usually cannot get across the street before the light changes color. Pedestrians don’t have the absolute right to cross on green, and drivers don’t have an absolute right to hit their accelerators as soon as the light changes color.
- Red Light: The same “absolute right” rule applies in these situations. All drivers have a duty of care to avoid accidents at all times. This legal responsibility means at least pausing to ensure that the intersection is clear.
Most pedestrian accident claims settle out of court. In most cases, a bird in the hand is worth two in the bush. A fair settlement is better than the possibility of a larger court verdict.
Pedestrian accidents often happen in the blink of an eye, but the personal injury claims settlement process is often long and frustrating. But the waiting almost always pays off. On average the lawyer-driven settlement process results in a 300 percent larger settlement.
Rely on a Diligent Harris County Attorney
Injury victims are entitled to significant compensation. For a confidential consultation with an experienced personal injury attorney in Missouri City, contact the Henrietta Ezeoke Law Firm. The sooner you reach out to us, the sooner we start working for you.
Source:
law.cornell.edu/wex/comparative_negligence
