Austin Pedestrian Accident Injury Attorneys Work for Your Benefit
Pedestrians are incredibly vulnerable on the streets, and pedestrian accidents are more common than you think. If a pedestrian is injured in a car accident in Texas, the victim or their family can pursue a personal injury lawsuit. However, if they pass away as a result of a pedestrian car accident, their loved ones may be able to sue for wrongful death. Fortunately, victims of a pedestrian accident do not have to wait to file their claim. Our experienced Austin pedestrian accident lawyers handle your Austin pedestrian accident lawsuits and can help you understand your rights in this difficult time.
Pedestrian accidents and fatalities are on the rise in Texas.
In 2020 there were:
Pedestrian-involved motor vehicle accidents are especially dangerous and pose many special medical and legal challenges that make pedestrian accident wrongful death claims necessary.
Here are some of the special challenges of pedestrian accidents:
If a pedestrian has been injured in a car accident, they have the right to file a personal injury lawsuit to recover their costs and losses as a result of the accident. However, if the victim passes away, they can no longer sue for personal injury. Instead, the surviving family members can decide to sue for pedestrian accident wrongful death. Here is a quick overview of the similarities and differences:
As you can see, the types of losses that result from a personal injury are different from the losses of a surviving loved one. A wrongful death claim does not traditionally compensate surviving family members for the victim’s medical bills, lost income, and other expenses.
Because of this, Texas has a “survival statute” that allows family members or an estate to recover the same damages as a personal injury lawsuit. The survival statute allows family members to continue with an existing personal injury claim, and also sue for wrongful death if their loved one passes away.
In other words, if you or a loved one have been injured as a pedestrian in a motor vehicle accident, it’s important to consult with a qualified Austin pedestrian accident attorney. You can begin a personal injury lawsuit, and continue the process even if the victim passes away. The same process of proving liability will be essential in either type of claim.
It is not always easy to sue for wrongful death. Proving driver negligence can be difficult, especially if it was a fatal accident and there were no witnesses. However, if a driver has caused an accident by driving recklessly or negligently — especially if they hit and run — they may face criminal as well as civil liability.
A driver who hits a pedestrian may be guilty of crimes like:
If the driver has committed criminal offenses in a pedestrian accident, law enforcement will investigate and may prosecute. If there is a criminal investigation, some of that information may be used to help prove a civil lawsuit. In most cases, courts will hear the criminal case before the civil case, because settling the facts in the criminal case helps determine relevant facts for the civil case.
Since 1978, the Aaron Allison law firm has been fighting for the rights of pedestrians who have been injured or killed in car accidents in Texas. As a pedestrian accident lawyer Austin with expertise in both personal injury and wrongful death lawsuits, you can get expert guidance and legal help all along the way. If you are the victim of a pedestrian accident wrongful death, contact us today for a free consultation.
Back & Spinal Cord Injury News
Austin University Helps Heuro Patients Walk Again
Paralysis is a devastating condition that is often permanent. It is a common occurrence after serious spinal cord injuries such as broken or …
Here’s what to expect:
“I looked at several attorney’s for my husband’s case, and Aaron looks like he was the best one. He was the best Worker’s Comp attorney in our area of Texas. So, we called and made an appointment for an initial visit. Once we talked to him we got that he knows his job. Plus he’s very nice and very personable. We could tell that right away.”
— Mrs. Mario Caballero, Austin, Texas