As a pedestrian, there’s nothing more natural than walking along a busy city street. Unfortunately, there’s also almost nothing more potentially dangerous. While countless people walk on sidewalks every single day without being involved in accidents, there’s always a chance of something going wrong. Being involved in a wreck, especially as a pedestrian, is terrifying. It’s important to know your rights. Before you pursue any legal help, however, make sure that you seek medical attention.
Who is at Fault?
Determining who was at fault for the accident is often the biggest question on anyone’s mind. Generally, the fault is determined by proving one party was negligent in their actions. Failing to provide reasonable care or attention while operating a vehicle is considered negligence. However, both parties – driver and pedestrian – may be considered negligent in such a case. For example, if a pedestrian crosses the road illegally while a driver is speeding, they’re both negligent.
If you’re partially at fault as the pedestrian, your eventual recovery may be reduced. This means that you may not receive full compensation for damages and medical costs.
Understanding Your Rights
Pedestrians have a duty to obey traffic laws and observe current traffic conditions. Typically, pedestrians should not continue forward across a street if they know a vehicle is approaching. When in doubt, err on the side of caution.
If you are not at fault for the incident, you have a time limit to file a personal injury lawsuit, known as “statutes of limitations.” In some areas, you have just one year to file a lawsuit after an incident. It’s best not to wait, though. Contact an experienced attorney after seeking medical attention.
To schedule a consultation appointment, contact The Durham Firm by calling (214) 222-4000. We’re happy to examine your case and determine whether a viable solution may be had or otherwise.