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When a Car Hits a Pedestrian, Who Is Responsible?

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Dallas and Fort Worth aren’t considered walking cities. Texans most often drive to their destinations and aren’t used to watching out for pedestrians. In Dallas alone, 40 pedestrians were killed in 2012. In Fort Worth, 20 were killed.

In Texas, when a pedestrian is hit by a vehicle, lawsuits are often about who had the right of way, and fault is usually determined by who was negligent. Both the pedestrian and driver can be found negligent if either party failed to exercise a reasonable standard of care given the circumstances.

Understanding Negligence Under Texas Law

If a person is negligent, he or she behaved in an irresponsible or reckless way that caused harm to someone else. A person can be found negligent if they behave or act inappropriately—for example, by speeding—or fail to act or behave appropriately—for example, by not yielding to a pedestrian. The person who brings the lawsuit (plaintiff) must show that the person being sued (defendant) was negligent. The elements of negligence are:

  • The defendant owed a legal duty to the plaintiff. In other words, if you’re involved in a Texas car crash lawsuit, the law requires that a driver must be careful if he encounters anyone on the road, such as a pedestrian.
  • The defendant breached the duty. To prove this element, it must be clear that the defendant was not careful and did not act or behave as a reasonable and prudent person under the same circumstances.  
  • The defendant’s conduct proximately caused the plaintiff’s injuries. This means the plaintiff must show that the defendant’s conduct caused the crash injuries.
  • The plaintiff suffered losses and/or was injured. Car crash victims can be compensated for injuries, lost wages, property damage, and pain and suffering.

When You Need an Experienced Attorney, We’re Here for You

Auto-pedestrian crashes in Texas and especially in the Dallas-Fort Worth area are frequently caused by careless driver behavior, so it’s important to understand your rights as a crash victim. If you were injured in an auto-pedestrian crash, The Hart Law Firm wants to help you receive the best compensation possible. Call us today at 817-380-4888 to discuss your case.

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