What if I was partially at fault for a pedestrian accident because I was outside the crosswalk?
By GNGF on January 19th, 2023 in
Proportionate responsibility laws determine the effect of your own potential partial fault in causing an accident. Your recovery will be reduced by your percentage of responsibility for causing an accident. In Texas, a person may not recover anything if he or she is more than 50% at fault for causing an accident. New Mexico has pure comparative fault rules, which means that the other driver may still be required to pay for their fair share of your injuries even if you are more than 50% at fault for causing the accident. An experienced personal injury attorney can help establish fault in pedestrian accidents.
You may wonder how fault is determined in a pedestrian accident. As with any automobile accident, the police will arrive at the scene of the accident, question those involved in the accident as well as any witnesses to the accident, then prepare a report. In some cases, this report will definitively state who was at fault for the accident. In other cases, fault may be less clear, and while the police will prepare a report, they will not issue an opinion as to fault. Once you have an experienced pedestrian accident attorney from Harmonson Law Firm as your legal advocate, we will investigate the accident as well.
We have the necessary resources to secure evidence, talk to witnesses, and even have the scene reconstructed by a professional when necessary. The insurance companies for those involved in the accident may also conduct their own investigation. Of course, from the insurer’s point of view, they want to pay as little as possible, so they will be investigating with an eye toward showing their client was not at fault. This is why it is crucial to have a knowledgeable pedestrian accident attorney who fights to keep an insurance company from paying less than your claim is worth. Your attorney will challenge any findings on the part of the insurance company that does not support your claim.
Your attorney will interview witnesses to the accident and subpoena any devices in the area that may have recorded the accident. Once fault is determined, your claim will be based on whether you bear any responsibility for the accident or whether the other driver is 100 percent at-fault. In pedestrian-automobile accidents, the driver of the automobile is virtually always at fault, although there could be other entities who are also at fault. If a government entity failed to properly mark a crosswalk or failed to trim trees or bushes which prevented the driver from seeing the pedestrian, they could be found partially at fault for the accident.
How soon do I need to bring a case after a pedestrian accident?
The statutes of limitations are the window of time in which you have to bring a personal injury claim against the negligent party. If you miss this window of time, you will be barred from bringing a claim at all. Each state sets its own statutes of limitations, which can range from one year to more than ten years.
While it may seem as though you have plenty of time to bring your claim, there are many reasons to do so as quickly as possible. As time passes, evidence can disappear and witnesses may move away, die, or their memories of the accident can fade. Your claim simply has a better chance of success when you file it as quickly as possible following your pedestrian accident.
In Texas, the statute of limitations for filing a lawsuit for personal injuries in a pedestrian accident is 2 years. In New Mexico, the statute of limitations to bring a lawsuit for injuries involving a pedestrian accident is 3 years. Claims against the government have different and shorter time limits and notice provisions. Statute of limitations laws are complex and are dependent on the facts, so an injury attorney should be consulted. It can be difficult without an experienced personal injury attorney on your side to help determine fault in pedestrian accidents. It is important that you hire a lawyer as soon as possible after the accident to help ensure that all evidence of the crash is properly preserved.
How the Harmonson Law Firm with Offices in El Paso, TX and Las Cruces, NM Can Help
At Harmonson Law Firm, we fully understand just how devastating a pedestrian accident can be. We have compassion for your injuries and your current financial situation. We will not only help you get the medical treatment you need, but we will also fight for you and your future by working to secure the best possible settlement. Attorneys Clark Harmonson and Hadley Huchton have a goal of helping good people who were injured through no fault of their own get the settlement they need and deserve.
We take care of all our clients on a personal level rarely seen in other firms. A serious personal injury can be the most stressful event in your life; this stress can increase in intensity when the insurance company refuses to pay you what your claim is worth. Once you have contacted Harmonson Law Firm, we will take care of all interactions and negotiations with the insurance company, allowing you the time you need to heal from your injuries. Please note that nothing herein is meant as legal advice specifically related to your case.