PEDESTRIAN INJURY ATTORNEY

The negligence that contributed to the dangerous situation between a vehicle and a pedestrian hinge on the duty of care owed by each party.

There are rules of the road that hold both parties responsible and are examined in the context of the situation. The driver of the vehicle’s duty of care includes, but is not limited to, distracted driving, traveling at speeds above the speed limit, failure to yield to pedestrian’s right of way, failure to signal while turning, or driving under the influence.

failure to signal while turning, or driving under the influence. The pedestrian must exhibit responsibility for their protection and safety as well. Contributory negligence may be considered within the context of the situation; the responsibility of care must be proportionate to the danger of the situation. Some of the most common examples of contributory negligence factors are: disturbing the flow of traffic by entering, failure to use marked crosswalks, moving in front of a vehicle, or ignoring the “walk” signal at an intersection. In some cases, contributory negligence on behalf of the property owners or possessors may be present; the laws of premises liability control these possible claims. A duty to warn people of hazards and maintain the property lies in the hands of the property owner or possessor. Knowledge of the dangerous condition can be confirmed by exhibiting that:

• The property owner created the dangerous condition;
• The owner was aware of the condition and neglected to provide a solution to the issue;
• The condition was present for an extended length of time and it should have been addressed and discovered.

If you’ve been involved in a bicycle accident as a pedestrian, our experienced Texas bicycle accident attorneys can help you seek the compensation you deserve.