Every time a pedestrian in Texas crosses the street, they run the risk of a collision with a motor vehicle. Sometimes, pedestrians get killed in crashes caused by someone driving a car. Even when they use a marked crosswalk and check the street carefully before crossing, a pedestrian is largely at the mercy of the behavior of those who are driving motor vehicles. Even cautious pedestrians can end up hurt by unsafe drivers who don’t pay attention to their surroundings, drive too fast or get behind the wheel after drinking.
Pedestrians can end up in the hospital and unable to work because of something a driver did, and their risk of a crash has been on the rise in recent years. Can someone who has been hurt in a pedestrian-vehicle collision while crossing the street potentially sue to recover their losses?
When insurance falls short, the courts may help
In theory, any driver who hits a pedestrian in Texas will have insurance coverage that applies to the crash. Their policy can help pay for property damage losses and can also reimburse the injured pedestrian for their hospital expenses and lost wages.
However, some drivers don’t have insurance, and many others carry bad policies that technically comply with state law but don’t provide enough protection for anyone hurt in a crash. When someone doesn’t have insurance or doesn’t have enough insurance and they are clearly to blame for a collision, they could face a civil lawsuit brought by the person injured.
If the person driving the car was on the clock while driving, their employer could be liable for the crash. Sometimes, there might even be a third party with liability, such as a company that produces motor vehicles or their components if a defective vehicle part contributed to the crash.
Pedestrians often struggle with major expenses after they get hit by vehicles, and they may need to both file an insurance claim and learn more about the Texas rules that apply to personal injury lawsuits as a result. Making use of personal injury protection and legal guidance can potentially help those hit by an unsafe driver better cover their collision-related expenses.