If you get hit by a car as a pedestrian in Texas, you could suffer catastrophic or life-changing injuries. These accidents can be extremely harmful and expensive. While no amount of money can reverse the harm you have experienced, you may be eligible for financial compensation for various related losses. Achieving a successful Laredo pedestrian accident claim can help you become financially whole again.
Who Pays for a Pedestrian Accident in Texas?
Texas is an at-fault car insurance state. This means the driver who is at fault for causing an automobile accident or pedestrian collision is responsible for paying (liable). If you get injured in a pedestrian accident in Texas, you will have to prove that the driver is at fault, such as with evidence of a dangerous traffic violation or negligent driving. This will grant you access to that driver’s automobile insurance coverage to pay for your related losses.
Economic Damages
An insurance claim or personal injury lawsuit in Laredo filed for a pedestrian accident could result in multiple types of damages or financial compensation. The most common type is “economic damages,” which refer to the financial losses suffered by the victim because of the collision.
Common economic damages listed in a pedestrian accident case include:
- Past and future medical bills
- Disability or long-term injury accommodations
- Lost wages
- Lost future capacity to earn
- Damage to personal property or belongings
- Travel or transportation
You should start gathering evidence and documentation to prove your economic damages immediately after a pedestrian accident in Texas. This includes your medical bills, lost wage statements and receipts for any out-of-pocket expenses.
Non-Economic Damages
The other type of compensatory damage award available for a pedestrian accident in Texas is “non-economic damages.” These describe any intangible or non-monetary losses the pedestrian suffered due to the accident and associated injuries. They are also known as “pain and suffering.”
Examples include:
- Acute or chronic physical pain
- Emotional injuries
- Psychological harm
- Post-traumatic stress disorder (PTSD)
- Depression or anxiety
- Permanent disability, disfigurement or scarring
- Loss of enjoyment of life
- Insomnia
- Loss of consortium (for family members)
- Grief or mourning, in a Laredo wrongful death claim
Non-economic damages are more difficult to prove and valuate than economic damages. You can help your case by seeking counseling, therapy or psychiatric care after your pedestrian accident to have any official mental health conditions diagnosed and treated.
Punitive Damages
Punitive or exemplary damages may be available after a pedestrian accident in Texas if the defendant acted with “fraud, malice or gross negligence” (Texas Civil Practice and Remedies Code § 41.003). If the plaintiff proves this with clear and convincing evidence, additional punitive damages can be awarded to punish the defendant.
What Is the Average Pedestrian Accident Settlement in Texas?
An “average” pedestrian accident settlement in Texas does not exist, as every case is entirely unique. Case results can vary significantly from person to person. Factors that influence settlement value include injury severity, whether the pedestrian accident was fatal, the length of the victim’s recovery timeline, the insurance coverage available and any comparative negligence assigned to the victim.
Discuss what compensation may be available in your specific pedestrian accident case in Texas and what our attorneys can do to maximize your payout by contacting Gonzalez Druker Law Firm for a free consultation.