In automobile accidents, we often think first about the drivers, both in terms of who is responsible and in terms of who bears the brunt of the consequences. However, passengers, pedestrians, and even cyclists can suffer severe injuries during a collision. If you weren’t a driver, but were injured in a car accident, can you recover damages? The good news is that you can, and your car accident injury lawyer in San Antonio can help you do so.
Who Can Claim Damages in a Car Accident?
In Texas, anyone injured due to the negligence or fault of another party in a car accident, whether a driver or not, can potentially claim damages. This includes passengers, pedestrians, cyclists, or bystanders. As a non-driver, if you’ve been injured in a car accident, you have the right to pursue compensation from any party at fault. This could be:
- The driver of the vehicle you were in
- The driver of another vehicle involved in the collision
- Βoth, if both drivers were found to be at fault
- A third party not a driver who caused the accident
The claims process involves determining the party whose negligence caused the accident and subsequently your injuries. Usually this is one or both drivers, but there are exceptions. Cyclists and pedestrians can cause accidents by violating road usage regulations, for example, or entities like the city government might be at fault if they failed to keep a road in good repair. A personal injury lawyers will help you understand your rights and the full scope of the compensation you’re entitled to.
Pedestrians and Cyclists
Pedestrians and cyclists are among the most vulnerable on the road. Texas law protects their rights, ensuring they also can claim damages if they are injured due to a driver’s negligence. Even if a pedestrian or cyclist is found partly at fault, Texas follows the modified comparative negligence rule, which means they may still recover damages, albeit those damages will be reduced by their percentage of fault.
Texas’s Modified Comparative Negligence Rule
The Lone Star state uses something that is sometimes referred to as the “51% bar rule.” If an injured party is found to be 51% or more at fault, they cannot recover any damages. However, if their fault is 50% or less, they can recover damages, but their compensation will be reduced by their percentage of fault. For instance, if you’re awarded $100,000 in damages but are found 20% at fault, you’d only receive $80,000.
Collecting Evidence for a Strong Claim
The evidence that can help your case will include:
- Photos and Videos: Capture the accident scene, injuries, and damages to vehicles or property
- Eyewitness Accounts: Collect contact information of witnesses who can provide statements about the accident
- Medical Records: These detail the extent of your injuries and are pivotal in establishing the impact of the accident on your health and wellbeing
Talk with a Car Accident Injury Lawyer in San Antonio
Each car accident claim is unique, and while general advice can help you decide on a broad strokes plan, you won’t get very far along the road without an expert Texas attorney. They can help you understand your rights, make informed decisions, stay in compliance with all requirements for bringing a claim, and thus maximize your chances of a favorable outcome.
Just one of the most complex aspects of these cases is determining liability. Drivers are often liable, but other entities might share responsibility. If a vehicle malfunction, such as brake failure, led to the accident, the car manufacturer or parts producer might be held accountable. Poorly maintained roads, malfunctioning traffic lights, or inadequate signage can also contribute to accidents. In such cases, local or state governmental bodies could be held liable.
If a commercial vehicle, like a delivery van or semi-truck, is involved, the company operating that vehicle might bear responsibility. It requires a skilled and experienced attorney to dig through all of this to find out all the liable parties and get you the compensation you need. Find out more here about a skilled San Antonio personal injury lawyer who may be able to help you.
Some of the Compensation You Can Seek
Medical Expenses
Costs related to hospital stays, surgeries, physical therapy, medication, and future medical needs can be compensated.
Lost Wages
If the injury caused you to miss work or reduced your capacity to earn, you could be compensated for those lost earnings.
Pain and Suffering
These damages compensate you for the physical pain and emotional distress you’ve experienced due to the accident.
Loss of Consortium
If the accident adversely affected your relationship with a spouse, you might be eligible for loss of consortium damages.
It’s not uncommon for non-drivers to feel ignored in the aftermath of a car accident. However, Texas law ensures that every injured party, irrespective of their role in the incident, has a path to justice. A good lawyer will help you understand your rights and the full scope of the compensation you’re entitled to.
