The landowner had a duty under well-established Texas law to warn him of the dangerous condition or to make safe the condition since it posed an unreasonable risk which the landowner knew of or should have discovered upon a reasonable inspection of the premises.
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When a pedestrian accident is serious or fatal - what you should know and doWhen someone is hurt or killed in a pedestrian crash with a car, the experience is traumatic and overwhelming. In the awful hours and days after a collision, every ounce of energy is put towards helping the injured person get the medical help they need. When someone dies in a crash, family members are forced to deal with grief, anger, and loss as they struggle to move forward with life.
After someone is injured or killed in a pedestrian crash, action needs to be taken to ensure that the victim’s rights and options are safeguarded. While a lawsuit might be the furthest thing from your mind, it is often the best way to help a pedestrian crash victim.
Fault in pedestrian accidentsThere are a number of common causes of pedestrian collisions with vehicles. Some accidents are the fault of the driver, some the pedestrian, and some involve shared fault. When a pedestrian is injured due to the fault of someone else, there is help available to begin the process of healing.
Common causes of pedestrian accidents include:
- vehicles running red lights and speeding;
- drivers under the influence of alcohol or drugs;
- drivers failing to yield to pedestrians in crosswalks;
- pedestrians failing to use marked crosswalks;
- pedestrians ignoring crossing signals at intersections;
- pedestrians walking at night in dark clothing.
What types of damages do injured pedestrians face?
After a serious pedestrian collision, an injured person incurs damages including the cost of current and future medical expenses, lost work and wages, pain and suffering, and loss of enjoyment of life. Families of people killed in pedestrian collisions also incur similar damages.
What should you do now?
If you or a family member has been hurt or killed in a pedestrian accident caused by a negligent driver, you will need legal help to make sure your rights are upheld and get reimbursed for your damages. An experienced personal injury attorney will help by assessing your claim and working with an insurance company to get a financial settlement that will ensure your financial recovery. You can leave the legal worries in the hands of the professionals and focus your energy on getting your life back. Most lawyers offer a free initial consultation and charge no fees up front, so there is no cost to learn more about your rights and options.
So if you’re a business, when you clean floors, make sure you put up appropriate warning signage. Fill in those potholes and cracks. Look for and repair/improve anything that could be labeled a dangerous condition.
How long do you have to take action on that if you want to file an injury claim? It depends on where you fell.
To win a claim or case like this, you will need to demonstrate the store knew about the dangerous condition (actual knowledge) or that they should have known about the dangerous condition (constructive knowledge).
When you slip and fall at your work in Texas, law gets complicated. If you thought law was already confusing, it gets even more so. This is because Texas doesn’t require companies to carry workers’ compensation.