Most pedestrian accidents involve a pedestrian struck by a motor vehicle. Someone driving a car or truck runs a red light or fails to check that the crosswalk is clear before making a right turn on red. However, other pedestrians are injured when a motorcyclist, bicyclist, or scooterist hits them. Are these still pedestrian accident claims under Texas law?
The answer is “yes.” These other types of pedestrian accidents are analyzed the same as pedestrian collisions involving cars. Nonetheless, these other types of pedestrian accident claim present unique issues regarding the ability to receive compensation. Depending on the facts, you might receive compensation—or none at all. Contact Husain Law + Associates today to speak with a pedestrian accident lawyer about your case.
Fault Rules Apply to These Accidents
Texas is a fault state when it comes to accidents. This means we must carefully scrutinize the accident to determine responsibility for the collision. This is called assigning fault.
Fault can be shared under Texas law. However, you can’t sue someone who is completely blameless. Consequently, your legal team needs to dig in and review all the evidence to determine fault before filing a claim.
Accidents involving cyclists, motorcyclists, and scooterists are also analyzed under traditional fault principles. For this reason, we always ask clients to tell us about their accidents when we first meet. We want to better understand who has responsibility for the crash.
Receiving Compensation for a Pedestrian Accident
In a standard pedestrian collision, you can sue the motor vehicle driver who struck you. Texas requires that drivers have liability insurance before they can register their vehicles. But what about these other accidents?
If you are hit by a motorcyclist, they should have insurance. Texas requires that motorcyclists show proof of financial responsibility, which is usually satisfied by purchasing a liability policy. You can make a claim on this liability policy when the motorcyclist is at fault and you have medical bills, lost income, or other damages.
If you are hit by a bicyclist, then we need to identify if the cyclist has insurance that will cover the crash. Texas does not require that bicyclists purchase liability insurance. However, this person might have homeowner’s or renter’s insurance, which might have personal liability coverage. If the bicyclist rented their bicycle, then the rental company might provide coverage to its riders.
If you are hit by someone riding a scooter, then it is much harder to receive compensation. Most homeowners’ insurance policies do not cover accidents caused by motorized vehicles. Your only option might be to sue the rider personally. They could have assets, like cash in a bank, they could use to pay a settlement.
Let Us Help
Husain Law has assisted countless injured pedestrians to get compensation following accidents. We strongly encourage you to reach out to our legal team quickly after the accident. Our lawyers will provide an overview of whether you have a valid claim and your chances of receiving fair compensation. Contact us to get started.
