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I Was Run Over by a Car/Truck

Published February 6th, 2020 by Leo & Oginni Trial Lawyers, PLLC

Some of the most devastating car collisions are those that involve an automobile and an individual’s bodily person. Webster's dictionary defines "Bodily Person" as relating to the body; having to do with a person’s body. These severe accidents can occur when a pedestrian is crossing the street and is physically hit by a driver that ran a red light, did not defer to the pedestrian crossing the street, does it on purpose due to a dispute/altercation, or just pure negligence.

Who Can I Sue if A Car Has Hit My Body?

If your bodily person has been hit by a negligent driver then you can sue the insurance carrier of the driver. At times the negligent driver may be in the course of business for his employer. If you were hit by a driver that was working on the job then you may can hold his employer liable as well. In law this is called vicarious liability or Respondeat superior. An employer is vicariously liable for the negligent acts of its employee/driver if at the time of the collision the driver was working in the course of business. For example, if you are a pedestrian crossing an intersection and you are run over by a FedEx driver delivering packages then you may can hold the driver liable and FedEx the company liable. There are a lot of complex variables when holding the company vicariously liable for the negligent acts of its employee which is why it’s important that you contact an attorney today.

How Long Do I Have to Bring Suit If I was Ran Over By a Car In An Intersection?

A claimant has 2 years to bring suit in Texas for all injuries caused from the accident. Although you have two years to file suit, it’s important to hire an attorney immediately in order to properly advocate on your behalf. Depending on the facts, it may be very important to preserve the vehicle in the collision before it is repaired or disposed of. In addition, every statement that you make can and will be used against you. Hiring an attorney that is experienced in circumventing the insurance companies’ traps is important in your case.

Public Transit Hit a Bodily Person

A common question is whether a person can sue the government if they have been injured in a bus crash? Yes, the city government may be held liable for the negligence of its’ employees which led to a bus crash. Just like most car accidents, injuries resulting from a public transit will be handled by an insurance company. As we have stated multiple times, ‘THE INSURANCE COMPANY IS NOT YOUR FRIEND.” If you have been run over by a bus or run over by a city bus then it’s important that you call Leo & Oginni Trial Lawyers PLLC today. If you want more information on the steps you should take after getting into an accident then read our blog here.

What Are Some Duties That Drivers Have towards Bicyclist ?

  1. Failure to stop at a stop sign;
  2. Failure to Keep a proper look out;
  3. Failure to keep control of a motor vehicle;
  4. Failure to apply breaks properly;
  5. Failure to Yield the right of way; and
  6. Driving on the wrong side of the road.

Under Texas case law, the driver of an automobile, before entering and attempting to cross a heavily traveled thoroughfare, is charged with the duty of not only to look but to observe in a careful and intelligent manner the traffic and general situation at and in the vicinity of the intersection. Lynch v. Ricketts 314 S.W.2d 273 (Tex. 1958). Despite the fact that the driver may be entitled to the right away, the Court reasoned, the driver is charged with the duty to access all speeds and proximity of all [individuals] approaching from either direction and to exercise ordinary care for the driver’s own safety. Id. emphasis added. Although Texas legislature and case law has placed a duty on drivers to watch for the safety of pedestrians, that does not absolve pedestrians from the responsibility of their own safety.

Does my Actions Affect My Recovery?

Yes, a pedestrian’s actions may affect their recovery for the worst. Under Texas law, if a claimant’s percentage of responsibility is greater than 50% than they may not recover any damages. If it is determined that the claimant’s responsibility is equal to or less than 50% then their recovery will be reduced by their responsibility of recovery. For instance, a pedestrian is ran over by a negligent truck driver and is awarded $100,000. It is further determined that the pedestrian is 30% to blame for his own injuries. Thus, 30,000 would be reduced from the claimant’s recovery. If you are a pedestrian that was hit by a car, hit by a truck, hit by a commercial truck, hit by a big truck, hit by a public bus, hit by an Uber driver, hit by a Lyft driver, then it is important that you follow the Texas Transportation Code Chapter 552: Pedestrians.

Houston Personal Injury Attorneys That Handles Run Overs?

Leo & Oginni Trial Lawyers PLLC are the lawyers for you and your loved ones. We pride ourselves in hard work, courage, integrity, and communication. Leo & Oginni Trial Lawyers PLLC is willing to work hard to fight for you and your loved ones. Leo & Oginni Trial Lawyers PLLC is willing to go up against any driver and/or any company. Leo & Oginni Trial Lawyers PLLC proudly associates our firm with communication. We ensure to walk you every step of the way and to be there for any questions or concerns that you may have. Contact us today for a free consultation—Help Is Here


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