Pedestrian accidents can be life-altering experiences. After being struck by a vehicle while crossing the street or passing through the sidewalk, people should focus on healing from their physical injuries and emotional trauma.
Besides their recovery, there's a crucial aspect victims shouldn't overlook: the statute of limitations. If they're planning to file a personal injury claim against the at-fault party, failing to take legal action within this deadline may affect their ability to recover compensation for their damages.
Every state has its own statute of limitations for car accident cases involving pedestrians, including Texas.
What Is the Statute of Limitations for a Pedestrian Accident in Texas?
In Texas, the statute of limitations for most personal injury cases is two years. The clock starts ticking from the moment the accident or harm occurs, but there are some exceptions.
This time limit applies to most personal injury cases, which are treated as civil matters and may include the following:
Incidents involving motor vehicles, such as pedestrian accidents, car and motorcycle crashes, and truck collisions
Slips and falls
Workplace accidents
Dog bites
Medical malpractice claims
Damage caused by defective products
Nursing home abuse and neglect
Premises liability claims
According to the Texas Civil Practices & Remedies code, the two-year deadline applies for cases involving negligence or intentional tort, such as assault and battery.
If they want to initiate legal action against the liable person or entity, people injured in pedestrian accidents should file a lawsuit before the statute of limitations expires. Otherwise, their cases may be dismissed, and they won't be able to recover compensation for their losses and damages.
Time Limits for Personal Injury Claims Involving Government Entities or Agencies
Special rules apply to a personal injury case for an accident caused by a government entity or agency, employee, vehicle, or property. Although a state, county, or city can be held liable for victims' damages, suing them is challenging.
More often than not, injured people must overcome sovereign immunity, which means they cannot take legal action against these parties without permission from the government. However, the Texas Tort Claims Act eliminates this requirement under certain circumstances, including accidents caused by specific acts of negligence.
According to the Texas Tort Claims Act, pedestrian accident victims have six months to file a notice of claim with the appropriate government entity from the time the injury occurs. Some local municipalities even have shorter deadlines.
If injured people fail to file the notice of claim within this period, they may lose the right to sue the government and seek compensation. For more information, a pedestrian injury lawyer in Houston may be able to help.
What Is the Statute of Limitations for Wrongful Death Claims?
The statute of limitations for a wrongful death claim in Texas is two years from the victim's death. Surviving family members, including their spouses and other legal beneficiaries, should seek compensation within this period to secure death benefits.
Exceptions to the Texas Statute of Limitations for Pedestrian Accident Cases
As mentioned, the Texas statute of limitations for personal injury lawsuits, including pedestrian accident claims, is generally two years from the date of the incident. However, some exceptions may extend this timeframe:
Minority
If the injured party was under the age of 18 at the time of the accident, the statute of limitations is tolled or paused until their 18th birthday.
This gives victims some time to reach adulthood and seek legal representation before filing a lawsuit. Once they turn 18, they'll have the remaining balance of the two-year period (or two years from their 18th birthday) to file their claim.
Mental Incompetence
The statute of limitations can also be tolled if the injured party is of an unsound mind at the time of the accident or becomes mentally incompetent shortly afterward. To qualify, this condition must be severe enough to prevent the individual from understanding the nature of their injuries or their legal rights.
As soon as the mental incompetence is lifted, the statute of limitations will resume, and the injured person will have the remaining time to file a lawsuit.
Fraudulent Concealment
If the at-fault party concealed their role in the accident or the severity of the injuries on purpose, the statute of limitations won't start to run until the fraud is discovered.
In these cases, the burden of proof lies with the injured party. This means victims have to demonstrate that the other party intentionally concealed crucial information.
Military Service
If the injured party is serving at the time the cause of action accrues, the statute of limitations may be tolled for the duration of their active military service and a period afterward as defined by Texas law.
Does Pedestrian Accident Victims Need Help from Personal Injury Lawyer?
Following a pedestrian accident, the injured party may be overwhelmed by medical bills, lost wages, and emotional trauma. While these cases may seem simple, navigating the complexities of a personal injury claim in Texas can be challenging. That's why victims need help from a seasoned attorney who can also explain how to file a lawsuit for mesothelioma in Texas.
What a Personal Injury Attorney Can Do for Victims
This is what a personal injury attorney can do for pedestrian accident victims:
Explain Texas laws: Multiple laws govern pedestrian accident claims, including the statute of limitations, which dictates the timeframe for filing a lawsuit. An attorney can ensure the claim is filed within the proper timeframe and advise on other legal aspects specific to this state.
Investigate the accident: A personal injury lawyer can conduct a thorough investigation to determine the cause of the accident and identify the at-fault party. This may involve gathering evidence, such as police reports, witness statements, traffic camera footage, and accident reconstruction reports.
Build a strong case: An attorney can analyze all available evidence, including medical records, to establish the extent of the injuries and their connection to the accident. This information can be used to calculate recoverable damages and build a compelling case for compensation.
Negotiate with insurance companies: Insurance companies often try to minimize payouts on pedestrian accident claims. An experienced attorney can negotiate with these entities on the injured party's behalf, ensuring they receive fair compensation.
Legal representation in court: If negotiations with the insurance company are unsuccessful, the attorney can file a personal injury lawsuit and represent the injured party in court to protect their rights throughout the legal process.
While some individuals may choose to handle a pedestrian accident claim independently, seeking help from a personal injury attorney is always a wise decision. They can advise on the workers compensation statute of limitations in Texas.
The Bottom Line
Pedestrian accidents can be devastating and leave victims with intense physical pain, an overwhelming financial burden, or both. However, injured individuals are entitled to compensation and should seek help from an experienced attorney.
Schuerger Shunnarah Trial Attorneys offers guidance to people who have been involved in car accidents as pedestrians to help them recover the compensation they deserve. Contact our legal professionals and request a free consultation. We'll go to war for you!