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Tony Denena
Board Certified Personal Injury Trial Lawyer, One of Founding Partners, Denena & Points, PC

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10/6/2011
Tony Denena
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Some Thorny Issues in Clear Lake, TX Pedestrian-Car Accident Lawsuit

Accident cases involving pedestrians struck by cars revolve around complicated issues that don't usually come into play in vehicle accident cases involving two cars striking each other. For instance, your case might involve any or all of the following issues.
  • Right of way. If you were jay walking, outside of a crosswalk, or crossing against a traffic signal, you could meet fierce opposition to your claim. The law generally gives pedestrians the benefit of right of way. But this benefit evaporates once the pedestrian chooses to jay walk or disregard traffic signals.
  • Last clear chance. In accident cases, much contention might revolve around the question of which party had the "last clear chance" to avoid the accident. If that party failed to use that chance, then they might be found more fully at fault for causing the accident.
  • Comparative fault. Texas law allows juries to decide the shares of fault of each party to an accident. You can only obtain compensation for your injuries if the jury decides you were less than 50% at fault for causing the accident.
  • Driver behavior. The driver's speed, driver fatigue, driver distraction, driver intoxication, and driver disregard for traffic laws can all have strong influence on the outcome of your case. If you were struck because the driver ran a red light, even if you were jaywalking, that could shift the weight of comparative fault clearly back onto the defendant.
The counsel of an experienced Clear Lake, TX accident attorney could prove invaluable to your efforts to claim fair financial compensation from the negligent driver who hit you with a car. At Denena & Points, we're Clear Lake, TX accident attorneys with more than 12 years of practical experience tackling such cases and their issues.
We know how to locate witnesses and take their statements so that they will have beneficial value to your case. We have finely honed abilities in the key area of accurately valuating your damages from the accident. We aggressively negotiate with defendants and insurance companies responsible for paying your compensation. We know how to successfully apply the Texas dram shop laws to your claim if a drunk driver hit you. Call us for a free consultation/case evaluation. The call is free. Good legal advice could be priceless.


Category: Car Wrecks



Call us at 877-307-9500 to speak with a Board Certified Clear Lake Personal Injury Attorney about YOUR case today!


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