If you were in a pedestrian-car accident on private property in Dallas, you may be able to take legal action against a property owner. But holding a property owner liable for a traffic accident – especially one caused by a negligent driver – can be complicated and may require legal assistance.
First, you can file a claim for compensation under the motorist’s property damage insurance policy, provided the motorist is to blame for the accident. You may also be able to file a claim against the property owner if the property owner was negligent in some way and that negligence caused or contributed to your car accident.
Not every injury or accident that occurs on someone else’s property warrants filing a claim against the property owner. To file a successful premises liability claim, you must prove that the property owner had a duty to provide you with a reasonably safe, hazard-free property, that the property owner failed in that duty, and that the failure resulted in your injuries.
In other words, you must prove that there was a hazard on the property which caused your accident and that the property owner should have been aware of this hazard yet did not correct it. For example, if there was poor lighting on the property and this contributed to an accident involving a car, then the property owner may be at least partially liable for damages that you suffer.
Of course, if a negligent driver hit you with her car while you were a pedestrian on private property, it is likely the driver will be primarily responsible. Texas requires that negligent motorists compensate victims who suffer damages because of negligent behaviour.
So if you were in an accident, you can file a liability insurance claim against the negligent motorist. You may also file a lawsuit if you are unsuccessful in reaching a fair settlement with an insurance claim. Such cases may also require legal assistance to recover fair damages.
Speak to personal injury lawyer Julie Johnson if you’re in the Dallas area to discuss your legal avenues for compensation. You could recover damages that include medical costs, lost wages, disability and pain and suffering. Call 214-290-8001 or fill out our online contact form to set up your consultation to get started on your case.