Isn’t life already dangerous enough? Or is that boring? Now our teens are playing a game where they have to dart across dark streets late at night to have fun?
About midnight Friday night, a 15-year-old young woman had to be rushed to the ICU at John Peter Smith Hospital after she was hit by a car in the 8000 block of Boat Club Road in north Fort Worth. Ashlee Aguilera, a student at nearby Boswell High School, was playing this popular driving/running game with friends. She suddenly ran across this busy four lane road and was accidentally hit by a 26 year old man. Thankfully, she is expected to fully recover.
OK, I hadn’t heard of this game before. I grew up watching this TV show in the 60’s and love the movie starring Harrison Ford. But today, groups of “cops” form on social media and drive around at night trying to tag other groups of “fugitives.”
A hospital injury-prevention outreach coordinator in Fort Worth that she had seen other injuries caused here while kids played the game and that it is “extremely dangerous.” In Arizona last year, a young man died after he fell out of a speeding truck. The father in me, not to mention the personal injury attorney, thinks that this activity should be outlawed immediately.
Can an At-Fault Plaintiff Still Recover for Injuries?
It is obvious that the girl should not have been in the street and is reponsible for her injuries. However the other driver may not have been paying proper attention to traffic conditions and could have swerved, braked, or otherwise avoided the collision. I’ve seen far too many cases where drivers are so busy looking down at their cell phones that they crashed into other vehicles or pedestrians. Distracted driving is a serious problem on our roads.
Each case is different and must be thoroughly investigated before an accurate assessment of liability can be made. An experienced attorney and expert witnesses are usually necessary.
Texas is what is called a “comparative fault” state. This means that even an accident victim who is partially at fault for the collision that caused his or her injuries may still be able to recover from others involved in the accident as long as they were not more than 50% at fault. Most states follow the comparative fault rule. By comparison, some states use the harsh “contributory negligence” rule that bars a plaintiff from recovering if he or she is even 1% at fault for the accident.
Under a comparative fault system, the plaintiff’s damages award will be reduced by the percent that the finder of fact determines he or she is at fault. For example, if a plaintiff is awarded $100,000.00 by a jury but is also found to be 20% at fault for the accident, her net recovery would generally be $80,000.00, depending on court costs and other variables. However, under a contributory negligence system, that same plaintiff would not be entitled to recover a penny.
Of course, defendants in personal injury lawsuits attempt to shift as much blame onto the plaintiff as possible in order to decrease their own exposure. This is usually the bone of contention at a trial and another reason that people should seek immediate legal counsel.
These pedestrian cases almost always involve serious injuries and/or fatalities. I have had to represent a number of people on foot, bicycles, or who were handicapped and in wheelchairs over the years.
Have You Been Involved in a Fort Worth Accident?
If you or a loved one has recently been involved in a Texas car, motorcycle, or truck accident, you may be entitled to monetary damages. To learn more about the accident laws in Texas, and to schedule a free consultation with a top-rated Fort Worth personal injury attorney, call Bill Berenson at 817-885-8000 or contact him here. Attorney Berenson has over 34 years of experience dealing with motor vehicle collision cases and knows how to get the maximum compensation for his clients.
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