Can You Sue Someone for Running You Over?

Can You Sue Someone for Running You Over?

Yes, if you have been hit and injured by a vehicle, you can generally sue the person responsible for running you over. In Texas, the ability to file a lawsuit and seek financial compensation is typically based on proving that the driver was negligent, meaning their carelessness or recklessness directly caused your injuries.

This situation is incredibly frightening. Speaking with an experienced personal injury lawyer can help you understand your rights and hold the driver accountable for your injuries: a powerful step toward recovery.

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Key Takeaways for Suing Someone for Running You Over

• A person injured after being run over by a vehicle may be able to file a lawsuit against the at-fault driver.
• Successful personal injury claims in Texas rely on demonstrating the driver's negligence, which involves proving they had a duty of care, breached that duty, and caused injuries and damages.
• Compensation in these cases can cover a wide range of losses, including medical expenses, lost income, and non-economic damages like pain and suffering.
• Texas law includes a "proportionate responsibility" rule, which can affect the amount of compensation an injured person receives if they are found to be partially at fault.
• There is a limited time to file a lawsuit, known as the statute of limitations, which is typically two years from the date of the incident in Texas.
• Evidence from a related criminal case, such as a DWI charge against the driver, can be very influential in a civil lawsuit.

What Kind of Compensation Can You Pursue After Being Hit by a Car?

Being run over by a car can lead to devastating physical, emotional, and financial consequences. The purpose of a lawsuit is to recover compensation, legally referred to as "damages," to help you manage these burdens and rebuild your life. The goal is to make you "whole" again, at least from a financial standpoint.

In Texas, damages are typically divided into two main categories: economic and non-economic.

Economic Damages are the tangible, out-of-pocket financial losses you have incurred. These are often easier to calculate because they come with receipts and clear documentation.

• Medical Expenses: This includes everything from the initial ambulance ride and emergency room visit to hospital stays, surgeries, physical therapy, prescription medications, and any future medical care you may need.
• Lost Wages: If your injuries prevent you from working, you can seek compensation for the income you have lost.
• Loss of Earning Capacity: If your injuries are permanent and affect your ability to earn a living in the future, you may be compensated for this long-term financial impact.
• Property Damage: This can cover the cost of any personal items that were damaged in the accident, such as a phone, laptop, or clothing.

Non-Economic Damages are intended to compensate you for the intangible, personal losses that don't have a specific price tag but are just as real and damaging.

• Pain and Suffering: This compensates for the physical pain and emotional distress caused by the accident and your injuries.
• Mental Anguish: This covers conditions like anxiety, depression, fear, or post-traumatic stress disorder (PTSD) that can develop after such a traumatic event.
• Physical Impairment or Disfigurement: If you have suffered scarring, loss of a limb, or a permanent disability, this type of compensation addresses the impact on your quality of life.

In the tragic event that a loved one passes away after being hit by a vehicle, their eligible family members may be able to file a wrongful death lawsuit to seek compensation for their own losses, such as loss of companionship, financial support, and funeral expenses. Pursuing these damages is a critical step in securing the resources you and your family need after an accident.

How Texas Laws Affect Your Case When You Sue Someone for Running You Over

In Texas, a few key rules can significantly influence the outcome of a lawsuit filed after being run over by a car.

First, Texas follows a legal doctrine known as "proportionate responsibility," or modified comparative fault. Under this standard, you can still recover damages even if you were partially at fault for the accident, as long as your percentage of fault is 50% or less. 

For example, if you were found to be 10% at fault for crossing the street outside of a crosswalk, your total compensation award would be reduced by 10%. However, if you are found to be 51% or more at fault, you are barred from recovering any compensation at all. This rule makes it critical to clearly establish the driver's primary fault in the accident.

Second, you have a limited window of time to act. This deadline is called the statute of limitations. Texas generally gives you two years from the date of the injury to file a personal injury lawsuit. If you miss this deadline, the court will almost certainly dismiss your case, and you will lose your right to sue the person who ran you over. This is why it is so important to act promptly and not delay in seeking legal guidance.

Understanding these state-specific laws is crucial, as they form the legal framework within which your entire case will be built and argued.

What if the Driver Was Breaking the Law? DWI and Other Violations

When the driver who hit you was also committing a crime, such as driving while intoxicated (DWI), texting while driving, or excessively speeding, it adds another layer to your case. The driver will face criminal charges brought by the state, potentially prosecuted by the Taylor County District Attorney's office. While the criminal case is separate from your civil lawsuit, it can have a powerful and positive impact on your claim.

A criminal conviction can serve as strong evidence in your civil case. Under a legal principle called "negligence per se," if a person violates a safety law (like DWI laws) and that violation causes the type of harm the law was designed to prevent, they can be automatically considered negligent.

This means you may not have to prove the four standard elements of negligence. Instead, you can use the driver's traffic citation or criminal conviction as proof that they breached their duty of care. Evidence gathered for the criminal case by agencies like the Taylor County Sheriff's office—such as breathalyzer results, officer testimony, and dashcam footage—can be invaluable for proving your civil claim and showing a jury the true extent of the driver's recklessness.

This connection between criminal violations and civil liability underscores how a driver's unlawful actions can directly strengthen your ability to hold them accountable.

The Role of an Attorney in Your Pedestrian Accident Claim

Trying to sue someone for running you over while also recovering from serious injuries is an immense challenge. This is where a personal injury attorney can carry the burden for you. Their job is to manage every aspect of your legal claim so you can focus on healing. An attorney acts as your advocate, investigator, and negotiator, fighting to protect your rights at every turn.

A dedicated legal team will handle the complex tasks required to build a strong case on your behalf.

• Conducting a Thorough Investigation: They will go beyond the initial police report, gathering evidence like photos and videos from the scene, tracking down and interviewing witnesses, and obtaining cellphone records if distracted driving is suspected.
• Gathering and Organizing Evidence: Your attorney will collect all of your medical records and bills, get documentation of your lost wages from your employer, and compile all the necessary paperwork to prove the full extent of your damages.
• Working with Professionals: In complex cases, a lawyer may consult with accident reconstructionists to prove how the accident happened or with medical and economic professionals to demonstrate the long-term impact of your injuries on your life and finances.
• Handling All Communications: They will manage all communication with the at-fault driver's insurance company, protecting you from adjusters' tactics and handling the complex negotiation process.
• Representing You in Court: While most personal injury cases are settled out of court, if the insurance company refuses to offer a fair settlement, a prepared attorney will be ready to file a lawsuit and advocate for you in a courtroom, like the Taylor County Courthouse.

If you’re wondering when to hire a personal injury lawyer, the answer is as soon as possible, before evidence disappears and insurance companies begin building their defense. Early legal representation can make all the difference in securing the compensation you deserve. Having a professional on your side ensures that every detail is managed correctly and that you are in the strongest possible position to receive the compensation you deserve.

FAQs: Can You Sue Someone for Running You Over?

Here are answers to some common questions that arise after a pedestrian has been hit by a car.

Contact the Law Offices of David M. White Today

Being hit by a car is a traumatic experience that can change your life in an instant. At the Law Offices of David M. White, our personal injury lawyers are committed to helping people in Abilene and San Angelo stand up for their rights and pursue the accountability they deserve. We understand the stress and uncertainty you are facing, and our team is here to carry the legal burden for you.

We will listen to your story, answer your questions, and provide clear guidance on your options. If you or a loved one has been injured, don't wait to get the help you need. Contact us today at (325) 437-3311 or through our online form for a free, no-obligation consultation to discuss your case.

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