According to KLTV a man was seriously injured when he was struck by a vehicle while putting air into his tires in Tyler Texas. The accident occurred Wednesday December 28 when a woman told police she thought her vehicle was in reverse when it was actually in drive. The vehicle drove onto a sidewalk near the air tank and struck the unidentified mans leg.
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Commentary
Personal injury lawyers encounter this type of situation all the time. Judging by the news feed and the womans admission this was nothing more than an honest mistake. However does this mistake mean the man should be forced to pay his own medical bills lost wages and pain and suffering? The answer is no and the remedy is a personal injury claim with the womans insurance provider.
To be successful the plaintiff would be tasked with proving another party owed him a duty of care prior to the accident and that their actions breached this duty. The plaintiff would then need to provide an accurate representation of the damages incurred from the accident which is actually more difficult than it sounds. The cost of a cast or surgery is one thing but the difficulty really lies in assessing the cost of rehabilitation loss wages or degree of deficiency after the accident.
Tyler Personal Injury Attorney Michael Grossman
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