A vehicle doesn’t have to travel far to cause a devastating injury. Outside restaurants, hospitals, and shopping centers, pedestrians depend on property layouts and physical barriers to keep vehicles out of their path.
After a crash on commercial property, the driver might not be the only party whose decisions matter. A careful claim can also examine whether the premises included reasonable protections for the people invited to walk there.
Our video highlights why a simple barrier can become an important fact in a premises injury case.
Why a Barrier Can Decide a Case
Bollards are posts placed to stop vehicles from entering spaces intended for pedestrians. The video describes them as something originally used to “stop things that had wheels.” What matters in an injury claim isn’t the history of the barrier—it’s whether a business knew people would be walking near traffic and failed to consider protections that could separate those spaces.
Entrances, storefronts, parking areas, and drive-through lanes can bring vehicles and pedestrians into close proximity. When a driver loses control, a barrier may be the only physical measure standing between a moving vehicle and someone on foot.
When the Driver Isn’t the Whole Story
A driver may carry limited insurance coverage, even when the injuries are serious. That can make it important to look beyond the collision itself and consider whether the property owner had responsibilities of its own. As the video notes, some attorneys “don’t know about that aspect of the law,” leaving injured people without a full examination of the circumstances surrounding the crash.
Whether a premises claim applies depends on the facts of the property, the location of the injury, and the protections that may have been appropriate there. We assess whether a commercial property’s layout exposed visitors to a foreseeable vehicle risk and whether missing barriers played a role in what happened. When injuries stem from the absence of “basic protections,” the questions extend well beyond how the driver lost control.
Preparing Complex Premises Cases for Trial
Premises cases involve more than a collision report. They may require a clear account of how the property was used, why pedestrians were placed near vehicle traffic, and what the owner knew about the risk. We bring nearly 25 years of trial experience to serious injury claims throughout Austin and Central Texas, preparing each case with advanced trial science and technology—including cases where the condition of a commercial property deserves close scrutiny.
If a vehicle injured you or someone close to you on another person’s property, Howry Breen & Herman, LLP can talk through the circumstances with you. Reach our team at (512) 430-4844.