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- After an accident, a Texas pedestrian accident lawyer can help you determine what caused your crash, who might be responsible, and the extent of your losses.
- Negligent drivers and motorists are legally responsible to pay a pedestrian accident victim for the losses associated with the accident.
- The modified comparative negligence standard in Texas allows you to seek compensation for a pedestrian accident as long as you were not 50% or more at fault.
- Injured pedestrians can seek out both economic and non-economic damages after a crash.
Despite advances in technology and numerous educational safety campaigns, U.S. pedestrian deaths remain at a 40-year high.
Here in Texas, a pedestrian accident can happen for a number of reasons. The losses from such accidents are often devastating to pedestrian accident victims and their loved ones. If you were seriously injured or if you lost a loved one to a pedestrian accident, then no amount of money can help you in your grief. However, compensation from a successful pedestrian accident lawsuit can help you cope with the unexpected expenses associated with the medical expenses, burial costs, emotional distress, and loss of support.
Here at DFW Injury Lawyers, our Texas pedestrian accident lawyers are here to help you determine your legal options based on your specific situation.
Do I Need a Texas Pedestrian Accident Lawyer?
After an accident with significant losses or a fatality, you’re likely to be very overwhelmed. You could be dealing with losses in the form of medical bills, an inability to work, a loss of financial support from a lost loved one, or funeral and associated expenses. If you are faced with such a scenario, you should consult with an accident attorney who understands what you are going through and can empower you to make the best legal decisions moving forward.
A Texas pedestrian accident lawyer can help you understand whether filing a pedestrian accident lawsuit is in your best interest and if so, help you collect relevant evidence and file the right paperwork on time. Your pedestrian injury attorney will thoroughly investigate your case and identify all the factors that may have contributed to the accident. A Texas pedestrian accident lawyer will compile the relevant factual arguments to build a strong case on your behalf to get the compensation you deserve.
Finding a personal injury lawyer in your local area is important because they will know the local laws and rules relevant to your case. It’s also crucial to find an attorney who specifically deals with pedestrian accidents. If you choose to go to trial, you should have a pedestrian accident lawyer by your side with trial experience and a history of successfully handling similar lawsuits.
How Common Are Pedestrian Accidents in Texas?
One in five traffic fatalities in Texas involves a pedestrian.
Pedestrians are some of the most vulnerable users of roadways because they lack protective equipment and are simply no match against a fast-moving vehicle. They are also usually less visible on the road even when they’re walking in marked crosswalks, especially during bad weather or at night.
Given how common pedestrian accidents are, the Texas Department of Transportation has developed a pedestrian safety campaign to help educate citizens and highlight the importance of staying vigilant.
Common Causes of Pedestrian Accidents
According to the Centers for Disease Control and Prevention, the most common causes of pedestrian accidents in Texas are:
- Driving under the influence: Alcohol is a factor in almost half of all pedestrian fatalities. A 2020 estimate showed that 31% of pedestrians and 16% of drivers involved in fatal pedestrian accidents had blood-alcohol content above the legal limit.
- Speeding: Fast-moving vehicles are more likely to strike pedestrians, especially when they’re exceeding the marked limit. Driving within the permissible speed limit ensures that a driver has enough time to stop when they see a marked crosswalk, an intersection, a stop sign, or another type of traffic signal, which is not the case with a speeding driver.
- Distracted driving: Distracted driving encompasses any type of behavior that causes the driver to take their eyes off the road temporarily. This includes texting, eating, talking on the phone, checking GPS, using a streaming service, adjusting the radio, and other actions.
- Hazardous road conditions: Another common cause of pedestrian accidents is hazardous road conditions due to poor infrastructure, degrading crosswalk markers, or adverse weather conditions.
- Failure to give the right-of-way: Many pedestrian accidents happen when cars fail to stop when pedestrians are walking across the street and have the right of way.
- Higher risk to vulnerable groups: Some people are more vulnerable to suffering extreme consequences as a result of a pedestrian accident. Most notably, older pedestrians over the age of 65 and immigrants who are unaccustomed to a state’s safety culture are more likely to sustain fatal injuries in these types of accidents.
- Pedestrian’s failure to cross a road or follow traffic rules: Unfortunately, some pedestrian accidents happen when the pedestrian doesn’t follow traffic rules, like when they are jaywalking.
Understanding what caused your pedestrian accident is paramount to your pedestrian injury claim because pedestrian accident liability law in Texas is based on the concept of negligence. Negligence occurs when someone deviating from acting under their legal duty of care causes harm to another person. In Texas, every person on the road assumes a legal duty to provide for the care and safety of everyone else, including pedestrians. When they engage in risky behavior or make an error, they can be held legally liable for negligence and financially responsible for the losses associated with an accident.
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Types of Pedestrian Accident Injuries in Texas
Considering that cars are much bigger and faster, a collision of a car with a pedestrian can lead to very serious injuries. Here are some of the most commonly reported injuries associated with pedestrian-related accidents:
- Traumatic Brain Injuries (TBI): A traumatic brain injury happens when the brain is slammed into the skull, or the skull and brain are pierced by an outside object. In both of these situations, the damage can result in significant consequences like a loss of consciousness, impaired ability to speak, memory loss, paralysis, and more.
- Spinal Cord Injuries: If your spinal cord gets injured in an accident, you could suffer long-term symptoms like a loss of bladder control, chronic pain, a loss of sensory function, or even a loss of motor control.
- Paralysis: Paralysis happens when a part of your body is injured to the point where you cannot move it on your own. This type of serious injury can be short-lived or long-term.
- Loss of Limbs, broken bones, and lacerations: Very serious accidents can result in the loss of limbs, fractured bones, or severe cuts. Many of these types of injuries can lead to permanent disfigurement and scarring, and may also impact a person’s ability to work.
- Wrongful Death: This happens when someone suffers a fatal pedestrian accident injury as a result of someone else’s negligence, recklessness, or carelessness.
If you experience a serious injury from a pedestrian accident, then you might want to discuss your accident case with a lawyer who has expertise in handling similar cases. For example, a traumatic brain injury lawyer can help you recover damages that might not be obvious to someone who has never dealt with a TBI before. Our pedestrian accident injury lawyers at DFW Injury Lawyers have decades of experience handling similar lawsuits and can handle your accident case with the sensitivity and perseverance required to fight for your rights.
What to Do After a Hit and Run
A hit-and-run accident is devastating and scary, especially if you were a pedestrian when the accident occurred. Whether you witnessed this type of serious incident or you were the victim of it, you need to know what to do to protect yourself:
Call the Police
First, if you are able to, you should contact the police to let them know what happened. If your situation is an emergency, then do not hesitate to call 911. Emergency responders will not only provide you with any immediate medical assistance that you need, but will also help clear away the roadway to ensure it is safe. A local police officer will prepare an official report to document what happened and collect any evidence they discover at the scene.
Seek Medical Help
Next, immediately seek medical help for your injuries, whether or not visible. You should always get a checkup even if you’re not sure if you’re hurt. Your doctor can help inform you about internal injuries and concussions and the symptoms to watch out for. Make sure to keep copies of any medical bills and diagnostic reports that you receive.
Gather Evidence at the Scene if Possible
If possible, then you should record as much information as possible about the accident site. You can start this process even before the police arrive by asking nearby witnesses to stay and give the police a statement. You can take photographs of the accident scene before anyone moves out of the roadway. You can also check for any nearby surveillance cameras or request dash cam footage of nearby cars.
Cooperate With the Police
As the police investigate what happened, always do your best to cooperate with them. Give them your contact information and help them file a report. Doing so will provide you with invaluable evidence to prove how the pedestrian accident happened and led to the extent of your losses.
Contact a Texas Pedestrian Accident Lawyer
If your losses are adding up, then your next move should be to contact a pedestrian accident lawyer who can help you make an informed decision on whether seeking out a pedestrian injury claim is in your best interests.
Texas Pedestrian Accident: Who May Be Liable?
Sometimes, multiple parties may be responsible for a pedestrian accident. These parties could include the driver and/or passenger, the pedestrian, a car manufacturer, or the driver’s employer if they were driving for work. A Texas pedestrian accident lawyer can help you determine what might have caused your crash and who might be held liable in an accident lawsuit.
What Evidence Does a Texas Pedestrian Accident Lawyer Need?
The type of evidence needed in a Texas pedestrian accident case will depend on the particulars of the case. Relevant evidence may be in the form of witness testimonies, photos of the accident site, surveillance footage, or medical testimony. For example, if the driver claims you ran into the road outside of the designated crosswalk and a local store has a nearby security camera that shows otherwise, that could prove invaluable to your case. Other examples of visual evidence include skidmark evidence from tires, damage to the vehicle, and even the location of your injuries.
Note that personal injury cases such as pedestrian accidents are often time-sensitive, as some evidence can become unavailable over time. This is why it is important to consult a pedestrian accident lawyer as soon as you are ready.
Texas Pedestrian Accident Lawyer: Compensation Awarded in Lawsuits
When you file a pedestrian accident lawsuit, your lawyer will include a list of reliefs sought – this may include economic and/or non-economic damages, depending on your case.
Economic damages are losses that are easier to calculate and prove, such as past and future medical bills, psychiatric treatment fees, lost wages, or funeral costs. On the other hand, non-economic damages are less obvious and harder to value as these include things like pain and suffering or emotional distress. You need a skilled pedestrian accident lawyer who understands the nature and extent of damages arising from pedestrian accidents, and will work hard to ensure you get paid fairly for your losses.
Pedestrian Accident Lawyer Near Me
If you’re looking for a pedestrian accident lawyer in North Texas, we can help. Our principal office is located at 1341 W. Mockingbird Lane, Ste. 580W, Dallas – 75247 (near Mockingbird Lane/Stemmons Freeway in Dallas). If you’re in Fort Worth, our office is located at 4200 South Fwy, Ste. 2335, Fort Worth – 76116 (the offices at La Gran Plaza de Fort Worth).
However, you can call us anytime at 972-440-2320 or submit an online form at www.dfwinjurylawyers.com to schedule a free legal consultation. We can also come to you.
Texas Pedestrian Accident Lawyer: FAQs
Can Both Parties Be At Fault in an Accident?
Yes. It is possible for both parties to be considered partially at fault for a pedestrian accident. Under the modified comparative negligence standard in Texas, an injured party can seek out damages as long as they are less than 50% at fault for the accident.
How Long Does it Take to Settle a Pedestrian Accident?
The time it takes to settle your case depends on the strength of your claim, the amount of evidence you have to prove your statements, and the other party’s willingness to negotiate. Hiring a Texas pedestrian accident lawyer speeds up the process by ensuring your case is strong from the outset and a settlement is more likely.
I was Hit by a Car While Jaywalking in Texas. Can I Still File a Pedestrian Accident Claim?
It depends. Your best option is to consult with a pedestrian accident lawyer in more detail to explain what happened. Since jaywalking would be considered negligence, you’ll only be able to file a lawsuit if the other party was more than 50% at fault for the accident, too.
My Loved One was Killed in a Pedestrian Accident Involving a Car. Can I File a Lawsuit for My Mental Anguish?
It is possible. In a bystander liability lawsuit, a person who witnessed their close relative’s death at the site of the accident can file a claim for the trauma caused by the event. You may want to note down physical manifestations of your trauma, such as a miscarriage or chronic pain, so your lawyer can help you determine whether you have a good chance of success in your bystander liability claim.
Even if you were not at the scene of the accident, close surviving loved ones may be able to file a wrongful death lawsuit which if successful can help them recover compensation for losses such as loss of consortium. Loss of consortium covers the loss of companionship and relationship benefits that the loved one would have provided had they lived.
Can a Pedestrian Hit and Injured by a Car Sue for Emotional Distress from PTSD?
Emotional distress from PTSD is considered a non-economic damage that may be recoverable through a personal injury claim. To properly value this type of loss, it is best to consult with an experienced pedestrian accident lawyer.
I am a Pedestrian Who Was Involved in a Hit-and-Run. Can I Recover Compensation from my Own Insurer?
If the at-fault driver’s insurance doesn’t cover your losses, then your medical insurance policies should at least cover your medical costs. However, insurance claim recovery may be tricky, so it is a good idea to speak to an attorney who can help review your case and negotiate with the other side’s insurers before you give up on pursuing compensation from them.
What is a Contingency Fee Agreement?
Under a contingency fee agreement, your lawyer would not ask you for money upfront. They’ll help file your pedestrian accident lawsuit and seek compensation from the negligent party. It is only after you receive your settlement check or verdict that you will be required to provide an agreed-upon percentage to your lawyer. In other words, your lawyer only gets paid when you do.
Our pedestrian accident attorneys at DFW Injury Lawyers operate on a contingency fee agreement, and have the resources and experience to see your case through a trial.
Hurt in a Pedestrian Accident? Get a Free Consultation With a Texas Pedestrian Accident Lawyer
Were you recently hurt in a pedestrian accident in Texas? Was a loved one fatally injured in a pedestrian crash? If so, then it might be in your best interests to consult with a Texas pedestrian accident lawyer. The right lawyer will help you analyze the circumstances of your accident and determine the degree of fault of each party.
If someone else’s recklessness or carelessness led to the accident, then Texas law may require them to pay for the financial losses that resulted from the incident. If your loved one lost their life in the crash, then the responsible party might be on the hook for additional damages such as your pain and suffering.
Are you ready to get started on your potential pedestrian accident claim? Schedule a meeting with our attorneys here at DFW Injury Lawyers now to learn more.