Dallas Pedestrian Accident Lawyer
Table of Contents
- Causes of Pedestrian Accidents in Dallas, TX
- Common Injuries in Pedestrian Accidents
- How Can a Pedestrian Seek Compensation for Injuries in Texas?
- Who Is Liable for Pedestrian Accidents in Texas?
- How to Prove Negligence in a Pedestrian Accident Case in Texas
- Can a Pedestrian Seek Compensation If They Were Jaywalking?
- How Much Is Your Pedestrian Accident Case Worth?
- What Compensation Can You Get After a Pedestrian Accident?
- Why You Need a Dallas Pedestrian Accident Lawyer
Like many other cities in Texas, Dallas sees a large number of pedestrian accidents per year. Working people in Dallas are divided into two broad categories: those who travel to work by foot and those who drive themselves to work.
Unfortunately, drivers often fail to look out for pedestrians crossing roadways in Dallas, while pedestrians do not always take all the necessary precautions to avoid being hit by motor vehicles.
When a pedestrian accident is the result of another party’s negligent or reckless conduct, the injured party is entitled to financial compensation. Our attorneys at The Patel Firm are committed to helping you seek the compensation you deserve if you have been injured in a pedestrian accident in Dallas.
Motorists are legally required to obey traffic laws and exercise caution to avoid hitting people crossing the street. Unfortunately, failure to obey traffic laws often leads to preventable pedestrian accidents in Dallas and other parts of Texas.
While most pedestrian accidents are caused by driver error, pedestrians can also be partially or fully at fault for their injuries (e.g., a pedestrian crossing against a traffic signal or running into the flow of traffic out of nowhere).
Some of the examples of negligent behaviors that cause and contribute to pedestrian accidents in Texas include:
- Failure to yield the right of way
- Drunk driving
- Distracted driving
- Running red lights
- Backing up out of a parking space or driveway without checking the mirrors
- Crossing in unmarked crosswalks
- Crossing against a traffic signal
- Making left-hand or right-hand turns without checking for pedestrians
- Performing a “rolling stop”
- Defective traffic lights
- Improperly installed traffic lights
- Failure to slow down before crosswalks or in school zones
In most pedestrian accident cases, fault is not immediately clear without a comprehensive investigation. That is why you need a Dallas pedestrian accident lawyer to review your particular situation to determine what caused the accident and who can be held liable for your injuries.
Our attorneys at The Patel Firm represent pedestrians and motorists injured in motor vehicle accidents, so do not hesitate to speak with our lawyers to learn more about your rights and options.
Each year, there are nearly 6,000 pedestrian accidents across Texas, resulting in more than 650 fatalities. Thousands of others sustain serious and devastating injuries because pedestrians are not protected by the shell of a vehicle, nor do they wear helmets or seatbelts to minimize the severity of injuries.
Some of the most common types of injuries suffered by victims of pedestrian accidents include:
- Spinal cord injuries – These devastating injuries can result in incomplete or complete paralysis due to the spinal cord’s inability to transmit signals to the brain.
- Traumatic brain injuries – These injuries can have long-lasting effects. Symptoms of head trauma may not be immediately apparent right after the accident, which is why you need to seek medical attention even if you have no symptoms.
- Pelvic injuries – One of the most common injuries suffered by pedestrians who get struck by vehicles is pelvic injuries and fractures.
- Internal injuries – Pedestrians may suffer rib fractures, internal bleeding, internal organ damage, and many other injuries that may not be visible to the naked eye.
- Broken bones – The force of impact in a pedestrian accident can cause broken bones and fractures.
- Death – In the worst-case scenario, a pedestrian may not survive an accident with a moving vehicle, especially in a high-speed collision.
Unlike occupants of a motor vehicle, pedestrians are not protected by seatbelts, airbags, and walls of steel. That is why pedestrians are more likely to suffer life-threatening injuries than occupants of passenger cars, trucks, buses, or other vehicles.
If you are a pedestrian who was hit by a motor vehicle in Texas, you need to understand state laws in order to know what compensation is available in your particular case. Texas has the fault system, which means an at-fault party is liable for injured parties’ damages and losses if there is evidence that the at-fault party’s actions caused the other party’s injuries.
Texas law requires all motorists to carry auto insurance in order to be able to pay for injuries and damages they cause. Injured pedestrians have the right to seek compensation for injuries through the at-fault driver’s insurer.
However, it is advisable to seek the legal counsel of a knowledgeable lawyer to help you file an insurance claim and make sure that you are fairly compensated for all your losses.
Texas is a modified comparative negligence state, which means your damages will be reduced if you contribute to your injuries (Texas Civil Practice & Remedies Code § 33.001). If you are partially at fault, your damages will be reduced in proportion to your degree of fault. For example, if your damages total $10,000 and you are deemed 30% at fault for your injury, you will be eligible to recover $7,000 in compensation.
Depending on the circumstances of your case, there may be multiple liable parties in your pedestrian accident. In most cases, the following parties may be held liable for pedestrian accidents in Texas:
- Drivers of passenger vehicles, buses, trucks, or other motor vehicles who fail to obey traffic laws
- Government entities such as the city, county, municipality, or state if a pedestrian accident is caused by inadequate road maintenance or improper design or installation of traffic signals
- Property and business owners if an accident is the result of negligent maintenance or design of the public or private property
At The Patel Firm, our Dallas pedestrian accident lawyers have decades of experience representing clients in all kinds of motor vehicle crashes, including pedestrian accidents. We are committed to helping victims of pedestrian accidents receive the compensation to which they are entitled. If you or your loved one has been injured in a pedestrian accident, contact our lawyers to discuss liability in your particular case.
You need to know how to prove negligence to maximize your chances of success after a pedestrian accident in Texas. Most pedestrian accident cases are based on negligence or recklessness. In Texas, you need to prove the following four elements if you have been involved in a pedestrian accident:
- Duty of care – First and foremost, you need to prove that the other party (e.g., the driver who hit you when you were crossing the roadway) owed you a duty of care. Under Texas law, all motorists must exercise due care when operating a motor vehicle, use caution (slow down) when approaching crosswalks, and stay vigilant at all times.
- Breach of care – The second element is to prove that the defendant breached the duty of care. This element can be established by proving that another reasonably prudent driver would not have behaved the same way under similar circumstances.
- Causation – The third element is to prove the link between the at-fault party and your injury. In other words, if you would not have sustained your injury had the defendant behaved reasonably and obeyed traffic laws, you can prove causation in your pedestrian accident case.
- Damages – Finally, you need to prove that you suffered financial losses and damages as a result of the defendant’s negligent conduct. To do so, you must show proof of medical bills, lost wages, and other expenses and losses stemming from your pedestrian accident.
In most cases, proving that the defendant breached a duty of care is the most complicated part of obtaining compensation following a pedestrian accident in Texas. Common examples of breaches in pedestrian accident cases include:
- Failure to slow down before a crosswalk
- Failure to yield the right of way to pedestrians
- Running red lights and stop signs
You need a knowledgeable attorney to help you determine liability and prove the other party’s negligence in your pedestrian accident case.
Jaywalking, which is also known as crossing the roadway without a crosswalk, is not uncommon in Dallas and other parts of Texas. While jaywalking is dangerous and could result in a pedestrian accident, Texas law does not make jaywalking illegal.
Under Texas Transportation Code § 552.005, pedestrians must yield the right of way to oncoming vehicles when crossing at any place other than a crosswalk. However, you cannot cross the street at any place other than a crosswalk if doing so will interrupt the flow of traffic.
Thus, just because a pedestrian was jaywalking at the time of the accident does not necessarily mean that the pedestrian is at fault for the accident. The driver could still be held partially or fully at fault if they could have reasonably avoided the accident.
Keep in mind that Texas is a comparative negligence state, which means your damages will be reduced according to your degree of fault.
You need a skilled pedestrian accident lawyer to investigate your situation and determine what amount of money would be enough to adequately compensate you for your losses and damages. A lawyer cannot estimate the value of your claim without considering all of the following factors:
- The severity of your injuries
- Whether or not you have a disability as a result of the pedestrian accident
- The duration of your medical treatment
- Whether or not you are expected to fully recover
- The availability of evidence to prove the other party’s fault
- The insurance company’s willingness to settle for a fair amount
- Whether or not your own negligence contributed to the accident
- The number of days you missed at work
- The insurance coverage limits
These and many other factors affect how much your claim is worth. You need a Dallas pedestrian accident lawyer to accurately determine the value of your claim and make sure that you know what compensation is available in your particular case.
If another party is responsible for your pedestrian accident, they can be held liable for your economic and non-economic damages. Depending on the circumstances of your case, you could be entitled to compensation such as:
- Medical expenses
- Lost wages
- Property damage
- Emotional distress
- Pain and suffering
- Mental anguish
- Loss of enjoyment of life
These and many other damages may be available in your pedestrian accident case. Contact our Dallas pedestrian accident lawyer at The Patel Firm to evaluate your particular case and identify all types of damages that may be available in your case.
At The Patel Firm, our results-driven and experienced attorneys are dedicated to helping clients secure large settlements and verdicts to compensate them for their damages and losses. Here are reasons to hire our pedestrian accident lawyer in Dallas:
- We will address all of your legal needs. – When you hire our attorneys at The Patel Firm, you can be certain that your case is in the right hands. We will investigate the facts of your case, negotiate with insurance companies, prepare paperwork, gather evidence, and handle other legal aspects of your claim.
- We will evaluate your case. – Our goal is to help you receive the maximum compensation you deserve. That is why you need a lawyer to assess all the facts of your case, determine the extent of your damages and losses, and ensure that you receive every penny to which you are entitled.
- We will fight for fair compensation on your behalf. – We dedicate all our resources, time, and effort to your case to make sure that you are fairly compensated for all your losses and damages. You can count on our extensive experience and impeccable negotiation skills while you focus on your recovery.
Our enviable track record of success speaks for itself. We have a reputation as a law firm that is willing to take complex cases and stand up for our clients’ rights. Let’s discuss your particular case with our pedestrian accident lawyers at The Patel Firm to learn about your rights and legal options. Call 361-400-2036 for a case evaluation.