Pedestrians have a high risk of severe injuries and trauma when involved in collisions with automobiles. If you or a loved one were injured due to the negligent actions of another, an Arlington pedestrian accident lawyer could help you seek the compensation you need to move forward.
Seek help from a knowledgeable Arlington personal injury lawyer at The Texas Law Dog to learn about your legal options and rights.
Explaining the Standard Duty of Care Owed to Pedestrians
Pedestrians have little to no physical protection, which means accidents involving motor vehicles often result in severe or fatal injuries. In addition to physical and emotional trauma, victims frequently face financial hardship from medical expenses and time away from work. Fortunately, pedestrians injured by reckless or negligent drivers may be entitled to compensation.
To achieve compensation, we must understand the standard duty of care. Motorists are responsible for acting carefully, driving their cars safely, and obeying traffic laws to avoid accidents. When a driver’s reckless or negligent actions cause an incident, they can be held liable in a civil lawsuit.
Pedestrian collisions can happen in many ways. A driver may speed, fail to yield at a crosswalk, ignore traffic signals, back out of a parking space without looking, or fail to stop for a school bus. Regardless of the reason, if a qualified Arlington car accident lawyer could prove that a reasonable driver would not have acted in the same manner, the hurt pedestrian may be able to recover compensation.
Shared Responsibility in Pedestrian Accidents
Not every accident between a car and a pedestrian is the driver’s fault. If the injured individual was jaywalking, crossing the road without following the traffic lights, or failing to pay attention to their surroundings, they may share some of the responsibility for their injuries.
The State of Texas follows the rule of modified comparative fault when assessing liability in personal injury cases. According to Texas Civil Practice §33.001, an injured claimant may be eligible to recover compensation for their injuries as long as they were no more than 51% at fault for the incident.
Those who were found to be less than 51% responsible for their injuries will have the compensation award reduced by their percentage of fault. A seasoned lawyer could help establish liability and refute a comparative fault defense in an injury case where someone walking was struck by a vehicle.
Arlington Pedestrian Accident Lawyer Near Me (817) 775-5364
Common Serious Injuries in Pedestrian Accidents
A pedestrian accident may cause severe and even catastrophic injuries to victims that can have lasting effects. That happens as a result of the lack of any protection around the individual. A fast-moving, distracted driver, for example, could cause consequences such as:
- Head injuries: Traumatic brain injuries, concussions, and skull fractures
- Back injuries: Spinal cord and spinal column damage, nerve damage, including paralysis
- Complex fractures: Crushing accidents, broken bones, and amputations
- Burns and road rash: Often increasing the risk for infection, disfigurement, and amputations
- Emotional trauma: Onset of depression, post-traumatic stress disorder, and severe anxiety
Serious injuries like these require ongoing medical care and support for many victims. They change the scope of a person’s life, often impacting families, relationships, the ability to work, and the ability to care for oneself. With the guidance of an experienced lawyer, you gain the support necessary to determine what fair compensation is in these situations.
Damages in an Injured Pedestrian Case
Pedestrians who were injured due to a driver’s negligence may be able to seek damages for their losses and expenses related to the incident. A diligent Arlington pedestrian accident attorney could help an injured claimant recover compensation for economic or non-economic damages. Here are some examples of those damages:
Economic Damages
Economic damages refer to a quantifiable financial loss that an individual suffers. For example, an individual could recover compensation for economic damages such as medical expenses, loss of income, cost of rehabilitation, and even property damage.
Non-Economic Damages
Non-economic damages are meant to compensate an individual for their non-monetary losses, such as physical impairment, pain and suffering, mental anguish, loss of enjoyment of life, and or loss of companionship.
Punitive Damages
In some cases, an injured person may be eligible to recover compensation for punitive damages or exemplary damages. These types of damages are usually only awarded in cases where a driver acted with malice, gross negligence, or wanton recklessness.
What to Do If a Pedestrian Accident Results in a Wrongful Death
The reality is that many people suffer the ultimate loss when a driver is not paying attention to the road and strikes a person crossing the street. In these situations, families are left to try to navigate a very different and difficult future. While compensation cannot bring them back, it can put you at ease for some of the financial burden you are now facing as a result of the accident.
In these situations, we encourage close family members, such as spouses, children, or parents, to contact our office for a comprehensive wrongful death consultation. Let us review the details of your case and discuss with you what your legal strategies may be to get justice for your family member. Our Arlington wrongful death lawyer will help you in several very important ways:
- Determine all parties responsible, including any company or the city that could hold some level of fault in this accident.
- Examine all evidence available through a full investigation to build a strong case for compensation.
- Diligently investigate the losses your family and your loved ones will now incur, including loss of financial, companionship, and emotional support.
- Maximize the claim based on what your loved one could have recovered if they survived.
- Negotiate on your behalf to receive fair compensation to make sure your family is not further taken advantage of during this very difficult time.
- Go to trial to ensure your loved one gets justice, including supporting you in fighting for truly fair compensation for your loved one.
- Stay by your side during this challenging time to ensure your rights remain protected, allowing you to heal from these injuries.
Put Your Trust in The Texas Law Dog After Your Pedestrian Accident
Pedestrian accident victims deserve strong legal representation. When you work with our team, you benefit from:
- Proven results: Our attorneys have recovered millions of dollars for injury victims across Arlington and surrounding communities.
- Dedicated representation: When you work with our lawyers, you get an aggressive advocate who also understands the personal challenges you’re facing.
Strategic advocacy: Even if fault is disputed, we fight to protect your rights and pursue the maximum compensation allowed under Texas law.
Speak to an Arlington Pedestrian Accident Attorney
People who were injured in pedestrian accidents may sustain physical and emotional injuries that could affect their lives for years to come. Individuals may also suffer significant financial burdens due to the incident and their injuries. Let a skilled attorney fight to protect your rights.
Seek help from an Arlington pedestrian accident lawyer to learn about how you may be eligible to seek compensation from the party responsible for your injuries. Call us today to get started.
