When vehicle and pedestrian collide, the results are often catastrophic for the pedestrian. The human body was not made to withstand the impact of thousands of pounds of machinery. Sadly, due to inattentive drivers and other reasons, accidents involving pedestrians and vehicles are commonplace.
Most accidents involve negligence of some kind. Perhaps a driver was texting and so did not see the person crossing the street. Maybe a driver on the highway was changing a tire at night and did not set out hazard signs, making him invisible to other drivers. Perhaps a crosswalk was poorly designed, or a traffic light malfunctioned.
Pedestrians who suffer injuries from vehicles could seek money damages from other parties whose negligence contributed to the accident. There may be more than one negligent party, so gathering all the available evidence to identify potentially responsible parties is a critical first step in getting compensation. If you have been injured in a pedestrian accident, consulting with a personal injury lawyer right away could help you develop a case that will lead to appropriate compensation.
Pedestrian Accidents Can Lead to Significant Damage Awards
The intent of money damages is to compensate victims for losses they incur due to someone else’s negligence. Money to pay for tangible losses is called economic damages. Money to compensate for losses that do not have a set price is called non-economic damages.
Accident victims might underestimate the economic impact an injury had on their household. An experienced injury attorney could analyze how their lives have changed since the accident to create a reasonable demand for economic damages. Such a demand might include compensation for:
- Medical expenses, including copayments, prescription and non-prescription drugs, unreimbursed items, increases in premiums as a result of the accident
- Lost wages of the victim and their caregivers, the value of paid time off used because of the accident, lost future earnings of the victim and the caregiver, if applicable
- All costs associated with rehabilitation, including services such as physical therapy, speech therapy, occupational therapy, home health aides, and caregiver respite services
- Mental health treatment for any conditions caused or exacerbated by the accident
- Expenses related to adapting a home and vehicle to the victim’s needs
What Non-Economic Damages May a Person Recover After A Pedestrian Accident in Dallas?
Non-economic damages provide compensation for pain, suffering, inconvenience, embarrassment, inability to participate in preferred activities, and other changes in the quality of a person’s life that resulted from the accident. Family members may seek damages for loss of the victim’s companionship or loss of consortium. Additionally, if a loved one is killed in an accident, the decedent’s surviving estate may be eligible to file a wrongful death claim. A seasoned Dallas pedestrian accident lawyer could review the incident and help determine the best course of action.
For a free legal consultation, call (817) 775-5364
Gross Negligence May Merit Exemplary Damages
Texas Civil Practice and Remedies Code §41.003 allows for exemplary damages in certain cases. As the name implies, the intent of exemplary damages is to make an example of the offender, rather than to compensate a victim. Exemplary damages might be awarded if someone acted with gross negligence. A person who is driving under the influence or driving recklessly when they hit a pedestrian might be subject to exemplary damages.
The victim must ask for an award of exemplary damages and must prove that the other party acted with gross negligence by clear and convincing evidence. A knowledgeable personal injury lawyer could determine whether there is enough evidence of gross negligence to seek exemplary damages in a particular case.
Are There Caps On Recoverable Damages For a Pedestrian Crash?
The law limits the amount of exemplary damages a victim can receive. A jury may award exemplary damages of double the victim’s economic damages plus their non-economic damages, or $200,000, whichever is greater. Exemplary damages may not exceed $750,000.
Dallas Pedestrian Accident Lawyer Near Me (817) 775-5364
Let a Dallas Pedestrian Accident Attorney Help You Seek Financial Support
A pedestrian accident often leaves a family reeling and not knowing where to turn. They may inadvertently give up some of their rights or settle for much less compensation than they deserve. A legal professional who understands what a victim and their family go through in the aftermath of a serious accident can be of tremendous help and comfort.
Do not try to struggle through the experience alone. Instead, seek assistance from a compassionate Dallas pedestrian accident attorney. Get started today.
Call (817) 775-5364 or complete a Free Case Evaluation form