Pedestrians are vulnerable to the actions of every driver on the road with them. When a driver fails to obey the law, people suffer serious and often life-threatening outcomes.
At The Texas Law Dog, we fight for victims and their future. Contact our pedestrian accident lawyer in Dallas for immediate help. We offer free case evaluations so you can gain peace of mind. Our Dallas personal injury lawyers are available 24 hours a day, seven days a week.
The Importance of a Pedestrian Accident Attorney in Dallas
When a vehicle and a pedestrian collide, the results are often catastrophic for the pedestrian. The human body is not designed to withstand the force of a collision with a vehicle weighing thousands of pounds. Sadly, due to inattentive drivers and other reasons, accidents involving pedestrians and vehicles are commonplace.
Most accidents involve some form of negligence. 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 vehicle collisions may seek monetary damages from other parties whose negligence contributed to the accident. There may be more than one negligent party, so gathering all available evidence to identify potentially responsible parties is a critical first step toward obtaining compensation. If you have been injured in a pedestrian accident, consulting a Dallas car accident lawyer right away could help you build a case for appropriate compensation.
Why Pedestrian Accidents Happen in Dallas
It is not uncommon to hear of a victim being struck while walking along a sidewalk or crossing the street. Data shared by the Texas Department of Transportation shows that Dallas is the most dangerous large city for pedestrians, with a 57% higher rate of pedestrian accidents than comparably sized cities such as Austin, Fort Worth, or Houston. Common causes include:
- Distracted driving: Drivers are using their phones, updating GPS, or eating a sandwich while navigating Dallas’ traffic.
- Speeding: A driver who is speeding has far less time to stop or swerve to avoid a pedestrian they did not see. Many times, speeding drivers blow through red lights, even when a pedestrian is in the crosswalk.
- Poor visibility: Poor weather conditions or blocked crosswalks can limit drivers’ visibility, and instead of slowing down, they put pedestrians at risk.
- Impaired driving: A driver under the influence is less able to avoid pedestrians. They may not see them, may be unable to maneuver around them, or may fail to react quickly enough.
- Fatigued driving: This often happens to victims walking at night, when drivers are most fatigued behind the wheel.
These are just some of the common causes of pedestrian accidents in Dallas. Understanding the cause allows our legal team to determine who is responsible for your injuries, enabling us to fight fairly and aggressively to represent you. If you are unsure who is at fault, contact us.
Dallas Pedestrian Accident Lawyer Near Me (817) 775-5364
Who May Be at Fault in a Pedestrian Accident
It may seem obvious that the driver who struck you is at fault for your injuries and other losses. Most often, that is the case. However, there are situations where other parties may also be responsible. This may include:
- The driver of the vehicle that struck you
- The driver of another vehicle who caused the accident
- The driver’s employer, who was on the clock at the time of the incident
- The city has poorly maintained roads with limited visibility or no designated sidewalks
We look at all angles to determine what your rights are after these accidents. It is so important to understand the details of your case so that you can seek truly full and fair compensation. You can trust that our Dallas pedestrian accident attorney will be your advocate and fight for fair treatment.
Comparative Negligence: When You Are Partially at Fault
Not all cases are clear-cut and simple, and many involve the pedestrian being partially at fault. The insurance company or the court may determine that you bore some of the fault in the case, such as by failing to cross at a crosswalk. In these situations, the state’s modified comparative negligence rule applies. This means that:
- You can still file a claim if you are 50% or less at fault. The court may find you to be 20% at fault, for example, if you contributed to the accident in a minor way. In this case, you can still file a claim.
- Reduced compensation. If you are 50% or less to blame, the court reduces the amount of compensation you receive. It reduces your losses by the percentage of fault attributed to you. For example, if you are 20% to blame, you recover only 80% of your losses.
- You are barred from recovery. If you are 51% or more at fault, the law prohibits you from filing a claim against the other party. This means you are mostly to blame, and you cannot recover any damages.
Our pedestrian accident lawyer in Dallas works to minimize any claims that you are at fault, working to prove you did not play a role in the accident at all. In situations where that is not possible, such as when you admit it was partially your fault, we work to lower the percentage of fault as low as possible. That preserves more of your compensation and recovery.
Common Accident Injuries When a Person is Hit by a Car
Pedestrians struck by a car often face debilitating injuries and losses, often through no fault of their own. Any type of accident involving a person and a vehicle benefits from medical care, even if you feel okay right after. If you have any of the following serious injuries, you may be owed substantial compensation:
- Head injuries, especially those resulting in changes to cognitive function or any traumatic brain injury
- Broken bones, including arms, legs, ribs, the skull, or hips, as well as complex injuries and crushing accidents
- Road rash from a vehicle pulling you along the surface of the roadway, often resulting in deformities and a serious risk of infection
- Burns from chemical or thermal exposure during or after the accident
- Spinal cord and column injuries, including damage to the vertebra or nerve damage, resulting in partial or complete paralysis
- Internal injuries, including damage to blood vessels, nerves, and organs
In each of these cases, victims need maximum compensation to cover all their losses, which means you need one-on-one support and guidance from a law firm that cares. Our experience stands out as we have recovered millions of dollars in losses for our clients throughout our careers. Expect our founder, Matthew E. Aulsbrook, to fight for you as well.
What to Do if Your Loved One Loses Their Life in a Pedestrian Accident
A high number of people struck by vehicles do not survive, creating devastating outcomes for family members as well. There is no way to bring back your loved one, but with the help of our pedestrian accident lawyer in Dallas, we can build a strong claim to secure true justice for them. This may include damages such as:
- All economic damages that the victim would have recovered if they had lived
- Medical and funeral costs
- Loss of wages and benefits, including retirement accounts and pensions
- Value of household services provided by the victim
- Loss of companionship
- Grief and emotional trauma for the family members
- Loss of care and guidance
- Loss of income contributing to the household
Victims often find themselves facing a difficult process trying to determine what these losses are in figures, because it simply is not easy to put a value on someone’s life. Our Dallas catastrophic injury lawyers draw on our experience and careful strategies to maximize your compensation and hold those who hurt you fully accountable.
Punitive Damages in Pedestrian Accidents
There are some situations where the person causing the accident responsible for the accident and resulting injuries or death was acting in an egregious manner, such as driving under the influence or intentionally speeding. In these cases, the court may award punitive damages to you, allowing you to receive additional compensation to cover your ongoing losses.
How We Build Your Pedestrian Accident Claim
Once you contact our pedestrian accident lawyer in Dallas, we begin building your case right away. It is critical to do so because we need to preserve evidence and track down all parties involved. You can expect us to document all factors in your case through a comprehensive process:
- Gather evidence. This may include reviewing surveillance footage, speaking with witnesses, using the police report as a starting point, and gathering insights from accident reconstruction work.
- Determine all parties at fault. This may include the driver who hit you, along with any other third party partially to blame for your injuries and losses.
- Evaluate the real value of your claim. We consider all factors related to the value of your case, including its impact on your health, mental well-being, and financial future. Expect us to be aggressive.
- Submit a claim and negotiate on your behalf. We do not let the insurance companies limit your ability to recover fair compensation. Expect us to be protective of our clients.
- Go to court if we need to. It is rarely necessary, but with our extensive trial experience, we can build a robust case in court. We are trial-ready.
Our pedestrian accident lawyer in Dallas is an advocate for victims facing significant financial and physical burdens caused by others’ reckless behavior. Set up a free consultation with us to review your case. Do not settle until you know what your losses really are.
What You Can Do After a Pedestrian Accident to Protect Your Future
After a pedestrian accident, you may not be able to take any action other than calling 911. Always put your health first. But when you can take additional steps, focus on the following to preserve both your health and your case.
- Move out of the way of further harm if you can. Call 911 and share with the dispatcher what happened. Do not provide any statement that makes you appear to be at fault.
- If able, take photos of the accident scene, including the layout of the area, debris in the roadway, and your injuries. Document these details fully.
- Get the name and contact information for any other party involved. This includes anyone who stopped to help you or those who saw what occurred.
- Go to the hospital immediately. Many injuries, such as concussions, internal bleeding, and whiplash, take time to become evident. Going to the hospital protects your rights by documenting your injuries immediately.
Then, contact our pedestrian accident lawyer in Dallas for immediate help. We can handle the insurance companies and all other reporting requirements for you. Most importantly, we preserve evidence, build your case, and bring you peace of mind while you heal. You can trust The Texas Law Dog to be the advocate you need in these challenging cases. Your future matters to us.
Pedestrian Accidents Can Lead to Significant Damage Awards
Accident victims might underestimate the economic impact an injury has 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, and 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
- Pain and suffering caused by the accident and the recovery process
- Loss of quality of life
- Disfigurement
- Loss of consortium
The intent of monetary 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.
Non-Economic Damages a Person May Recover After a Pedestrian Accident in Dallas
Non-economic damages compensate for pain, suffering, inconvenience, embarrassment, inability to participate in preferred activities, and other changes in the quality of a person’s life resulting 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 wrongful death lawyer could review the incident and help determine the best course of action.
Gross Negligence May Merit Exemplary Damages
Under Texas Civil Practice and Remedies Code §41.003, you can recover exemplary damages in certain cases. As the name implies, exemplary damages are intended to make an example of the offender rather than to compensate the victim. Exemplary damages might be awarded if someone acted with gross negligence. A person who is driving under the influence or driving recklessly and hits a pedestrian might be subject to exemplary damages.
The victim must seek an award of exemplary damages and prove, by clear and convincing evidence, that the other party acted with gross negligence. A knowledgeable personal injury lawyer could determine whether there is enough evidence of gross negligence to seek exemplary damages in a particular case.
Our Dallas pedestrian accident lawyer works with you to fully address every element of your case and claim. We will present clear evidence to the court, if necessary, and to the insurance company to demonstrate all of the ways this accident caused you injuries. Expect us to be aggressive in protecting your future.
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.
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 with the team at The Texas Law Dog.
