Unfortunately, the Dallas-Fort Worth area is infamous for having a high rate of traffic-related pedestrian accidents—in fact, it is the single highest among all of America’s 20 largest cities as of 2020. Even when you only suffer short-term injuries from this kind of incident, you may have difficulties getting the compensation you deserve, especially when you attempt to pursue a civil claim without legal representation.
Guidance from a DeSoto pedestrian accident lawyer can make a significant difference in how effectively you can demand restitution after being struck and injured by a negligent driver. No matter what types of injuries you have sustained or how long they are expected to impact your life, a seasoned injury lawyer could work diligently to secure the best resolution for your case.
What Makes Someone Liable for Injuring a Pedestrian?
While a pedestrian is far more likely to suffer injuries in a collision than the driver who ran into them, Texas state law does not automatically hold motorists legally liable for the effects of incidents like this. Regardless of the extent of their injuries, the injured pedestrian must establish legal fault on the part of the person who struck them to recover compensation, a process which generally entails proving that the driver was “negligent.”
Every driver in Texas has the same duty to act reasonably and responsibly when traveling on public roads. Any reckless or careless “breach” of that duty which directly leads to a collision resulting in injuries qualifies as legally actionable negligence. A driver who hits a pedestrian because they were distracted behind the wheel is as liable as someone who hits a pedestrian because they were speeding through a red light.
Importantly, though, pedestrians can be found partially liable for causing their own injuries if they, too, were negligent in some way. As a knowledgeable DeSoto attorney could explain, any share of fault assigned to the plaintiff in a pedestrian crash case could reduce their available compensation—or bar them from recovering any payment.
For a free legal consultation, call (817) 775-5364
Recovering Fairly Within Filing Time Limits
When the injured pedestrian does not share any blame for their injuries and can prove the driver that hit them was negligent, they can recover for all past and future losses their accident will cause for them, including:
- Medical bills
- Lost work income or working capacity
- Personal property damage
- Emotional and psychological trauma
- Physical pain and suffering
- Lost enjoyment or quality of life
While obtaining compensation is an option for injured victims, there may be a limited time to file a civil claim. For example, according to Texas Civil Practice & Remedies Code §16.003, anyone injured by another person’s negligence has two years, at most, following their initial injury to file suit. Therefore, it is crucial to contact a diligent lawyer in DeSoto as soon as possible following a collision on foot.
DeSoto Pedestrian Accident Lawyer Near Me (817) 775-5364
Get in Touch with a Pedestrian Accident Attorney in DeSoto Today
Unfortunately, walking near or across an active roadway puts you at risk of getting seriously hurt by a reckless or careless driver. Fortunately, situations like this can allow for substantial civil recovery, provided you can prove to the court that a specific person is responsible for harming you.
A DeSoto pedestrian accident lawyer could be your ally through settlement negotiations to a trial if necessary. Schedule a meeting with a legal team member by calling today.
Call (817) 775-5364 or complete a Free Case Evaluation form