Every year, thousands of individuals are treated in emergency rooms due to pedestrian accidents. These types of accidents are dangerous and even fatal. When a motorist injures an individual, they could be held liable and required to pay compensation for damages.
If you or a loved one were injured due to the negligent behaviors and actions of an automobile driver, you might consider taking legal action to hold the responsible party accountable in court.
A Grand Prairie pedestrian accident lawyer from The Texas Law Dog is available 24/7 to advocate on your behalf to help you recover compensation. Speak to a knowledgeable Grand Prairie personal injury lawyer to learn about your rights under Texas law– We don’t just bark. We bite.
How Most Pedestrian Accidents Occur
Pedestrian accidents occur more often at night because visibility is a factor. Pedestrian accidents happen more frequently in cities than out in the country because people do not walk as much in rural areas, and there is not much traffic there. More people are walking, and there are more motorists in the city.
Pedestrian accidents in the city do not happen as frequently at an intersection as one might think. They happen in crosswalks or sidewalks or on the side of the road, and these types of injuries can be devastating or fatal. Your Grand Prairie pedestrian accident attorney will conduct a comprehensive case review to determine the cause of your injuries.
In many cases, negligent drivers are found culpable. However, depending on how the accident occurred, it is possible the Texas Department of Transportation (TxDOT), the city of Grand Prairie, or even auto parts manufacturers and distributors could share responsibility for your damages. Do not be surprised if our investigation determines multiple parties should be held accountable for compensating you.
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How a Grand Prairie Pedestrian Accident Attorney Determines Liability
Your Grand Prairie pedestrian accident lawyer will likely hire accident reconstructionists to begin recreating the collision. This will help us understand how the accident occurred and who is at fault.
By using photos you took at the accident scene and data obtained from vehicle black boxes, we may be able to accurately establish liability for the wreck.
Depending on how the accident occurred, we may also be able to use other types of supporting evidence. For instance, if the driver who hit you was under the influence of drugs or alcohol at the time of the wreck, their toxicology reports could be used as evidence to prove their impairment. We may also use their criminal record, driving history, and other personal information to help establish their liability and negligence.
The burden of proof is based on a preponderance of the evidence per Tex. Civ. Pract. & Rem. Code § 41.001(2). This is a legal expression, which means we must present evidence that convinces the jury of the defendant’s liability.
We do not need to prove liability beyond a reasonable doubt, but the evidence we present must show the jury that the defendant is most likely at fault.
Sharing Fault for the Accident
In many personal injury cases, the defendant may claim that the injured claimant contributed to the accident. The State of Texas follows the modified comparative negligence rule as described under Tex. Civ. Pract. & Proc. Code § 33.001.
If the injured claimant is found to be less than 51% at fault for an accident, they may still be eligible to recover compensation.
Their total compensation award will be reduced by their percentage of liability for the accident. If the injured claimant is more than 51% at fault, then they may be ineligible to recover compensation for damages from the other party. A pedestrian accident attorney in Grand Prairie might discuss the rights and duties of pedestrians with individual plaintiffs.
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Grand Prairie Pedestrian Rights
There is a common misconception that pedestrians always have the right of way. However, your Grand Prairie catastrophic injury lawyer with The Texas Law Dog will help you understand whether you were within your rights.
Under Texas Transportation Code 7 § 552.001, pedestrians have the right of way during the following situations:
- When facing a green signal in a marked or unmarked crosswalk
- While a walk signal is present
- On a sidewalk that crosses an alley
- Whenever a blind pedestrian is crossing the street with a white cane or guide dog
Grand Prairie motorists are instructed to exercise due care whenever they are behind the wheel. Special caution may be warranted when children or incapacitated persons are nearby. A reputable Grand Prairie child injury lawyer may be able to help you hold such negligent motorists accountable.
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Pedestrian Duties in Grand Prairie
Grand Prairie law places particular responsibilities on pedestrians as well. Pedestrians are expected to understand when they have the right of way to keep themselves and other motorists on the roadways safe. Under Texas Transportation Code 7 § 552.001- 552.010, individuals on foot should protect their own safety by doing the following:
- Walk within the crosswalk
- Stay to the right of the crosswalk if possible
- Avoid crossing the street in a business district unless there is a crosswalk
- Refrain from soliciting on foot unless authorized to do so
- Do not cross on a stop signal or while a yellow or red light is visible
If a pedestrian is found to break one of these rules, their damages may be reduced proportionately. This is because of Texas’ modified comparative negligence laws. Pedestrians, much like drivers, are tasked with exercising proper care under the circumstances.
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How to Hold the Liable Party Accountable
Texas personal injury laws make it possible for injury victims to recover the compensation they deserve from liable parties. There are two primary ways of recovering compensation after an accident. You can file a claim with the insurance company or pursue a civil lawsuit.
File an Insurance Claim
When you file a claim with the insurance company, we typically initiate a claim against the at-fault party’s insurance policy. This is because Texas operates under a fault-based insurance system per Transportation Code Chapter 601. Motor Vehicle Safety Responsibility Act.
Your insurance settlement should cover the damages as outlined in the liable party’s policy terms.
You may be surprised to learn your insurance settlement is dependent on the liable party’s policy limits. Unfortunately, this may mean you do not receive a settlement that covers the total value of your losses. This does not necessarily mean you will not receive a settlement, but you may need to consider alternative options for legal recourse as well.
Pursue a Civil Claim
A personal injury lawsuit after a pedestrian accident may be your best opportunity to get the most out of your claim. By filing a lawsuit, you have a chance to be made whole. You can recover every single loss you have experienced, including those that remain after your insurance settlement.
Common Types of Recoverable Damages in Pedestrian Accident Claims
When you file a personal injury lawsuit or insurance claim, you are seeking what is commonly referred to as “Damages.” These refer to the way your life has been adversely affected by your pedestrian accident and subsequent injuries.
There are two primary types of damages awarded in pedestrian accident lawsuits: compensatory damages and exemplary damages.
Compensatory Damages
Compensatory damages are an entitlement consisting of economic and non-economic damages. These might include loss of wages, medical bills, loss of enjoyment of life, pain and suffering, and more.
Exemplary Damages
Exemplary damages are also commonly known as punitive damages. Punitive damages are possible in cases where the court finds the defendant’s conduct “fraudulent or intentional.” While punitive damages can be awarded in pedestrian accident cases, it is a rare occurrence.
For example, if the driver who hit you could not avoid an accident because a road construction work zone was not properly secured, punitive damages may not be appropriate.
If the defendant caused the accident because they were drunk, however, exemplary relief is more likely. We will know more after reviewing the individual details of your case.
Call a Respected Pedestrian Accident Lawyer in Grand Prairie
When a pedestrian suffers catastrophic injuries due to a negligent motorist, they may be eligible to recover compensation for their damages, such as medical expenses, mental anguish, as well as pain and suffering. If this sounds like what you are going through, you are not alone.
Schedule a free consultation with a pedestrian accident lawyer in Grand Prairie from The Texas Law Dog by phone or through our online contact form to discuss the facts of your case.
Call (817) 775-5364 or complete a Free Case Evaluation form