Collisions involving passenger vehicles and pedestrians have the potential to result in catastrophic injuries and even death. People walking or jogging can suddenly find themselves faced with life-altering challenges after these accidents, which may occur from a driver’s negligence or carelessness. Pedestrians nearly always have the right of way, and accidents often occur as a result of negligent acts by drivers.
Pedestrian accidents often occur at crowded intersections, parking lots, and poorly lit areas after dark. Determining who is financially responsible for damages following an accident, it is best to seek legal help. A Mansfield pedestrian accident lawyer could investigate the cause of your accident and help you obtain financial compensation.
Speak to a seasoned Mansfield personal injury lawyer to discuss your rights and legal options for compensation. At The Texas Law Dog, we don’t just bark; we bite. Our team can provide you with exceptional legal insight and guidance so you know what your rights are. Do not wait to contact us for the guidance you need today.
Determining Liability Following a Pedestrian Accident in Mansfield
State laws address many of the potential scenarios involving encounters between motorists and pedestrians. Per Texas Transportation Code § 552.008, a driver should operate with care to prevent collisions with pedestrians.
The vehicle operator should sound their horn when needed and proceed with caution when the pedestrians are children or someone who appears disoriented or debilitated.
Drivers must always yield the right-of-way to pedestrians in crosswalks when no traffic signal exists when a pedestrian is on the same side of the road as the motorist is traveling or if approaching from the opposite side in a manner that appears dangerous.
A pedestrian must yield the right-of-way to a vehicle when crossing outside of a crosswalk. An exception exists at intersections with unmarked crosswalks or designated pedestrian tunnels or bridges.
If you believe a driver had the opportunity to stop and failed to do so, it is time to contact our pedestrian accident attorney in Mansfield for the legal guidance you need. We will help you gather evidence to prove your case. Do not assume the insurance company will treat you fairly.
For a free legal consultation, call (817) 775-5364
How to Prove Fault in a Pedestrian Accident
Most personal injury cases involve proving negligence. This means the driver acted in a preventable way and put your safety at risk. There are several vital elements needed to prove negligence, such as:
- The defendant had a duty to prevent others from harm
- The defendant breached the duty to care
- The failure to adhere to the obligation to care was the proximate cause of the injury to the plaintiff
- The plaintiff incurred actual harm or damages
The standard of evidence used in civil matters is based on a preponderance of the evidence, which is a lesser standard than beyond a reasonable doubt that applies in criminal actions.
If you suspect negligence is applicable in your case, set up a free consultation with our legal team to discuss your case. Let us find out what your rights are in these challenging situations.
Mansfield Pedestrian Accident Lawyer Near Me (817) 775-5364
Types of Recoverable Damages
You likely have suffered physical, emotional, and financial losses as a result of this accident. The injured party may be able to recover compensation for various types of losses, including economic, non-economic, and punitive damages. Economic damages are to compensate for medical bills, lost wages from missing work, repair or replace property, and others.
Non-economic damages are more challenging to quantify. Examples include pain and suffering, anguish, and loss of enjoyment. The State of Texas does not impose caps or limits on the amount potentially awarded in these first two categories.
Exemplary or punitive damages are rarely applicable, as the intent is to punish the defendant for egregious acts. A jury may consider exemplary compensation only when the actions demonstrated gross negligence, fraudulent intent, or malice. The total recoverable amount has a limit, which is calculated based on the compensatory awards.
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How Our Mansfield Pedestrian Accident Attorney will Help You with Your Case
From medical bills to the inability to get back to work to pay your financial obligations, a pedestrian accident can result in serious and even ongoing losses for victims.
When you contact our legal team, our first step is to provide you with specific, clear insight into what your legal rights are, and from there, we will help you decide on what steps to take.
There are several ways we help our clients through this legal process:
- Evidence investigation. We investigate what occurred in your situation, allowing our legal team to pursue legal action if there is evidence that you were hurt negligently.
- Build your compensation and claim. Your losses may be substantial, depending on your injuries and your ability to recover. We document them all with the help of medical providers to ensure you have a full understanding of your rights.
- Negotiate with the insurance company. Most of the time, we get the insurance company to settle fairly for you. If they do not, we will file a lawsuit to seek full compensation in a court of law for you.
Pedestrian accidents can be critical to put in the hands of an experienced attorney. You have a significant recovery ahead, and our legal team wants to be sure you have every ability to recover the damages owed to you.
Set up a free consultation now to discuss your case with The Texas Law Dog so you can learn more about the Texas car accident claim process.
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It is Critical to Hire an Attorney if You have Catastrophic Injuries
The rate of force that a vehicle can have on a person’s body is so severe it can cause instant death, and for those who do survive, the recovery can be long and painful.
If you suffered a serious accident like this, there are several big reasons why you need a Mansfield pedestrian accident attorney to remain by your side. Consider the following examples:
- Permanent disability: If you are legally disabled, that means you cannot work to earn a living any longer. This causes serious financial implications to many families, and those losses should be the responsibility of the at-fault party.
- Quality of life: In serious accidents, your quality of life may be limited due to chronic pain or other complications.
- Loss of hearing or vision: Some accidents result in permanent loss of critical functions, which can impact your ability to work, enjoy relationships, or live your life the way you want to.
- Medical expenses: Many times, insurance companies will rush victims into settling their cases quickly to reduce the financial obligation of that insurance company. You may need future medical needs requiring additional financial compensation.
- Wrongful death: In situations where your family member died as a result of an accident with a car, you do not want to settle your case without the guidance of a pedestrian accident attorney to be sure you are getting justice for them.
Catastrophic injuries are not uncommon in pedestrian accidents, but even those who do recover from them benefit from having legal guidance to navigate their case and pursue financial recovery.
At The Texas Law Dog, our full commitment is to help our clients recover the maximum compensation possible under the law, and we use our decades of experience to make that possible.
Seek out the guidance and trust of our pedestrian accident lawyer in Mansfield now to learn what legal steps we can take for you.
Consult with a Mansfield Pedestrian Accident Attorney Today
Some drivers fail to exercise proper caution when they encounter pedestrians on the road. Collisions involving motor vehicles and pedestrians can result in devastating injuries or death.
In addition to overwhelming physical trauma, the injured victims may suffer from significant emotional and financial ramifications. When a driver causes an accident, they could be held liable for damages, which you can learn more about in our videos section.
Schedule a consultation with a Mansfield pedestrian accident lawyer at The Texas Law Dog to discuss your case. We are here to help you.
Call (817) 775-5364 or complete a Free Case Evaluation form