Walking offers a variety of benefits. It boosts mood, improves health, and is an economical mode of transportation. Unfortunately, many pedestrians get struck by vehicles, forcing them to seek compensation with help from Dallas pedestrian accident lawyers.
When vehicles strike individuals, serious injuries can result. Some accidents even result in death. Between January and June 2018, Texas recorded 298 pedestrian fatalities. This is according to the Pedestrian Traffic Fatalities by State 2018 Preliminary Data published by the Governors Highway Safety Association. Only California and Florida recorded more pedestrian deaths.
Of course, not all accidents result in death. However, thousands of pedestrians suffer injuries that cause serious disruption in their lives. In addition to physical pain, accident victims often experience psychological and financial challenges. Fortunately, if you suffered serious injuries in an accident because of someone else’s negligence, you can seek compensation for your losses.
Common Causes of Pedestrian Injuries
Negligent or careless drivers are often to blame when pedestrians are struck. Many of the factors that lead to collisions between vehicles can also cause pedestrian accidents. However, a person on foot is more likely to suffer serious injuries than a driver or passenger in a car. This is because pedestrians have nothing to protect them from the impact of a 4,000-pound vehicle.
Some of the most common causes of pedestrian accidents are:
- Poor visibility. Pedestrians often get struck at dusk and dawn when lighting conditions are not optimal. Rain and heavy fog can also make it difficult to see a walker or jogger. Wherever possible, pedestrians should wear bright or lightly-colored clothing or reflective gear.
- Drivers don’t always stay focused on the road. They text, talk on the phone, eat or apply makeup instead of concentrating on driving safely. Even if a driver only takes their eyes off the road for a second or two, they can put road users at risk. However, it’s important to remember that pedestrians can also be distracted, and they can be held responsible for an accident.
- Driving under the influence (DUI). It’s obviously dangerous to drive after drinking and using drugs. However, many motorists believe they can drive safely even while they’re under the influence. However, drivers who are impaired pose a danger to everyone else on the road including pedestrians. They can’t properly judge speeds, distance or depth. Intoxicated pedestrians can also walk into traffic or cross the street when it’s unsafe.
Pedestrians often wonder if they can get compensation for their injuries if they are partly at fault. Dallas pedestrian accident lawyers encounter jaywalkers who are worried they’ll have to handle all their accident-related losses on their own. However, jaywalking isn’t unlawful in Texas and the state follows a comparative negligence system. This means that you can still claim compensation even if you were partially at fault as long as you were less than 50 percent responsible. However, your damages will be reduced by your percentage of fault.
Types of Injuries Pedestrians Suffer in Dallas Car Accidents
Pedestrians don’t have helmets, airbags, or seatbelts to protect them if they get struck by a car. While some escape with only minor injuries, others suffer serious, catastrophic or fatal injuries. Common injuries include:
- Bone fractures
- Spinal cord injuries
- Internal injuries
- Traumatic brain injuries
- Neck and back injuries
- Lacerations and contusions
How Dallas Pedestrian Accident Lawyers Prove Negligence
It’s not enough to say you’ve been injured. Insurance companies and the courts will only allow you to get compensation if you can prove the driver was negligent. The burden of proof rests with you and your attorney. That’s why it’s so important to ensure that you have a competent lawyer on your side. Your attorney will help you to prove fault by investigating the case and looking for evidence. This can include talking to witnesses and seeking expert opinions.
The main elements of any personal injury case also apply to pedestrian accidents. These are:
- Drivers have a duty to drive safely and to take reasonable steps to prevent accidents.
- The driver must have breached that duty through negligent, wanton or intentional actions.
- Your injuries and other losses must be a result of the driver’s actions or failure to act.
Damages Dallas Pedestrian Accident Lawyers Can Help You Claim
If you get into a serious pedestrian accident, you’re likely to incur several losses. The driver who struck you should have to compensate you for both economic and non-economic damages. Typically, their insurance company will cover:
- Medical expenses
- Past and future lost income
- Emotional distress
- Pain and suffering
- Legal fees
Your lawyer will help you to quantify your losses so you can file a claim for fair compensation. It can be difficult to project future losses and put a dollar value on things emotional distress and pain and suffering. However, Dallas pedestrian accident lawyers know how to handle these things. Each case is different, so your attorney won’t know how much your claim is worth until they thoroughly evaluate your claim.
Get Help from the Attorneys at TorkLaw
If you believe a driver’s negligence led to your injuries, you should reach out to TorkLaw at the earliest opportunity. We will gather the facts surrounding your accident and let you know if you have a claim for damages. If you do, we’ll assist you in collecting evidence, quantifying your losses, and filing a strong claim. Most pedestrian accident cases are settled out of court. However, if we can’t arrive at a fair settlement during negotiations, we’ll fight for you during a trial.
Many pedestrians think they can handle their cases on their own, but they soon realize how complex the process can be. When you’re recovering from potentially life-changing injuries, the last thing you should be doing is fighting with an insurance company. Our attorneys know Texas’ legal system and we know all the tactics insurers use. Let us handle the complex aspects of your case while you focus on your healing. Your first consultation is free, and we work on a contingency basis. Call us today!