Dallas Pedestrian Accident Attorneys

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Injured as a Pedestrian in Dallas? Let Our Team of Advocates Fight for You

There is always a certain amount of danger when you walk into a street. For some, simply going across a crosswalk can be anxiety-inducing. What if an on-coming car doesn’t see you? What if the driver ignores the red light? What if they don’t manage to stop in time? Sadly, these questions are warranted as pedestrian and vehicle collisions are all too common. These kinds of accidents are debilitating and often leave the pedestrian in a catastrophic state. If you have been injured in a Dallas pedestrian accident, contact the Dallas personal injury attorneys at the Lenahan Law Firm today.

Having helped so many injured clients throughout Texas and earned numerous awards and accolades for our top-quality advocacy, our team of knowledgeable attorneys has what it takes to guard your best interests and pursue maximum compensation on your behalf.

The sooner you get in touch with us, the sooner we can help. Call our office today at (888) 473-2820 to take the first step towards filing a claim.

Common Causes of Pedestrian Accidents

According to the Centers for Disease Control and Prevention (CDC), more than 130,000 pedestrians are injured in traffic collisions each year, with roughly one crash-related pedestrian death occurring every two hours. A pedestrian can be considered anyone who is not in a motor vehicle, such as a person on foot, on a skateboard, riding a bike, and in a wheelchair.

While the causes of pedestrian accidents are as varied as their effects, most collisions of this nature can be traced back to some form of driver negligence. If it can be proven that your crash was indeed caused by another driver’s careless actions, you may have grounds to pursue monetary compensation for a wide variety of damages, including medical bills, pain and suffering, reduced quality of life, rehabilitation expenses, lost income, and more.

In each of these instances, a pedestrian may have the right to file a claim for damages against the negligent driver. To do so, they must have suffered some type of injury that has severely affected their life.

Steps to Take After a Pedestrian Accident

Following a pedestrian accident, the immediate priority should be your health and safety. If you or someone else is injured, call 911 to get medical attention as quickly as possible, even if the injuries seem minor. Ensuring that the injured person receives prompt medical care is not only critical for their well-being — it also plays a key role in documenting the injuries, which is important when filing a pedestrian accident claim or lawsuit.

Contact law enforcement immediately to report the accident. The responding officers will document the scene and create an accident report, and this serves as an essential piece of evidence when determining liability. You’ll want to get a copy of the accident report for your records.

If you feel up to it, take photos of the scene, including street signs, skid marks, signals, and vehicle positions. If there are any witnesses, collect their contact information. Exchange information with the driver involved in the accident, including their name, contact details, insurance coverage, and vehicle registration. Avoid admitting fault or making statements that could be used against you later.

Filing a Wrongful Death Claim After a Pedestrian Accident

Filing a successful wrongful death claim or lawsuit requires proving that the death was due to another party's negligence or intentional harm. In these cases, surviving family members are entitled to file a wrongful death lawsuit seeking damages for their loss. This legal action may provide compensation for funeral expenses, economic losses, and pain and suffering caused by your loved one’s untimely death. Texas law allows spouses, children, and parents of the deceased to file a wrongful death claim.

In wrongful death cases resulting from a pedestrian accident, several types of damages are available to the surviving family members. Economic damages include quantifiable costs like the loss of the deceased person's expected earnings. Non-economic damages include the loss of companionship, loss of consortium, and emotional distress endured by survivors. In some cases, exemplary damages, also referred to as punitive damages, may also be awarded to punish the wrongdoer in cases involving a willful act or omission or gross negligence.

Pedestrian Collisions and Injuries

When two vehicles collide with each other, it can be devastating. Many of us have experienced small fender benders that leave no more than a slight dent in our bumpers. But when a vehicle hits a pedestrian, it is almost always catastrophic. Pedestrians don’t have any form of protection against cars. Their bodies are left completely vulnerable to the force of the collision. Some of the most devastating pedestrian injuries we have seen include:

• Fractured, broken, and crushed bones
• Brain injuries
• Spine injuries
• Internal organ damage
• Amputation
• Lacerations

After being the victim of a Dallas pedestrian accident, you are probably feeling scared, hopeless, and stressed. The pain you are in, coupled with the intense medical debt your treatments have left you with, is enough to make anyone scared about what their future holds. You shouldn’t give up, however. If your accident was caused by negligence, you may still be able to recover the damages you suffered.

Investigating Liability in Pedestrian Accidents

The Lenahan Law Firm will investigate the pedestrian accident to find out who is liable for your injuries. In addition to negligent drivers, there are several parties that may share liability. Property owners may be held liable for pedestrian accidents that occur due to unsafe conditions on their premises. This may include poorly marked instructions, lack of proper signs, or inadequate lighting in a parking garage.

Municipalities have a significant role in maintaining public safety, and they can be held liable for pedestrian accidents. If an accident occurs because of a poorly maintained sidewalk, street, or crosswalk, or due to inadequate signage or traffic control devices, the local municipality or some other public entity responsible for these conditions may be at fault.

Road conditions have a strong influence on pedestrian safety and accident circumstances. Hazards such as potholes, uneven surfaces, or slick roads can lead to accidents involving pedestrians. Inclement weather like rain, snow, or ice can also exacerbate road safety issues, affecting both pedestrian traction and vehicle maneuverability. The Lenahan Law Firm will evaluate the conditions of the road at the time of the accident and determine if negligent maintenance or signage could have contributed to the incident.

When a pedestrian accident occurs because of a vehicle's faulty component, the manufacturer may be liable under product liability law. Defective brakes, faulty steering mechanisms, or failed lighting systems are examples of vehicle failures that can lead to accidents. To hold a manufacturer liable, it must be shown that the defective part was directly responsible for the accident. This may require an extensive investigation and the use of expert testimony.

Dealing with Insurance Companies

In personal injury cases, especially those involving pedestrians, having experienced legal representation is crucial. The Lenahan Law Firm will negotiate with insurance companies, who often aim to minimize payouts. Without legal representation, you may not receive the fair compensation you are entitled to for medical expenses, lost wages, pain and suffering, and other damages. Legal representation is not just a service — it’s a vital support system for those affected by personal injury.

In pedestrian accidents, determining which insurance policies apply is a complicated process that requires careful examination of all potential sources of coverage. In Dallas, this could include the driver’s auto liability insurance, which is primarily responsible for covering damages if the driver is at fault. Pedestrians may also have coverage available through their own auto insurance policies if they carry personal injury protection or uninsured/underinsured motorist coverage. And homeowners or renters’ insurance may also provide benefits in certain situations.

Pedestrian Rules and Regulations

Drivers have a duty of care to those around them. This means that they have a responsibility to follow all traffic laws and ensure the safety of those sharing the road. When a driver hits a pedestrian, then that could be an indicator that the driver broke their duty of care and is thus responsible for the injuries they caused. However, there are rules that pedestrians must follow as well.

Pedestrians are expected to use sidewalks whenever they are available. Walking on the road instead of the sidewalk can be incredibly dangerous, and an insurance adjuster may use that as evidence that your injuries were your fault. Pedestrians are also not allowed to solicit, as in sell or ask for money, on the road unless it is for a charity. In cases of charity, the pedestrian must still have permission from the local authorities.

You should also always use the crosswalk properly, as in wait for the signal to walk, and always walk between the indicated lines. Walking outside of the lines puts you at risk for a collision and walking when traffic has not been given the signal to stop is incredibly dangerous.

It is important to remember, however, that Texas is a comparative negligence state. That means that so long as you were less than 50% responsible for the accident, you still have grounds for a claim. If you walked outside of the crosswalk and were hit while doing so, you may be found 30% responsible for your accident, as you may not have been hit if you were in the lines. But a driver still has the responsibility to stop when they see a pedestrian crossing, meaning they are still the -majority responsible for the accident.

Insurance adjusters will likely try to use your actions against you, whether you are over 50% responsible for the collision or not. Their job is to make sure the insurance company is still turning a large profit. In order to do this, they will want to pay as little as possible and will grasp at anything they can to dismiss your claim. Thankfully, with an experienced Dallas pedestrian injury attorney by your side, the insurance adjuster will have to listen to your case.

Let Us Do the Legal Heavy Lifting

The last thing you need after being struck by a careless driver is to be bombarded with paperwork, intentionally confusing terminology, and deadlines during your pursuit of compensation. At the Lenahan Law Firm, our Dallas and Fort Worth personal injury lawyers can handle every aspect of your injury claim with ease and allow you to focus on what really matters: your recovery. Most importantly, unless we are successful on your behalf, you will not owe us a cent for our representation. We know your struggles and are dedicated to doing everything within our power to help you get through this difficult time as smoothly as possible.

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Pedestrian Injury Case Results

• $4,200,000 Recovered ($1,424,402 in fees & expenses) in Pedestrian Leg Injury Case

View more case results here.

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Additional Information

• Common Causes of Pedestrian Accidents and How To Avoid Them
• What If You Were Hurt While Jaywalking?
• Pedestrian Safety - TxDOT
• Pedestrian Safety | NHTSA