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 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.
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.
Pedestrian accidents can be caused by any of the following forms of driver negligence:
- Driving at unsafe speeds
- Failing to yield the right of way
- Swerving on to sidewalks
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.
When two vehicles collide with each other, it can be devastating. But it can also be minor. 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
- Extreme bruising
- Skull fractures
After being the victim of a vehicle collision, 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.
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 personal injury attorney by your side, the insurance adjuster will have to listen to your case.
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.
Fill out an online form or call us at (214) 295-1008 today to pursue the fair financial compensation you deserve.