PEDESTRIAN INJURY LAWYERS SERVING DALLAS & THROUGHOUT TEXAS

The most common place for a pedestrian accident to happen is when someone is walking in a crosswalk. A person can be hit when drivers run red lights, turn without looking, or fail to yield. Under Texas law, the pedestrian has the right of way in the crosswalk, meaning that traffic must yield.

Too often, left-turn and right-turn crashes happen because a driver is more focused on oncoming vehicle traffic and doesn’t see the pedestrian entering the crosswalk right in front of them.

If you or a loved one was hit by a driver who fled the scene, then make sure to talk to a Dallas pedestrian accident attorney about how to get compensation through uninsured motorist coverage. You need a team to do an investigation quickly before evidence disappears, to identify the driver if possible.

Backing-up crashes are a common cause of pedestrian accidents in a parking lot. Other potential causes include blind-corner impacts and drivers pulling out of parking spaces without looking around. In parking lot pedestrian accidents, there are times when property owners may also share liability (under Texas premises law).

The injuries and consequences are more severe when an impaired driver is involved in the crash, especially since these accidents have higher fatality rates.  Talk to a drunk driving accident lawyer right away to learn more about how punitive damages work under Tex. Civ. Prac. & Rem. Code Ch. 41.

Proving liability can be a bit more complicated when the driver was on an Uber, Lyft, DoorDash, or Instacart run. Our rideshare accident lawyer can help you understand the best way to move forward, based on the rideshare or delivery company’s commercial policy.

Under Tex. Civ. Prac. & Rem. Code § 71.002, surviving family members may have the option to file a wrongful death claim. Contact our wrongful death attorney as soon as possible to see if you are eligible to file.

Effective September 1, 2021, Texas made it a crime for a driver to hit a pedestrian in a crosswalk. This criminal negligence law is named after Lisa Torry Smith, who was killed while walking her son to school in 2017. This type of violation is a minimum of a Class A misdemeanor and can even result in a state jail felony if the pedestrian suffers serious bodily injury. This criminal statute strengthens your civil case even when charges are never filed.

When pedestrians are in marked and unmarked crosswalks, drivers must stop and yield. Drivers may not proceed into the half of the roadway where the pedestrian is crossing, or approach closely enough from the opposite half to put the pedestrian in danger. School crossing guards have full traffic control authority. Also, drivers must always yield to pedestrians on sidewalks when the car is entering or exiting driveways.

Extra protections are in place for pedestrians with disabilities. Drivers must yield to pedestrians using white canes or guide dogs, regardless of whether they’re walking in a marked crosswalk.

Not only are drivers responsible for pedestrian safety, but pedestrians also hold the responsibility for certain safety rules. For example, pedestrians must use sidewalks if they are available, walk facing traffic when there is no sidewalk, and always obey pedestrian signals. If these types of pedestrian rules are violated, then the comparative negligence rule in Texas may reduce or even eliminate a pedestrian’s injury compensation.

The driver is the first place to look at for liability, especially since they are often personally liable through their auto insurance policy. The Lisa Torry Smith Act is an example of the driver’s duty of care, regardless of criminal charges or convictions relating to the accident.

If the driver was working, delivering, or driving a company vehicle when the pedestrian accident occurred, then your Dallas pedestrian accident lawyer might recommend pursuing compensation through the employer’s commercial insurance policy through vicarious liability.

When the driver was on an active trip for Uber, Lyft, or a delivery app, then higher coverage limits are often available through the commercial policy behind that trip. This type of coverage often provides higher settlement amounts than personal auto insurance.

In some cases, government or property owners may share liability based on the condition of the accident site. Examples might include defective sidewalks, missing crosswalk signals, obstructed sightlines, or poorly lit intersections. In these situations, the City of Dallas, TxDOT, or a nearby property owner might be named in the lawsuit.

Even if the injuries seem mild at first, always accept ambulance transport to ensure that you have access to the medical care that you need. Pedestrian accidents often result in injuries that are delayed, including internal bleeding and traumatic brain injury. If you refuse the ambulance, then it gives the defense an argument that your injuries weren’t caused by the accident.

Don’t say anything at the accident scene. Even a polite apology can be used against you. Avoid having a conversation with the driver about how the crash happened.

You can expect that the insurance adjuster will probably call within 48 hours. Make sure that you have already talked with a pedestrian accident law firm in Dallas first. Don’t talk to insurance representatives without having legal representation.

Most of the time, the initial settlement offers are well below the real value of the pedestrian accident case. Don’t rush to accept the settlement, because you need to understand the actual value of current medical expenses and future-care costs.

It’s common for insurance defense to start watching the victim’s social media accounts, which is why you shouldn’t be posting anything online after the accident. The defense team is looking for anything that might be used against you, such as photos, activity check-ins, and comments. They will argue that you’re not as injured as you claim.

If there is surveillance video from nearby businesses, the records typically overwrite within days. Also, witnesses become less reliable after time passes. Even though the statute of limitations is two years from the date of the accident, it’s best to hire a Dallas pedestrian accident lawyer as soon as possible to start gathering evidence.

Under Tex. Civ. Prac. & Rem. Code § 16.003, personal injury claims need to be filed within 2 years of the date of the accident. Families have two years after the date of death to file a wrongful death claim.

In the state of Texas, comparative negligence applies, which means that injured pedestrians can only recover damages if their share of fault doesn’t exceed 50%. Insurance companies often try to reduce the payouts by arguing that the pedestrian was partially at fault because they were outside a crosswalk or ignored a signal. Strong evidence is needed to contest these arguments and prove liability.

Under Tex. Transp. Code § 552.003, drivers are required to yield to pedestrians in any crosswalk, including both marked and unmarked crosswalks. Every intersection is legally a crosswalk unless there are signs that say otherwise.

Under Tex. Civ. Prac. & Rem. Code Ch. 41, punitive damages might be awarded when gross negligence applies. For example, this extra compensation is designed to punish the driver when their conduct was reckless, they were drunk or distracted, or the driver left the scene.