Dallas Pedestrian Accident Attorney

Pedestrian injuries can occur due to a wide range of reasons. Common causes of pedestrian accidents include:

• Drunk driving: Operating a vehicle while impaired by alcohol or drugs is a serious criminal offense leading to pedestrian accidents.
• Drowsy driving: Driving while fatigued can put pedestrians' lives in danger. This is especially true for delivery or rideshare drivers who are required to meet tight deadlines or work abnormal hours.
• Distracted driving: Drivers who engage in texting, talking on the phone, eating, drinking, and other distracted behaviors can result in serious injuries to on-foot commuters.
• Traffic violations: Drivers who disregard traffic laws by driving recklessly, speeding, failing to yield the right-of-way, running red lights or stop signs, or failing to check for pedestrians when reversing can lead to pedestrian accidents.

While DFW offers a myriad of social gathering places for sporting events, plays, bars, restaurants, operas, movies, parks, and other entertainment venues, it’s important for pedestrians to stay alert for reckless drivers. The Texas Transportation Code enforces traffic regulations for motorists and pedestrians alike. Under state law, drivers must yield to pedestrians when:

• There isn’t a traffic control light, and the pedestrian is in a crosswalk on or near the driver’s half of the roadway.
• When a pedestrian crosses a street in the direction of a lit “walk” signal.
• When a pedestrian approaches on a sidewalk that extends across an alley, building entrance, exit, roadway, or driveway that a driver is entering or leaving.

Texas is an at-fault state, meaning that a person who brings a claim against a motorist must prove that the motorist is to blame for the accident. This is known as liability. In pedestrian accidents, drivers are often the liable party, although there may be multiple liable parties involved.

Determining liability can be difficult and complicated in pedestrian accidents. While motorists are accountable for driving with reasonable care and obeying traffic laws, it’s important to remember that pedestrians don’t always have the right-of-way in Texas. Partnering with a trusted lawyer is paramount to ensure you’re compensated fairly.

To recover damages in a pedestrian accident claim, the plaintiff is responsible for proving that the defendant acted negligently by failing to exercise a reasonable standard of care. A defendant is only considered liable if the plaintiff can demonstrate the following elements:

1. Duty of Care: The defendant owed the plaintiff a duty of care, such as driving safely and obeying traffic regulations.
2. Breach of Duty: The defendant breached their duty by acting negligently, such as violating traffic laws by failing to yield the right-of-way to pedestrians.
3. Causation: The plaintiff must establish the defendant’s negligence as the “proximate cause” of their injuries.
4. Damages: The plaintiff suffered compensatory harm (“damages”) as a result of the defendant’s negligent actions.

Filing a pedestrian accident claim can be daunting, especially without a comprehensive understanding of personal injury law. Hiring a qualified lawyer who is knowledgeable about pedestrian accident claims is essential to navigate the legal nuances of the claims process.

Your attorney can investigate your case to determine whether you have a valid claim. Next, they can assist with gathering evidence to strengthen your case and establish liability, such as witness statements, medical records, traffic camera footage, and police reports. Once sufficient evidence is collected, they can help you seek compensation from the at-fault party’s insurer.

If the insurance company can’t agree on a fair settlement, your lawyer can help you file a lawsuit to pursue compensation in court. During this stage, both parties will engage in discovery, exchange evidence, and participate in depositions. If the case still isn’t settled, you’ll proceed to the trial phase, where a judge or jury will determine the outcome in litigation.

Fortunately, our trial lawyers have extensive litigation experience to represent your best interests in and out of the courtroom. We can advocate tirelessly for the fair outcome you deserve.

In the stressful aftermath of a wrongful injury, it can be tempting to accept the first offer from the insurance company. However, insurers have a reputation for pushing lowballed settlements to avoid fair payouts. Securing experienced representation is a must to pursue a fair settlement. At MR.LAW Accident & Injury Attorneys, we can fiercely protect your rights against evasive insurance companies and other involved parties while fighting for maximum compensation on your behalf.

Our attorneys can carefully evaluate your claim to assess and calculate all available damages, such as:

• Economic damages: These compensate the victim for direct financial losses, such as medical expenses, treatment costs, property damage, lost wages, and loss of earning capacity.
• Non-economic damages: These compensate the victim for indirect losses that aren’t easily quantified in monetary amounts, such as pain and suffering, emotional anguish, loss of enjoyment of life, loss of consortium, and scarring and disfigurement.
• Punitive damages: Unlike other damages, punitive damages are solely meant to punish the defendant for extreme malice or negligence, as well as deter similar behavior in the future.

After a pedestrian accident, it’s important to take the following steps:

1. Seek medical attention: Ensure your health and safety by visiting a doctor. This can rule out serious underlying injuries and establish formal documentation of your injuries.
2. Report the accident: If no one has done so, be sure to report the accident to law enforcement.
3. Exchange information: Collect insurance and contact information from other involved parties and any witnesses who saw the accident.
4. Notify your insurer: Inform your insurance company and the at-fault driver's insurance company about the accident.
5. Consult a pedestrian accident attorney: Seek counsel from a trusted lawyer with experience in pedestrian accident claims. Your attorney can help you navigate the claims process and advocate for fair compensation on your behalf.