If you’re facing serious injuries in or Texas due to another person’s or corporation’s negligence, recklessness, dangerous actions, car or truck accident, or faulty products, it’s crucial to get legal representation from Dunham & Jones, the Trusted Texas Personal Injury Attorneys. Dunham & Jones can help you recover compensation for medical costs, income losses, pain, suffering, and other damages through a meticulously crafted personal injury or wrongful death claim in Texas. Call 888-222-9746 now for your free injury case review and discuss your case in detail.
Every day, thousands of people walk the roads and sidewalks in Texas. Unfortunately, not all of these pedestrians make it home safely. Careless and reckless drivers often put pedestrian lives at risk. At Dunham & Jones, Attorneys at Law, we are passionate about helping injured victims recover from serious auto-pedestrian accidents. Our Texas pedestrian accident attorneys have extensive experience dealing with catastrophic and life-changing injuries. If you or a loved one has been involved in a pedestrian accident, call us today at 888-222-9746 for a FREE consultation with one of our lawyers for assistance.
Pedestrian accidents often cause serious injuries, ranging from internal wounds to broken bones and spinal cord damage. Seek medical assistance immediately after being struck by a motor vehicle, even if you do not believe you were seriously hurt.
Hiring a Texas pedestrian accident attorney can help you secure the best possible outcome in your legal case. Your injury lawyer can:
- Collect evidence
- Negotiate with the insurance company
- Bring in witnesses to strengthen your claim
Remember, your time to file a claim may be limited by the Texas statute of limitations on personal injury lawsuits. In most cases, you have two years from the date of your injury or accident to file a claim.
What Are a Pedestrian’s Rights in Texas?
Drivers in Texas have a responsibility to pay attention, obey traffic laws, and respect pedestrians’ rights to the road. State law gives pedestrians the right-of-way in marked and unmarked crosswalks and intersections. This means that drivers must yield to pedestrians crossing the road in these locations.
Key Pedestrian Rights:
- Right-of-Way at Crosswalks and Intersections: Pedestrians have the right-of-way in both marked and unmarked crosswalks and intersections. Drivers must yield to pedestrians in these areas.
- Duty of Care: According to Texas Transportation Code Section 552.008, drivers always have a duty to exercise due caution to avoid collisions with pedestrians. This is especially true when the pedestrian is a child or an “obviously confused or incapacitated person” in the road.
- Driver Responsibility: Drivers must be vigilant and avoid negligent behaviors such as speeding, distracted driving, or running red lights, all of which can endanger pedestrians.
Legal Implications for Drivers:
- Fault in Accidents: If a motor vehicle driver violates any of these rules, they could be found at fault for a related pedestrian accident in Texas.
- Liability: Drivers found at fault for pedestrian accidents may be liable for the victim’s medical expenses, lost wages, pain and suffering, and other damages.
Texas Pedestrian Accident Statistics
The Texas Department of Transportation provides valuable information about crash-related statistics each year. While they do not typically break down pedestrian accident statistics at the city or county level in published formats, we do have state-level data:
- Total Pedestrian Crashes: 4,856
- Total Fatalities: 715
- Suspected Serious Injuries: 1,155
- Suspected Minor Injuries: 1,612
- Possible Injuries: 1,389
These numbers highlight the severe impact of pedestrian accidents in Texas. Pedestrians often sustain significant injuries when struck by motor vehicles. The initial impact with the vehicle can cause severe trauma, and the secondary impact with the ground or another object can further exacerbate the injuries.
Call Dunham & Jones at 888-222-9746 to schedule a free consultation with an injury attorney and learn how we can help you with your Pedestrian Accident case. Dunham & Jones was established in 1989 and is dedicated to helping it’s clients get the best results.
Common Pedestrian Accident Injuries
When a pedestrian gets hit by a car, the injuries can be catastrophic, often affecting the victim for the foreseeable future and potentially leading to long-term disability. Children and the elderly are especially susceptible to life-threatening and fatal injuries in pedestrian accidents in Texas. Pedestrian-vehicle collisions can inflict various types of physical injuries, including:
- Broken Bones
- Soft-Tissue Injuries
- Muscle and Ligament Damage
- Knee Injuries
- Lacerations and Contusions
- Road Rash
- Neck Injuries and Whiplash
- Back Injuries
- Abdominal Injuries and Internal Bleeding
- Spinal Cord Injuries and Paralysis
- Traumatic Brain Injuries
These injuries can incur substantial medical costs and inflict significant emotional and psychological trauma on the victim. If someone passes away after being struck by a car in Texas, surviving loved ones can be left with immense pain, grief, and mental anguish. Filing a pedestrian accident claim can bring an at-fault driver to justice.
Most Common Causes of Pedestrian Accidents in Texas
Pedestrian accidents occur in various ways across Texas, with urban areas being particularly prone to such incidents due to higher population density and traffic. Some of the leading causes of pedestrian accidents that we help clients with include:
- Distracted Driving
- Impaired Driving
- Speeding or Operating Too Fast for Conditions
- Failing to Yield the Right of Way at a Crosswalk
- Illegal Turns
Pedestrian Rights and Responsibilities:
- Right of Way: Pedestrians have the right of way when on sidewalks, crossing in approved crosswalks, and in parking lots.
- Driver Responsibilities: Even if a pedestrian is not crossing in an approved or marked crosswalk, drivers are still required to slow down and yield to a crossing pedestrian.
Shared Fault:
While there are situations where a pedestrian could share fault for the incident, the overall responsibility for pedestrian safety primarily falls to drivers. Drivers operate larger vehicles that can cause significant injuries if something goes wrong. Therefore, they must exercise caution and adhere to traffic laws to ensure pedestrian safety.
What to Do After a Pedestrian Accident
If you have sustained an injury in a pedestrian accident caused by someone else’s negligence, there are several important steps you can take to help ensure that you recover full compensation for your losses:
- Contact the Authorities: Call 911 and report the accident to the police. It is crucial for them to investigate the incident and complete an accident report. This report will be vital for any insurance claim or jury trial.
- Seek Medical Attention: Even if you do not feel immediate pain, seek medical treatment as soon as possible. This ensures your well-being and establishes a strong link between the incident and any injuries that occur.
- Gather Evidence:
- If possible, use your phone document the scene. Make sure to take pictures, including:
- Damage to vehicles
- Injuries
- Traffic and lighting conditions
- If possible, use your phone document the scene. Make sure to take pictures, including:
- Collect Witness Information: Get the names and contact information of any eyewitnesses.
- Call an Injury Attorney: A skilled pedestrian accident lawyer in Texas can help handle every aspect of your case, including:
- Preserving evidence
- Handling communications with insurance carriers and other parties
- Initiating the process of recovering compensation
- Report the Incident to Your Insurance: Inform your auto insurance carrier if you were struck by a vehicle. Your insurance carrier will initially communicate with the other driver’s insurance carrier. Allow your attorney to handle further communications with any insurance carrier involved.
- Continue Medical Treatment: Follow through with all medical treatments until your doctors determine that you have reached maximum medical improvement. Discontinuing care early can harm your case and limit your ability to recover additional compensation.
How Long Do I Have to File a Pedestrian Accident Lawsuit in Texas?
Every state imposes limitations on the time individuals have to file lawsuits after being injured by someone else’s actions. In Texas, the statute of limitations for filing a pedestrian accident lawsuit is two years from the date of the injury. If a pedestrian accident victim fails to file a lawsuit within this two-year period, they will not be able to recover the compensation they are entitled to. It is also critical to understand that insurance carriers have their own deadlines in place that you need to be aware of. It is important speak to your injury attorney when working to recover compensation either through an insurance settlement or a personal injury lawsuit.
What Types of Compensation Can a Texas Pedestrian Accident Victim Recover?
Texas pedestrian accident victims may be entitled to various types of compensation if their incident was caused by the negligence of another individual or entity. Our team at Dunham & Jones can work to recover both economic and non-economic losses for every client we help.
Economic Damages
Economic damages are expenses that can be calculated by gathering receipts and bills incurred after the incident. These include:
- Medical Bills
- Lost Wages
- Out-of-Pocket Expenses
- Property Damage
Non-Economic Damages
Non-economic damages are harder to calculate as they pertain to more immeasurable losses that a pedestrian accident victim is likely to experience. These include:
- Physical Pain and Suffering
- Emotional and Psychological Trauma
- Loss of Quality of Life
- Loss of Consortium
Factors Influencing Compensation Amounts
There is no set amount of compensation available for Texas pedestrian accident victims. Various factors can influence the amount of compensation, including:
- Severity of Injuries
- Recovery Time
- Shared Fault
- Impact on Employment
Call Dunham & Jones today at 888-222-9746 to schedule a free consultation with a Texas Texas Pedestrian Accident lawyer. Texas Pedestrian Accident cases need an experienced injury law firm such as Dunham & Jones. Dunham & Jones was established in 1989 and is dedicated to helping it’s clients get the best results.
Will Your Texas Pedestrian Accident Claim Go to Court?
Understanding whether or not your pedestrian accident claim in Texas will go to court can be challenging. The vast majority of vehicle accident and pedestrian accident claims are settled through agreements with insurance carriers. However, this does not necessarily mean that settling is always the best option.
Insurance Settlements
Insurance carriers aim to maximize their profits by minimizing the compensation they payout for claims. They often start with a low settlement offer. Your attorney can help negotiate with the insurance carrier to ensure you receive fair compensation. However, if the insurance carrier refuses to offer a fair settlement or denies your claim altogether, it may be necessary to file a civil personal injury lawsuit against the at-fault party.
Filing a Lawsuit
Filing a lawsuit does not mean your case will automatically go to court. Here’s what happens after you file a lawsuit:
- Discovery Process: This phase involves both sides exchanging information and evidence related to the case. Depositions from witnesses and involved parties may be taken during this time.
- Settlement Negotiations: As the discovery process moves forward, it is common for cases to settle. Negotiations often continue throughout this phase, and many cases are resolved without going to trial.
- Going to Court: If a settlement cannot be reached during the discovery process, your case may go to a jury trial. This is when you will have to go to court and present your case before a judge and jury.
How Will You Pay Medical Bills While You Wait for a Settlement?
We understand the challenges pedestrian accident victims face when it comes to paying their bills after these incidents occur. Medical bills can start piling up quickly, and individuals cannot afford to delay seeking treatment until a settlement or jury verdict is reached. Here are a few different routes toward covering medical expenses while waiting for a settlement:
- Private Health Insurance
- Coverage Options: Utilize your own health insurance coverage, whether it is private insurance, Medicare, or Medicaid, to pay for immediate medical expenses.
- Reimbursement: If your claim against another party is successful, you may need to reimburse the insurance carrier from the final settlement or jury verdict.
- Personal Injury Protection (PIP) Insurance
- PIP Coverage: If you have opted to carry personal injury protection (PIP) insurance through your personal auto insurance, this can provide interim benefits.
- Expense Coverage: PIP coverage can help pay for medical expenses, up to the limits of your policy, after a pedestrian accident.
- Medical Provider Agreements
- Continued Care: In some cases, your attorney can negotiate with your medical provider to continue treating you until a settlement or jury verdict is achieved.
- Medical Liens: The healthcare professional may place a lien on your final settlement or jury verdict, ensuring they are reimbursed as soon as the payment comes in.
Contact Us Today
You don’t have to recover from a harmful pedestrian accident in Texas alone. Our dedicated pedestrian and car accident lawyers are here to help you understand and protect your rights in the fight for justice and fair financial compensation. We are committed to ensuring that you and your family have everything you need to move forward after a traumatic accident. Our team will handle every aspect of your case, from gathering evidence and negotiating with insurance companies to representing you in court if necessary. Call us today at 888-222-9746.
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