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Car accidents involving pedestrians are often some of the deadliest types of car accidents. Because pedestrians do not have the protection of a car’s crumple zones, airbags, and other safety devices, they can often suffer severe trauma after being hit by a car. Victims of lower-speed crashes may still suffer serious injuries, broken bones, brain trauma, or spinal cord injury that could require substantial recovery time and cause significant pain and suffering.
If you or a loved one was hit by a car in Arlington or the surrounding areas, call the Arlington pedestrian car accident lawyers at The Queenan Law Firm today. Our injury attorneys represent victims and their families in personal injury and wrongful death lawsuits, and we will fight to get the compensation you need after a serious pedestrian car accident. For a free consultation, call our attorneys today at (817) 476-1797.
Common Causes of Pedestrian Crashes in Arlington
Car accidents involving pedestrians commonly occur in city streets where pedestrians frequently walk along or cross the street. However, a surprising number of these crashes can also occur in suburban or rural areas where drivers may not expect to find someone walking along the road. In many cases, the driver is in a better position to avoid pedestrian accidents, and their duty to yield to pedestrians on their half of the road often helps prevent accidents. Still, the following scenarios commonly lead to pedestrian car accidents:
Turns Through Crosswalks
Drivers in Texas are required to yield to pedestrians in the crosswalk – but only if the pedestrian is on their half of the road. That means that pedestrians may commonly see drivers turning through their crosswalk, even while they have a “walk” signal or a green light. If one of these drivers fails to yield, they could easily strike a pedestrian and cause serious injuries.
Pedestrians on the Side of the Road
In many areas, there are no sidewalks for pedestrians to walk along the side of the road. Pedestrians should always walk facing traffic so that they can see oncoming cars, but speeding drivers, drunk drivers, or drivers who are not paying attention to the road could strike a pedestrian, especially at night or during bad weather when it is more difficult to see people walking.
Crossing Between Crosswalks
Pedestrians are required under the Texas Transportation Code to yield to vehicles if they are crossing anywhere other than a designated sidewalk. Pedestrians can misjudge a car’s distance or speed and step off the curb at a bad time, potentially leading to an accident. However, this does not give drivers the right to simply hit the pedestrian, and they must still make an effort to stop or swerve to avoid an accident. Speeding or drunk driving could make it harder to stop and cause the driver to share some responsibility for the crash.
Hopped Curbs
Drivers who were excessively speeding or otherwise driving recklessly or dangerously may hop a curb or cut a turn too closely while pedestrians are on the sidewalk. Cars should never drive up onto the curb, and any injuries a driver causes while doing so should be the driver’s fault.
Suing for Pedestrian Accidents in Texas
If you were hit by a car and needed medical care, missed work because of your injuries, or suffered from physical and mental pain because of your injuries, you may be entitled to substantial compensation for your injuries. Families who lost a loved one to a pedestrian car accident are also entitled to substantial compensation for their loss, especially if the deceased provided the primary income for your household.
When you take the at-fault driver to court, you will need to prove they were at fault before you can receive damages. The court will look at the totality of the circumstances involved in the crash when deciding fault. This means that if the driver violated traffic laws and failed to yield to a driver, those violations should make strong arguments for the driver’s fault. However, the court will also look at whether the victim stepped out into traffic at an unsafe time or crossed at an unsafe location and use that information in determining who is at fault.
Courts can assign partial fault to each party, and you can still recover financial compensation if you share some portion of the blame. When the court assigns fault to each party, they will usually do so with percentages. As long as you are 50% responsible or less, you can still recover compensation for the accident. However, your compensation will be reduced by the percentage of fault you shared, e.g., an accident worth $100,000 will lead to $90,000 in damages if you were 10% at fault.
You must also present evidence of your injuries to the court, and any damages you can prove were related to the crash should be compensated. Medical bills, bank statements, credit card records, and other financial records can help prove the financial harms you suffered. Your testimony and statements from your family can help prove what damages you suffered for pain and suffering and other intangible harms. Many damages related to the death of a loved one can also be calculated through financial records and testimony, potentially leading to compensation for funeral expenses, lost income, lost companionship, and other damages.
Call Our Arlington Pedestrian Accident Lawyers for a Free Legal Consultation
To schedule a free initial consultation on your pedestrian car accident case, contact The Queenan Law Firm today. Our Arlington pedestrian accident attorneys represent people who have been hit by a car and suffered serious injuries, pain and suffering, and financial damages. To schedule your free case consultation with our Arlington, TX personal injury lawyers, call our law offices today at (817) 476-1797.