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Car accidents involving a pedestrian victim are some of the most dangerous car crashes. The percentage of fatal accidents among pedestrian cases is far higher than for accidents involving two or more cars. If you or a loved one was injured or you lost a loved one to a pedestrian car accident, talk to an attorney about your case today.
The Dallas pedestrian accident attorneys at The Queenan Law Firm represent accident victims and their families. Our lawyers work tirelessly to get our clients the compensation they need for their injuries and losses, including medical expenses, lost wages, and pain and suffering damages. For help with your case, call our law offices today for a free consultation. Our number is (817) 476-1797.
Suing a Driver for a Pedestrian Accident and Injuries in Dallas, Texas
Texas is an “at-fault” state for car insurance. This means that, in any car accident case, the victim can decide to file through insurance to seek compensation for their injuries – or they can take their case to court. While the driver’s car insurance might cover some of the injuries and property damage their negligent driving caused, this may not be the best way to get your damages compensated.
When you file your case with the at-fault driver’s car insurance, you may be limited by their policy. Minimum insurance coverage in Texas only covers $30,000 in injuries per person, $60,000 in injuries per accident, and $25,000 for property damage per accident. This coverage might be far too low to cover your medical bills and lost wages if you were seriously injured. Additionally, insurance payouts typically do not cover the pain and suffering you face after an accident.
To get your damages fully compensated, you may need to take your case to court. Filing a personal injury lawsuit against the driver of the car that hit you can help you recover 100% of the medical expenses and lost wages you face, as well as ongoing medical care costs and lost wages from your reduced earning capacity. If your injuries caused severe pain and suffering, you may also be entitled to substantial sums to cover these damages. Texas law places no caps on the pain and suffering damages you can claim in a car accident, which means that these damages could be the biggest part of your claim. Filing through insurance blocks you from receiving pain and suffering damages.
If you lost a loved one, the damages you can receive in court may be the best way to compensate your loss. While the damages from a car accident can never fully compensate you for the death of a family member, they may be able to help your family continue supporting itself by covering lost wages, inheritances, investments, and other damages for the rest of your family.
When is a Driver at Fault for a Pedestrian Accident in Dallas?
In most cases, the driver of a car is in a much better place to avoid causing an accident than the pedestrian. Cars are capable of steering or braking to avoid hitting a pedestrian, and drivers are expected to be able to make split-second safety decisions like this. Especially if the pedestrian was blind, disabled, or already suffering from an injury, the responsibility of avoiding an accident generally falls to the drivers.
Texas law dictates that pedestrians in a marked crosswalk always have the right of way when they are following pedestrian control devices. “Walk” and “Do Not Walk” signs dictate when it is safe for pedestrians to cross the street at an intersection, and a driver that strikes a pedestrian when they are lawfully in the crosswalk is clearly at fault for the accident. Pedestrians who are struck while walking on the sidewalk or legally walking along a right-of-way are also usually innocent victims. Cars are never supposed to drive off the road, and hitting a pedestrian in these areas could clearly place that driver at fault.
Even in cases where pedestrians jay-walk or cross between crosswalks, they might still be able to recover compensation. Texas courts determine fault under “modified comparative fault” rules. This means that the court accounts for the fault of each party and compares how much they contributed to the accident. If a pedestrian stepped off the curb before the light changed or crossed in the middle of the street, the court might consider this partial fault. As long as the victim shared half the blame or less, they can still recover compensation for the accident. However, the compensation will be reduced by the percentage of fault the victim shared in causing the crash.
Our Dallas Pedestrian Accident Lawyers Offer Free Consultations
If you or a loved one was hit by a car, or if a family member was killed in a pedestrian car accident, talk to a Dallas personal injury attorney today. These accidents usually take a serious toll on the victim, since they have no car or airbags to protect them from the impact. For a free consultation to help understand what damages you might be able to claim, call The Queenan Law Firm today at (817) 476-1797.