Experienced Dallas Pedestrian Accident Attorneys Ready To Serve You
Serving Pedestrian Accident Victims in Carrollton, Denton, Grapevine, Lewisville, McKinney, and Southlake
Today, traffic accidents do not only include car-on- car or truck-on- car collisions, they also include pedestrians being hit by a car or truck. Unfortunately, these accidents often result in serious injuries or death. In some situations, it can be difficult to identify the driver of the vehicle who hit you or your loved one, as these negligent drivers often leave the scene of the accident. At our firm, as Dallas pedestrian accident lawyers, we make it a point to track down drivers who try to avoid responsibility for the damage they have caused. We can help investigate the accident, identify the full extent of your damages, negotiate with the insurance company, and litigate your case in front of the judge or jury. Contact us today!
Why There Are Incidents Involving Pedestrians
Texas has one of the highest rates of pedestrian accidents in the country. According to a recent report by the University of Texas, the national rate of pedestrian accidents was 1.85 pedestrian deaths per 100,000 people. However, the pedestrian fatality rate in Texas was significantly higher, at 2.41 deaths per 100,000 people. More startling than that, Dallas had the highest rate of pedestrian fatalities in the state, with more than 4.3 pedestrians killed per 100,000 people. That figure was more than double the national average of pedestrian fatalities. Thus, more than one person out of every 25,000 Dallas residents dies in a pedestrian accident.
According to experts, warm weather contributes to a high pedestrian fatality rate. This makes intuitive sense, because more people are out and about when it is nice outside. However, the warm Dallas weather cannot be the sole reason for so many pedestrian fatalities.
Pedestrian accidents are preventable and, more often than not, involve the negligence of one or more drivers. The most common causes of Dallas pedestrian accidents are:
- Distracted driving,
- Reckless driving,
- Failure to yield the right of way,
- Vehicle malfunction,
- Impaired driving,
- Frustrated or impatient drivers,
- Driver confusion when navigating construction zones, and
- Backing out of a driveway or parking spot.
We have experience addressing these and many other causes of pedestrian accidents.
Common Pedestrian Accident Injuries and Their Long-Term Effects
The scope of injuries varies widely, but many are severe due to the impact force between a large vehicle and the human body. Here are some common injuries we see resulting from pedestrian accidents.
The impact of an accident frequently causes broken bones, particularly affecting arms, legs, and ribs. While some minor fractures might heal within a few weeks, more complex fractures often require surgical intervention and take several months to heal. Long-term effects may include reduced mobility, arthritis, and, in some cases, permanent deformity, impacting the quality of life indefinitely.
Traumatic Brain Injuries (TBI)
If you strike your head or another object, it can result in a concussion or more severe TBI, like a cerebral contusion or hemorrhage. Mild TBIs may require a few weeks for recovery, but severe cases can result in permanent cognitive impairment, affecting memory, speech, and motor functions. It’s important to note that even a seemingly minor concussion could have lasting effects. The risk of a more serious TBI increases with each subsequent concussion.
Spinal Cord Injuries
Spinal cord injuries can result in either partial or complete paralysis. The recovery process is often long and strenuous, involving extensive rehabilitation. In a worst-case scenario, spinal cord injuries can result in permanent paralysis, requiring full-time care, home modifications, and adaptive technologies.
The force exerted during an accident can cause internal bleeding or organ damage, which might not be immediately apparent. However, it can be life-threatening. Surgery is often required to control bleeding and repair organs. Long-term consequences can include compromised organ function, leading to chronic issues such as digestive or respiratory problems.
Lacerations and Abrasions
While lacerations may seem minor, they often require stitches and carry the risk of infection. Scarring can be a long-term cosmetic concern and may require skin grafts or other forms of reconstructive surgery if the wound is deep enough.
The mental scars from pedestrian accidents can sometimes be more debilitating than the physical ones. Many victims have PTSD, long-term anxiety, and depression, requiring long-term psychological treatment. The emotional toll can also interfere with your personal relationships and the ability to work or perform daily activities.
In the most unfortunate cases, pedestrian accidents result in fatalities. If someone else’s negligence resulted in a family member’s death, please contact Hartley Law Firm to learn more about filing a wrongful death action.
Damages Following a Dallas Pedestrian Accident
If you’ve been injured in a Dallas pedestrian accident, you can bring a Texas personal injury lawsuit against the negligent driver. While there is no legal requirement to work with a legal practitioner, retaining the assistance of a dedicated Dallas pedestrian accident attorney can make the process much easier and increase your chances of success.
To succeed in a pedestrian accident claim, you will need to meet several elements to establish the driver’s liability. These include,
- Proving the driver owed you a duty of care;
- Showing that the driver violated the duty they owed to you;
- Establishing that the driver’s negligence was the cause of your injuries; and
- Identifying specific damages you suffered as a result of the driver’s negligence.
If a negligent driver hit you , you may be entitled to compensation for the injuries you sustained. While Every case is different and the amount of damages you ultimately recover will depend on several factors, the following are among the common types of damages you can recover in a pedestrian accident:
- Past and future medical costs,
- Pain and suffering,
- Mental anguish,
- Lost wages/lost earning capacity, and
Calling an experienced Dallas pedestrian accident attorney is the first step toward obtaining the compensation you need and deserve after suffering serious injuries.
Dallas Pedestrian Accident FAQs
Getting hit by a motor vehicle while you are on foot can be devastating. Most victims never see the crash coming, and without any form of protection, the resulting injuries can be significant. If you suffered injuries in a Dallas pedestrian accident, you need an experienced personal injury legal practitioner on your side. Contact the Hartley Law Firm as soon as possible, so we can help get you the financial compensation you deserve.
Our Dallas pedestrian accident attorney is always here to answer your questions and provide the information you need. Meanwhile, these are some of the most common questions we hear from pedestrian accident victims.
When Should I Contact a Dallas Pedestrian Accident Lawyer?
Contact an experienced pedestrian accident attorney as soon as possible after you are struck. This helps ensure that your lawyer can investigate the scene and interview witnesses while the incident and evidence are still fresh. The sooner we can get started on your case, the sooner we can reach a settlement and get a check in your hands.
What Are the Common Causes of Pedestrian Accidents?
Driver negligence is a very common reason for pedestrian accidents. Pedestrians may suffer unsuspecting danger due to driver inattention, speeding, failure to stop at a traffic signal, and a host of other possible driving violations. Common causes of pedestrian accidents include the following:
- Driver distraction—When drivers engage in distracting activities like using mobile phones or other devices, fidgeting with their radio, looking for items, putting on makeup, eating, drinking, or driving when tired, they put pedestrians at risk.
- Failure to yield—Pedestrians may cross a street when the walk signal illuminates on a crosswalk, but when no walk signal exists, pedestrians still have the right of way, and drivers must yield to them. Drivers who are not paying attention may not see pedestrians and hit them in these situations.
- Parking lot—Pedestrians may be hit when walking to and from their car in a parking lot. A driver may be backing out of a parking space and may be distracted or simply fail to properly check for pedestrians before moving.
Even at slow speeds, these accidents can result in serious injuries. Our Dallas pedestrian accident lawyers carefully evaluate the facts surrounding your accident to determine liability.
What Are the Most Dangerous Locations for Pedestrians in Dallas?
Based on the recent statistics analyzed by Value Penguin, 34 pedestrian fatalities occurred on Dallas’s Loop 12 between 2016 and 2020, making up 1.1% of total fatalities in Texas. Additionally, Dallas had 2.20 pedestrian fatalities per 10,000 residents from 2016 through 2020. This figure puts Dallas third in the state for pedestrian fatalities, suggesting that pedestrians must be exceptionally cautious when navigating the city on foot.
High-speed roads like interstates and U.S. highways are notably dangerous. I-35 is recognized as the most dangerous highway in Texas, with 196 accidents and 198 fatalities, accounting for 6.2% of overall pedestrian deaths between 2016 and 2020. About 37.6% of pedestrian fatalities in Texas occurred on such roads. State routes and farm-to-market roads were the scene for another 28.8% of deaths. The combined statistics reveal that two-thirds of pedestrian fatalities happen on federal or state roadways, making both Loop 12 and I-35 particularly high-risk areas.
77.3% of pedestrian fatalities occurred on a roadway, while 10.2% occurred at an intersection and 5.4% in a marked crosswalk. Given that the majority occurred on a roadway, it’s not surprising to see the top three causes of pedestrian fatalities for this time period were:
- Pedestrian failing to yield,
- Walking or running along the roadway, and
- Crossing an expressway.
While certain areas can be dangerous for pedestrians, it’s crucial to remember that drivers are not always 100% at fault. Hiring an experienced Dallas pedestrian accident lawyer can help you build a strong case.
Determining Liability Based on Pedestrian Location
Liability in a pedestrian accident often depends on the specific circumstances of the incident, including the location of the pedestrian at the time of the accident. As noted in the above-referenced pedestrian fatality statistics, many recent fatalities occurred on interstates and highways. A vehicle driver is not always 100% at fault in these pedestrian-related accidents. That’s why you must establish liability before you can recover compensation. Here’s a look at liability in different pedestrian settings:
- Crosswalks—drivers are generally required to yield the right of way, which typically places liability on the driver;
- Sidewalks— a driver hitting a pedestrian on the sidewalk is almost always at fault, barring some extraordinary circumstance;
- Parking lots—pedestrians and drivers can share liability, depending on the accident circumstances;
- Jay-walking or mid-block crossings—pedestrians are often found at least partially at fault for crossing outside a designated area; and
- Interstates or highways—it’s generally illegal for pedestrians to be on interstates and highways, but drivers can still be partially at fault depending on the circumstances.
Determining liability is rarely straightforward, even in a pedestrian accident—traffic laws, surveillance footage, and witness testimonies all play a role in determining fault.
Is There an Average Settlement for My Accident Claim?
Skilled Dallas pedestrian accident lawyers advise clients that an average settlement for a pedestrian accident lawsuit doesn’t exist. Each accident claim is comprised of different facts and circumstances, and all of these impact the potential settlement value. The following factors impact a pedestrian accident lawsuit and settlement values:
- The severity of your injuries;
- Whether you had to miss work due to your injuries;
- The nature and extent of your injuries;
- The impact of your injuries on your daily life;
- Whether your injuries are permanent; and
- Whether there is a definite determination of fault.
Dallas pedestrian accident attorneys review the specific facts of your case to obtain a range of settlement values for your case. Your injury attorney can help determine a range of values you can reasonably expect during settlement discussions.
What If I Did Something to Cause My Pedestrian Accident?
Even if you believe you did something to contribute to your injury accident, talk to an attorney as soon as possible. Without knowing all the details, you can’t be certain that you were at fault. We can investigate the accident and, if necessary, use an accident reconstruction expert to help us prove fault for your injuries. Even if you did contribute to the accident, you can still recover some compensation for your damages in most cases.
Should I Talk to the Insurance Company?
After any type of personal injury accident, the at-fault party’s insurance company will likely contact you and ask for a recorded statement. Never talk to the insurance company or provide a statement until you speak to a lawyer. This recommendation also applies to your own insurance company in most cases. Insurers can (and will) use anything you say against you in an attempt to reduce the amount of your claim or as a basis for denying your claim outright.
Will My Case Have to Go to Court?
In most instances, we successfully negotiate an insurance settlement for our clients. This is ideal because it gets you the financial resources you need as quickly as possible. A settlement also helps you avoid the time, hassle, and expense of a trial. If we can’t negotiate a settlement, however, we will stand ready to file a civil lawsuit and make your case in the courtroom.
How Can a Dallas Pedestrian Accident Attorney Help Me?
When you trust Dallas pedestrian accident lawyers from the Hartley Law Firm, you will have the benefit of our extensive knowledge and expertise. We are a small firm with substantial legal experience. This allows us to provide a highly personalized level of service and tailor our legal strategies specifically to your needs. We handle everything so you can focus on your health and recovery. Throughout the process, we will be there for you, fighting to get you justice and fair financial compensation for your injuries and other damages.
We offer a free consultation and case analysis to help you get started, and you owe no legal fees until we recover compensation on your behalf.
Let the Hartley Law Firm Fight for Your Compensation
If you or a loved one has been hit by a car or truck while walking and it was not your fault, you will need a skilled Dallas pedestrian accident lawyer. Hartley Law Firm documents the scene, contacts witnesses, and tracks down the driver if they left the scene. Give our Dallas pedestrian accident attorney a call today or submit a contact form for a free in-person consultation.
The Hartley Law Firm handles other types of cases as well, including:
- Personal Injury
- Wrongful Death
- Bike Accidents
- Head and Brain Injury
- Burn Accident Injury
- Bus Crash Accidents
- Catastrophic Injuries
- Construction Site Accidents
- Motorcycle Accidents
- Uber & Lyft Accidents
- Car Accidents
- Trucking Accidents
- Premises Liability
- Worksite Accident Injury
- Dog Attack
- Sexual Abuse
- Medical Malpractice
- Nursing Home Abuse
- Oil Field Accidents
- Spinal Cord Injury