If you or a loved one were in a vehicle-pedestrian accident in Dallas, the law might entitle you to compensation. You should talk with an experienced pedestrian accident lawyer at Brooker Law, PLLC, about how to move forward with an auto accident claim.
By pursuing an insurance claim or personal injury lawsuit, you can fight for compensation for your medical bills, lost income, pain and suffering, and more.
Pedestrians can get hurt in accidents with bicycles, scooters, and mopeds. But the most common and more serious type of pedestrian accident is being struck by a vehicle. At Brooker Law, PLLC, we routinely work with people who were hit by a car when they were walking to work, out for a job, or just grabbing the mail from the end of the driveway.
Pedestrians Accidents in Parking Lots
Many vehicle-pedestrian accidents happen in busy public spaces, like parking lots and parking garages. Negligent drivers fail to keep a lookout when backing up or turning a corner. Pedestrians who have no choice but to share space with traffic are put at risk.
Pedestrian Accidents in Crosswalks
Negligent drivers routinely strike pedestrians in marked and unmarked crosswalks. This is a particular issue during left and right turns. Pedestrians may have the walk sign while the drive also has the green light or the right to turn on red.
Why Pedestrian Accidents Happen
A majority of pedestrian accidents happen because of a careless or reckless driver behind the wheel. Some of the most common reasons drivers collide with pedestrians include:
- Running a red light or stop sign
- Failing to yield the right of way to pedestrians
- Making a right turn on red without checking the crosswalk
- Making a left turn without checking the crosswalk
- Backing up out of driveways and parking spots
- Using a cellphone while driving
- Looking or reaching for something in the car while driving
Distraction is a major factor in pedestrian accidents. Anything that causes the driver to look away from the road, even for a few seconds, increases the risk of that driver colliding with a person or vehicle. Manual distraction, when the driver takes their hands off the wheel, also is a problem. A driver who has to quickly grab the wheel is less likely to avoid a collision and might cause a crash by over-correcting.
Important Texas Pedestrian Laws
It’s important for drivers to know that pedestrians usually have the right of way. Under the Texas Transportation Code, pedestrians have the right of way over vehicles when:
- Crossing the street at an intersection controlled by a stoplight, and
- At intersections controlled by electronic pedestrian crossing signals.
Even if the intersection isn’t controlled by a stoplight or walk sign, the driver is supposed to yield to the pedestrian. This is particularly important for pedestrians using unmarked crosswalks. Many drivers are confused by unmarked crosswalks, but they need to stop for pedestrians there too.
Whenever a driver comes upon a pedestrian who is trying to cross the street, they should yield to that person. Not only is it usually the law, but it’s also the safest thing to do.
Common Pedestrian Injuries
If you or a loved one were struck by a car, a doctor might diagnose you with:
Bone Fractures: A person struck by a vehicle, even one driving at moderate speeds, is likely to suffer multiple broken bones.
Soft Tissue Injuries: A pedestrian accident victim will likely experience injuries to their muscles, tendons, and ligaments.
Neck and Back injuries: A car crash victim might suffer neck and back injuries, including broken vertebrae and herniated discs.
Spinal Cord Injuries: A person struck by a car might sustain a complete or incomplete spinal cord injury, which can lead to loss of movement, loss of sensation, and myriad other repercussions.
Traumatic Brain Injuries: A pedestrian accident victim might suffer a concussion or a more serious TBI. The most severe TBIs can lead to coma, vegetative state, and death.
Loss of Limb: A pedestrian-vehicle accident can lead to crushed limbs that require surgical amputation or cause a traumatic amputation.
Polytrauma: A pedestrian who is struck by a car is likely to suffer several severe injuries at once.
Post-Traumatic Stress Disorder: A sudden crash that leads to serious injuries also impacts a person’s emotional and psychological health. The victim might experience depression, anxiety, PTSD, sleep disturbances, and other mental health conditions.
Brooker Law, PLLC, is highly experienced in helping people suffering from serious and catastrophic injuries.
Can the Driver Blame Me for the Accident?
It’s not uncommon for a driver to say a pedestrian was in the wrong. This might feel like finger-pointing, but it’s a common defense because it’s helpful. When a driver says the pedestrian was also at fault, it forces the court to evaluate both party’s conduct and assign blame.
Texas uses a modified comparative negligence rule, under which the jury assigns each person a percentage of fault between zero and 100 percent. The jury might find you weren’t responsible at all for the crash, or it might assign you some blame.
As long as you are less than half at fault, you can still receive compensation. However, your compensation will be reduced by your percentage of responsibility. For example, if the jury says you were 10 percent at fault, then your final amount of compensation is reduced by 10 percent.
If the jury finds you’re 51 percent or more at fault, then the law prohibits you from receiving any compensation.
Call Brooker Law, PLLC, to Schedule a Free Consult
At Brooker Law, PLLC, we understand how traumatic pedestrian accidents are. We know you’re suffering from serious injuries or grieving the loss of a loved one right now. Talk with us about what happened. Let us explain your options.
Our firm is here to guide you through the personal injury or wrongful death claim process and to fight for you to receive maximum compensation. You can reach out to us through our online form or call (214) 217-0277.