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When a vehicle hits a pedestrian, the results are catastrophic and can even be lethal. If you are fortunate enough to survive, a Dallas pedestrian accident attorney can help you recover the compensation you need to heal.
The sheer size of a motor vehicle next to a pedestrian means the consequences of a collision are almost always catastrophic. When you’re hit by a vehicle, you could suffer broken bones, traumatic brain damage, spinal cord injuries, amputations and even paralyzation. These damages can be debilitating and permanently impact life as you once knew it.p>
Strolling on the sidewalk and minding your own business, in your hometown, on a city street, or on vacation, should be a safe activity. Unfortunately, this is not always the case. In fact, thousands of pedestrians are injured in accidents in Texas each year. Individuals simply walking, even in a crosswalk or on the sidewalk, are hit by cars, trucks, buses, and even bicycles, due to no fault of their own. And the impact of a collision like this can be incredibly harmful. Pedestrian injuries often result in serious injuries that are costly to treat and difficult to overcome.
If you or someone you love has been injured in a pedestrian accident, there is a good chance you can file a lawsuit and be compensated for your losses. You see, many pedestrian accidents are the result of negligence by the driver of the offending vehicle. They likely did not exercise the appropriate level of care or take the necessary precautions to ensure that they met their duty of care for the safety of others.
Negligence claims regarding pedestrian accidents can be difficult to prove. The decision to work with an experienced pedestrian accident law firm is a wise one. These professionals can help determine if you have a case, manage the entire legal process, prove negligence and negotiate or litigate for an appropriate settlement.
Contact the pedestrian accident lawyer at Crain Brogdon, LLP at 214-522-9404 today to schedule a free consultation. We are anxious to hear your story and share our suggestions on the best way to proceed.
Surprisingly, there are a number of circumstances that can result in a pedestrian being injured while simply walking on the sidewalk or in a parking lot, or even standing on a corner. Most often, these accidents occur as a result of vehicular impact from cars, trucks, motorcycles and even bicycles. Some of the reasons for them include:
Sometimes other things can result in pedestrian injuries, as well. These include improper road signage, poor road conditions and mechanical issues with the vehicle. Discussing the circumstances surrounding your accident with a pedestrian injury attorney is the first step to determine whether negligence was at the root of the incident.
If you have been hit by a vehicle of any type you are well aware of how severe the situation can be. When an object in motion slams into an unsuspecting person, the resulting injuries can be disastrous. Clearly, being hit by a truck or car is traumatic, but even a collision with a bicycle can result in catastrophic damage. Some of the most common injuries resulting from such crashes include . . .
Clearly some of these are more serious than others, but all require medical attention and treatment. Sometimes, rehabilitation is necessary, and that can be incredibly time consuming and expensive. Some individuals suffer injuries from which they will never recover, including paralysis and disfigurement.
If your injuries were the result of negligence of another person or organization, you may be entitled to compensation. Our CBR personal injury lawyer can help determine whether you have a viable case.
If you have been injured in a pedestrian accident, you may be facing an uncertain future. The combination of painful and costly medical treatment and rehabilitation, the trauma of the accident, and your concerns for the future is a lot to handle. You are likely wondering how much you may receive if you file a lawsuit.
Compensation can vary greatly and is dependent upon a host of issues, such as the extent of the injury you sustained, what part of your body was injured, the existence of lasting disability or disfigurement, and also the impact of your injury on your ability to work and continue your usual activities.
Damages in Dallas personal injury cases, under which pedestrian injuries fall, are segmented into three specific areas. These include economic, non-economic and punitive damages.
Easy to quantify and calculate, economic damages can include the following:
Non-economic damages are very real, but can be difficult to assign a dollar value to. They may encompass:
The greater the impact your injuries have on your life, the greater your final compensation award will likely be. When your attorney calculates the value of your claim, you’ll have a better idea of what to expect once your case is resolved.
Finally, if the individual responsible for your injury showed gross negligence or malice, punitive damages may be awarded. These are designed to punish the offending party and serve as a deterrent to future similar behaviors.
If you were hit by any type of vehicle as a pedestrian, you are probably overwhelmed. The trauma of the accident, combined with the pain of your injuries and concerns for your future, is a lot to manage. It is not surprising that you have questions. Below we have shared some of the concerns our clients raise most often and our firm’s responses.
Your first course of action is always to obtain medical care; you must protect your well-being. Even if you think you are okay, it is wise to go to the hospital or, at the very least, see your doctor. The adrenaline from being hit could mask pain; and not all injuries are visible to the naked eye. A doctor will be able to document existing injuries. Hospital and doctor’s records are critical evidence for your case, helping to prove injury. If you were with someone else when you were hurt, you can ask them to take pictures of the accident scene and get the names and contact information for any witnesses. Additionally, write down what you remember happening. It is important to do this as soon as possible after the accident, while the details are fresh in your mind. Once you are able, contact a reputable pedestrian injury lawyer; the sooner you get this professional involved, the better. They can help with the investigation and begin work on your case immediately.
Yes, the value an experienced attorney can bring is considerable. Personal injury law in Texas is complex, and proving negligence can be challenging. Additionally, accurately identifying and calculating damages is difficult. You need to quantify abstract concepts as well as calculate medical care costs for the future. A seasoned attorney will know how to do all of this and will be able to substantiate damage demands in court.
In general, the statute of limitations in Texas for personal injury cases (under which pedestrian accidents fall) is two years. This means you have two years from the date of the accident to file your lawsuit. If you do not meet this deadline, your case will not be heard. However, there are some exceptions. For example, if your pedestrian injury was the fault of poor road conditions and you are suing the government, you may have even less time to begin your actions. Our Dallas pedestrian injury attorney can review your accident, determine the constraints and meet all filing deadlines.
You would file your lawsuit in Texas. You make your claim in the city and state where the incident occurred. Additionally, you would want to work with an attorney local to that area, as each state’s laws regarding personal injury differ.
The short answer to this question is, “Tell them nothing.” Refer them to your attorney. If you speak with them you may inadvertently disclose information that could negatively impact your settlement or even agree to compensation that does not adequately compensate you for your losses.
Yes, it does matter, but it does not mean that you cannot collect damages. Personal injury in Texas is subject to the Shared Fault rule. Basically, if you are 50% responsible for the accident, or less, and your attorney is able to prove the other party is negligent, you will still be eligible for compensation. So, assume you were crossing the street illegally, but the person who hit you was texting and not looking. You may be found to be partially responsible for the accident. If that is the case, the damages which you are awarded will be reduced by the percentage of fault you hold. Assume you are awarded $100,000 dollars in compensation, but are found to be 30% at fault; you will only collect $70,000.
Depending upon the circumstances of the accident, one person, organization or entity, or a combination can be found responsible. These can include the individual driving the vehicle (the car, truck, motorcycle or bicycle), the manufacturer of the vehicle (if there was some type of defect or malfunction), the individual’s employer (like UBER or LYFT, or a trucking company, if the driver was operating the vehicle within the course and scope of his employment and their employer’s actions or inactions contributed to the accident), or the state, local or federal government if the accident was the result of poor signage or road conditions.
Our goal is to settle your case during the negotiation phase, and we are usually successful. However, situations exist where the other parties simply won’t agree to a settlement that is appropriate for the impact of the accident on your life. When you work with us, we adopt your goals as our own, and we fight tirelessly for what we believe you deserve. In situations where we cannot reach an agreement, your case would go trial, and you would likely need to appear as a witness. To be honest, you are your case’s most valuable witness. Your firsthand account of the accident and its impact on your life is critical. That said, we understand that going to court is simply one more stressful responsibility. Our professionals will work closely with you to prepare you for the experience and will be with you, looking out for your best interests, the entire way.
Of course, you may have questions that are specific to your situation. Feel free to reach out to the Dallas pedestrian attorney at CBR at 214-522-9404. We are here for you and available to address all of your concerns.
Our team understands that you are likely in considerable physical pain and also struggling emotionally. After all, you have just been through a life-altering experience. The law firm with which you work must be experienced in handling Texas pedestrian injury cases and also has to appreciate and accommodate your personal needs. We are that firm. Consider the facts:
Our firm is well-regarded in Dallas, both for our record of success and our reputation for providing our clients with the highest quality, responsive service. We treat our clients as if they were our family members — you can rely on us!
Pedestrian accidents are frightening. Collisions come out of nowhere, and the physical injuries they cause are incredibly painful and often long-lasting. So is the emotional toll they take. The combination of these factors can affect both you and your loved ones for a lifetime.
At Crain Brogdon, LLP, we know you have a lot to handle. Simply the thought of embarking on a lawsuit can be incredibly stressful. Our approach to service is based on our team’s handling the entire legal process. We will take care of everything from investigating the accident and interviewing witnesses, to filing all appropriate paperwork, to determining and proving negligence, negotiating with insurance companies and arguing your case in court if necessary.
We will keep you apprised of our progress, and will always be available to answer your questions, whenever you have them.
Because we assume all responsibility, you can focus your energy on your recovery. You are dealing with so much, working with a firm who can take the legal and administrative processes off your hands is not a luxury . . . it’s a necessity.
Reach out to us today at 214-522-9404 to schedule your free consultation regarding your pedestrian accident injury. We are ready to listen to your story, learn about your experience and fight for justice on your behalf.
Quentin Brogdon has over thirty years of experience and expertise in the field of personal injury trial law. He is board certified in both personal injury trial law and civil trial advocacy. Quentin has received an AV rating from Martindale-Hubbell, the highest possible rating. This rating reflects an attorney’s ethics and abilities according to reviews from fellow attorneys. [ Attorney Bio ]