Topic: Filing a Pedestrian Accident Injury Claim

If You Were a Pedestrian Hit by a Vehicle We Let You Focus on Recovering from Your Injuries While We Focus on Maximizing Your Settlement

Many pedestrian accidents involve serious injuries and damages since pedestrians are not protected in any form or fashion from the impact.

Dallas premises liability attorneysRemember: You always hear that pedestrians have the right of way. That’s wrong. The insurance company for the negligent driver that hit you is likely to argue that you were also negligent in causing the accident. They will attempt to “speed you up” while simultaneously “slowing the at-fault driver down.” The police report might say the at-fault driver was inattentive in the parking lot but they will argue you were too.

Our Dallas pedestrian accident injury attorneys have been recovering damages for injury victims for over 30 years. We know the arguments the insurance companies will likely raise before they even raise them.

The vast majority of insurance issues and damages available in a pedestrian accident are similar to those available to the victim of an auto accident.

Please visit the Practice Area section for Car Accidents for a detailed Question and Answer session that should answer almost all of your questions regarding your potential case.

Included below are a few specific instances where pedestrian accidents are somewhat unique.

Pedestrians Don’t “Always” Have the Right of Way

Intersection Pedestrian Accident

Parking Lot Pedestrian Accident

Assistance With Obtaining Necessary Medical Treatment



Pedestrians Don’t “Always” Have the Right of Way

Q:                    You were a pedestrian hit by a car, motorcycle, or truck. You automatically win right since “Pedestrians always have the right of way”?

A:                         Nothing could be further from the truth. Pedestrians don’t always have the right of way. Insurance companies can – and will if possible – suggest that you did something to contribute to the pedestrian accident. 

Remember: In most pedestrian accident claims the at-fault driver’s insurance company will suggest you were also responsible for the accident. They can suggest you were not paying attention, walking too quickly, entered an intersection when it was unsafe to do so, didn’t look both ways, or attempted to cross when it was unsafe to do so.

How We Can Help You: We’ve been helping clients obtain financial recoveries for injuries sustained in pedestrian accidents for over 30 years. We know the tactics of the insurance carriers. That’s why our firm’s in-house private investigator will assist in developing your case under the direct supervision of your attorney.

Q:        If the police report puts you and the car, motorcycle, or truck driver at-fault can you still recover damages?

A:        It depends on your percentage of fault. You can recover damages as long as you were not more than 50.0% responsible for the pedestrian accident. Remember though that any monetary damages awarded our discounted by the percentage of fault assigned to you.


Intersection Pedestrian Accident

Q:        You began walking through an intersection when the electronic sign told you to do so. You automatically win right?

A:        Wrong. The insurance company could argue you that their insured had control of the intersection or that you failed to check for oncoming vehicles before entering the intersection – among other things.

Q:        You began walking through an intersection when the electronic sign told you not to do so. You automatically lose right?

A:        Not necessarily. You can potentially contend you had control over the intersection prior to the pedestrian accident. The at-fault driver can be found negligent if it is determined a reasonable and prudent driver would have avoided hitting you.

Remember: In the above scenario the insurance company would, of course, argue you were comparatively negligent.


Parking Lot Pedestrian Accident

Q:        You were hit by a car or truck in a parking lot. You automatically win right?

A:        No. The insurance carrier for the at-fault driver could argue that you were not paying attention to your surroundings and that a reasonable person would have seen a car or truck backing up, for example.

Q:        Does it matter if the collision caused you to fall to the ground or not?

A:        It can. If a parking lot accident didn’t knock you down to the ground the insurance company could argue that it would be impossible for a person to be injured in such an accident. In addition, pedestrian accidents where the victim has been knocked to the ground often involve more significant injuries.


Assistance With Obtaining Necessary Medical Treatment 

Q:        If you were injured in a pedestrian accident and sustained injuries but don’t have health insurance or enough income to take care of co-pays and deductibles can you still receive medical attention and care?

A:        Yes. Our Dallas pedestrian accident attorneys work with a variety of medical providers who agree to delay requesting payment for the services they render until your case has concluded. This allows you to focus on recovering from your injuries instead of worrying how you are going to pay for medical bills immediately following the pedestrian accident.

Q:        What type of medical providers does your firm work with?

A:        We work with orthopedic surgeons, medical doctors including pain management doctors and neurologists, chiropractors, surgical facilities, anesthesiologists, MRI facilities, radiology facilities, pharmacies, and – on some cases – hospitals.

Q:        What if surgery is needed?

A:        Our firm has assisted countless injured victims who required a surgery to recover from injuries sustained in a pedestrian accident or car accident or motorcycle accident. The possibility of surgery, however, is dependent on adequate automobile insurance coverage being available.

How We Can Help You: Our Dallas pedestrian accident attorneys will make sure all available insurance proceeds are at play. In fact, the majority of potential claims will be established at the onset of your claim to make sure your case progresses as smoothly as possible.


Internet Exclusive 28% Contingent Attorney Fee

Question: What is the typical personal injury lawyer contingency fee percentage contract on pedestrian accident injury cases not requiring litigation (pre-suit  cases)?

Answer: 33% of the gross settlement proceeds obtained on behalf of the client.

Question: What contingency fee percentage do you offer on pre-suit cases?

Answer: 28% of the gross settlement proceeds obtained on behalf of the client.

Question: How do you request this internet exclusive 28% contingency fee contract?

Answer: You must request the discounted rate on the day you sign-up with our firm. If you request the discount we will offer you the exclusive rate – so you keep more of your settlement proceeds.

Contact our pedestrian accident injury attorneys in Dallas, Plano or Fort Worth today for a free consultation. We’ll discuss the specifics of your case with you and explain how we can help you get the just compensation you deserve!