About Pedestrian Accident Claims
Do pedestrians automatically have the right of way?
No. The insurance company for the negligent driver that hit you is likely to argue that you contributed to the incident in some form or fashion. They might attempt to “speed you up” while simultaneously “slowing the at-fault driver down.” The police report could state the at-fault driver was inattentive in a parking lot, but the insurance carrier could still argue you were too. They also love situations where they can say you didn’t look both ways or attempted to cross an area when it was unsafe to do so.
How are pedestrian injury claims unique compared to regular auto accidents?
The vast majority of insurance issues and damages available in a pedestrian accident injury claim are similar to those of a regular auto collision. Please visit our car accident injury claims page for detailed information that should answer most of your questions regarding your potential case. However, some things are unique to pedestrian accidents in Texas, and our attorneys have listed them below.
Who’s responsible in a pedestrian accident?
Some people think that pedestrians always have the right of way. If you’re driving and hit a pedestrian, you’re in big trouble, the thinking goes.
That’s not always the case though. As with any other personal injury case type, a pedestrian can be totally or partially at fault.
Both drivers and pedestrians must exercise “reasonable care.”
Pedestrians have a duty to exercise a reasonable degree of care. So, for example, it would be difficult for a pedestrian to say a motorist was at fault if he or she walked through an intersection because they were looking down at their cell phone while a driver had a green light.
Obviously, drivers also have a duty to exercise reasonable care. If a driver is distracted in any way, was speeding, didn’t yield at a crosswalk, or was under the influence of drugs or alcohol, for example, that would constitute a violation of that duty. When it comes to children, drivers have a higher duty of care because of the often-unpredictable behavior of children. If a driver knows, or should know, that small children play in an area, they have a duty to exercise greater caution while driving in that area.
If the police report puts you BOTH at-fault can you still obtain an injury settlement?
Let’s a motorist is texting while driving and hits a pedestrian that’s doing the same thing while walking through a “Don’t Walk” sign. Both parties are negligent and violated their respective duties of care.
What happens? Well, this is where things get complicated. The final outcome of the case will depend on the skill of your lawyer and the makeup of the jury.
Texas is a “modified comparative fault” state. This means that if you are found by a jury to be 51% responsible for your injuries or more, you cannot recover compensation. If you were the pedestrian above that was hit because of a distracted driver – but also walked through a “Don’t Walk” sign – the jury could determine you were 50% responsible for your injuries. In that scenario the total amount awarded to you would be reduced by 50%. If you were originally awarded $100,000.00 in damages, the jury award would be reduced to $50,000.00 based on your percentage of fault.
Personal injury lawyers offer free consultations to learn the facts of your case. There’s no risk for you to talk to visit with us to learn what the potential legal outcome of your case could be.
What if the Pedestrian Accident Happened at an Intersection?
If you began walking through an intersection when the crosswalk sign directed you to will you automatically win?
Nope. 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, amongst other things.
If you began walking through an intersection when the crosswalk sign told you NOT to will you automatically lose?
Not necessarily. You can potentially contend you had control over the intersection prior to the accident. The at-fault driver can be found negligent if it is determined a reasonable and prudent driver would have avoided hitting you.
In the above scenario the insurance company would, of course, argue you were comparatively negligent.
What if the Pedestrian Accident Happened in a Parking Lot?
If you were hit by an automobile in a parking lot, you automatically win right?
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.
Does it matter if the collision caused you to fall to the ground or not?
It can. If a collision 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, impacts where the victim has been knocked to the ground often involve more significant injuries.
Obtaining Medical Treatment
If you don’t have health insurance or can’t afford your out of pocket medical expenses can you still receive care?
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 injury claim has settled. This allows you to focus on recovering instead of worrying about how you are going to pay for your medical bills.
What type of medical providers do your Dallas pedestrian accident lawyers work with?
Our attorneys work with orthopedic surgeons, pain management doctors, neurologists, chiropractors, physical therapists, surgical facilities, anesthesiologists, imaging facilities, pharmacies, hospitals, and many other types of medical providers in Dallas, Plano, Frisco, Fort Worth, and all across North Texas.
What if surgery is needed after a pedestrian accident in Dallas?
Our Dallas injury lawyers have assisted countless injured victims who required a surgery to recover from injuries sustained in accidents. The availability of surgery, however, is dependent on adequate automobile insurance coverage being available.
Our attorneys will make sure all available insurance proceeds are at play. In fact, the majority of potential insurance claims will be established at the very onset of your case to make sure it progresses as smoothly as possible.