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Award Winning Dallas Pedestrian Accident Attorneys You Can Trust to Fight for Your Rights
Mullen & Mullen Law Firm has been serving North Texas for nearly 4 decades.
Our corporate office is in Dallas, TX and we also have satellite locations in Plano, Frisco and Fort Worth. We are no-win no-fee injury lawyers with 38 years of experience maximizing Dallas pedestrian accident settlements.
There is absolutely no cost to you unless our Dallas attorneys win your pedestrian accident injury case. Get medical treatment upfront with no out of pocket, even if you don’t have health insurance or can’t afford your deductible.
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We won the 4th largest car crash injury settlement in Texas in 2019 according to TopVerdict™.
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About Dallas Pedestrian Accident Injury Claims
You Focus on Recovering While Our Dallas Pedestrian Accident Lawyers Focus on Maximizing Your Injury Settlement
Our Dallas pedestrian accident attorneys have been recovering damages for injury victims for 38 years. Our lawyers know the arguments the insurance companies will likely raise before they even raise them. Many of these accidents involve serious injuries and damages since people on foot are not protected in any form from the impact of a motor vehicle.
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 were also negligent in causing the automobile collision. 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.
Remember: In most pedestrian injury claims the at-fault driver’s insurance company will suggest you were also responsible for the collision. They can suggest you were not paying attention, walking too quickly, entered an intersection when it was unsafe, didn’t look both ways, or attempted to cross when it was unsafe.
How Can Our Pedestrian Accident Attorneys Help if You Were Injured in Dallas?
Our lawyers have been helping clients obtain financial recoveries for injuries sustained in accidents for 38 years. Our attorneys know the tactics of the insurance carriers. That’s why our in-house accident investigator will assist in developing your case under the direct supervision of your attorney.
How are Dallas pedestrian accident injury claims unique compared to regular auto accidents?
The vast majority of insurance issues and damages available in a Dallas 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 Dallas 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.
But, that’s far from the case. As with any personal injury claim, you can be totally or partially at fault or share none of the blame.
Take a look at a couple different situations where fault could lie on either side, and the law in Texas that helps determine fault:
Both drivers and pedestrians must exercise “reasonable care.”
The legal test for pedestrians is an objective one. This means that ideally, a typical person acts in a certain way in a given situation. This test applies to the pedestrian, regardless of what kind of person they really are. They could be low intelligence, high intelligence, or completely insane.
So, for example, it would be difficult for a pedestrian to say you were at fault if he or she walked through an intersection where you had a green light because they were messing around on their smartphone – assuming you weren’t breaking your own duty of care as a driver.
As a driver, you must also exercise a duty of care. If you drive distracted in any way, speed, don’t yield at a crosswalk, or are under the influence of drugs or alcohol, for example, you violate that duty of care. And when it comes to children ages 5 to 9, drivers have a higher duty of care because of children’s often unpredictable behavior. If you know, or should know, small children play in an area, you 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 say you were texting while driving and you hit a pedestrian doing the same thing while walking through a “Don’t Walk” sign. Both of you were negligent and violated your duty of care.
What happens then? Well, this is where things get complicated. The final outcome of the case depends 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. So if you were that pedestrian that got hit because of a distracted driver, but you also walked through a “Don’t Walk” sign, and the jury said you were 50% responsible for your injuries, you have the total amount you should have been awarded reduced by 50%. If that was originally $100,000, you would walk away with $50,000.
Personal injury lawyers offer free consultations to learn the facts of your case. So there’s no risk for you to talk to one 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?
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.
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.
Remember: 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?
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 in a Dallas Pedestrian Accident Injury Claim
If you were injured in a Dallas pedestrian accident and don’t have health insurance or can’t afford your co-pays and deductibles can you still receive medical attention?
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, medical doctors including pain management doctors and neurologists, chiropractors, surgical facilities, anesthesiologists, MRI facilities, radiology facilities, pharmacies, and hospitals in Dallas, Plano, Frisco, Fort Worth and all across North Texas.
What if surgery is needed after a Dallas pedestrian accident?
Our Dallas injury lawyers have assisted countless injured victims who required a surgery to recover from injuries sustained in accidents. The possibility of surgery, however, is dependent on adequate automobile insurance coverage being available.
How Can Our Dallas Pedestrian Accident Lawyers Help?
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 onset of your case to make sure it progresses as smoothly as possible.
The typical injury lawyer contingency fee on Dallas pedestrian accident injury claims not requiring the filing of a lawsuit is 33.3%
Normally 33.3% of the gross settlement proceeds obtained on behalf of the client goes to paying attorney fees. But our lawyers only charge 29%. This discount can equate to thousands more going into your pocket instead of an attorney’s.
Contact our pedestrian accident attorneys in Dallas, Plano, Frisco, or Fort Worth today. Discuss the specifics of your claim. Find out how our law firm with 38 years of experience can help!
Call (214) 747-5240 now or use the quick contact form on this page to request a free consultation. There is never a fee for our legal services unless we obtain a financial recovery for you.