If you think it is only the drivers who need to fear for their safety when on the road, think again. Pedestrian accidents are quite common and the frequency of pedestrians involved traffic accidents is staggeringly high, and the number of personal injury claims filed by pedestrians is much higher than what one may anticipate.
Accidents involving serious injuries to pedestrians are not all that uncommon and you may find yourself in such a situation even without sharing any of the blame. This means that your case deserves financial reimbursement from the liable party for any damages, economic and non-economic, that the incident caused.
Of course, that is a long way from lying on the sidewalk, writhing in agony due to the injuries sustained from the accident. The most important thing is to get legal representation from experienced professional pedestrian accident attorneys in Dallas who understand the local law and know how to put you in the best position in your case.
At Dunn Sheehan, our professional personal injury lawyers understand the complexities and possible outcomes of pedestrian accident cases and are equipped perfectly to assist you in the best possible way. We offer a free initial consultation and our legal representation is on a contingency fee basis, meaning you won’t have to pay us in advance for our legal services.
Read on and find out how pedestrian accident cases usually work out and how an accident attorney can help you.
Even the slightest negligence on part of a driver can lead to severe damage to a nearby pedestrian. There are several scenarios where pedestrians take the worse side of things, i.e. pedestrian-car accidents, pedestrian-truck accidents, pedestrian-bus accidents, pedestrian-motorcycle accidents, and so on – the situations are many.
It should be obvious that in any situation, a pedestrian is bound to take the brunt of the force, leading to severe damages. Depending on the intensity of the impact, the damages will also vary, ranging from minor bruises to fractures and organ damage. Unlike someone sitting inside a vehicle, a pedestrian does not have any shield or airbags to minimize the impact of a crash.
Drivers can crash into pedestrians if they’re distracted, speeding, drunk, drowsy, or otherwise negligent. Sometimes, drivers may fail to yield the right of way to the pedestrians, resulting in an accident; in other instances, nearby pedestrians simply get caught in a crash between two vehicles, i.e. rear-end collisions, speeding accidents, distracted driving accidents, head-on collisions, etc.
Unsuspecting pedestrians can be involved in crashes without having any share in the blame, and things are pretty severe even for bicycle accidents or a motorcycle accident; whatever the type of accident, the damages inflicted on a pedestrian will be severe. Of course, one has to be careful to prevent such occurrences, but in many cases, that is far from being enough to safeguard pedestrians from negligent drivers.
The injuries and damages caused by such accidents are usually severe. Even in moderately severe accidents, the pedestrians can sustain sub-surface damage, perhaps even fractures. However, many crashes are high-impact and the injuries sustained are also very serious and life-threatening.
Some examples of such damages are as follows:
Based on the intensity of the damages and what your medical provider has to say about the recovery period, your compensation for the injuries will vary. The pain and suffering brought by these injuries is in addition to the economic losses associated with medical bills, unpaid wages, extra expenses, property damage, and so on.
You must be mindful not to settle for a sum or even discuss a settlement with the other party until you have one of our personal injury attorneys take a look at your case details. We will ensure that the compensation you receive reflects the intensity of the damages sustained.
Documented evidence of the damages sustained, police reports, witness statements, and detailed medical records showing the extent of the injuries are all important when it comes to securing a fair settlement for your financial and non-economic losses. You can secure a strong position in the case through timely action, and though it may not always be possible in the moment, you should try and do as much as you can here:
After this, contact a capable accident lawyer and discuss your case with them. Share all the details and ask for an estimate for your economic and non-economic damages. Be careful not to discuss anything, save for the very basic stuff, with the insurance adjuster or attorney of the responsible party. Your words can be used to minimize your sufferings and losses, so you need to be very careful about what you say and how you say it – your personal injury attorney can help you prepare for the personal injury lawsuit or settlement negotiations.
The economic damages associated with the injuries caused by pedestrian accidents in Texas can be staggering. Since the damages associated with such motor vehicle accidents may only be reversed after prolonged treatment in some cases, it is easy to see how the economic losses can start mounting. Plus, the victim also has to go through the unbearable agony that comes with organ damage, broken bones, and so on.
There is no single sum or a fixed range for all personal injury cases. The amount given in compensation for the losses incurred following a pedestrian accident is typically reflected in the intensity of such accidents themselves. An injured person can sue the liable party for all damages, or can settle for a sum with them (or their insurance adjuster).
Of course, settling for a sum without knowing the full extent of your damages is not recommended and you should be mindful about how you deal with the settlement negotiations. But in principle, every consequence of the negligence must be compensated for in full, such as:
All of these damages constitute both the economic and non-economic losses incurred upon a victim or their families. However, on top of these damages, if the court finds evidence of some mal-intent on part of the responsible party or if gross negligence was involved, the jury may also award the victims or their survivors with punitive damages to punish the offender with extra monetary drains.
It is best to discuss your case with an experienced lawyer to be able to opt for the most suitable route in your case and to win the damages you rightfully deserve. Be sure to share all the details you can with your lawyer so they can recommend an appropriate course of action. It is best to get an estimated sum for the compensation for your losses beforehand so that it serves as a reference.
Yes, unless your share in the responsibility was the major factor. Pedestrians can be partly at fault in causing accidents, i.e. you may have crossed the road at a place other than the sidewalk or walked on the roadside.
If the other party can prove that you were more than 50% at the fault for causing the accident, you’ll be barred from demanding compensation. This is also possible if you, by mistake, say or do something that can be used against you, so be very careful.
Your lawyer will carefully assess the case if you are partly at fault and let you know what your chances are. If your share in the blame is less than 50%, you will be entitled to compensation but the sum will be reduced by your at-fault involvement in the case.
Personal injury lawyers are here for a reason – there is no way you can take on this fight on your own unless you’re fighting to lose or only to get nominal compensation. You need effective legal representation to secure a dominant position in the case and to minimize your direct involvement which can compromise the outcome of any settlement negotiations or lawsuit.
At Dunn Sheehan, our lawyers are committed to helping victims at all stages:
Pedestrian accidents can leave injury victims in deep pain and economic trouble. When tragedy strikes, all you can do is to move on and seek compensation for your economic and non-economic damages. This is where a team of competent personal injury attorneys from Dunn Sheehan will help you make a huge difference.
Not only do we offer a charge-free initial consultation where we lay all the facts and options before you, allowing you to make the best decisions for your case. We will not force you down a specific path, but instead show you the possible outcomes of every choice and then advise you wherever needed. Plus, our legal services won’t cost you anything upfront because we can work on a contingency fee arrangement.
Contact our office today (or fill out the online form) to get started with legal action against the liable party.