Unlike many of the East Coast cities, Dallas, Fort Worth, and other Texas cities are not primarily walking cities. Texans primarily drive to their destinations, and while they are accustomed to looking out for other vehicles, they are not accustomed to looking out for pedestrians who may be crossing the roadway. In most cases where pedestrians are hit in Texas, it is often the fault of the driver, who simply failed to see the pedestrian in the roadway. Whether the driver was not consciously looking out for them or simply distracted while driving makes no difference; it is the pedestrian that pays the price. Make no mistake; in Texas, just like in New York City, hitting a pedestrian is illegal.
Pedestrian/vehicle accidents in Dallas, Fort Worth, or anywhere in the State of Texas, are usually one-sided affairs. Although all Texas pedestrians should be aware of their surroundings and obey all applicable traffic laws, it is frequently the careless behavior of the driver that results in a Texas car accident involving a pedestrian. If you are involved in a Texas car accident, it is important to understand your rights as an accident victim. When a driver strikes a pedestrian, the injured party has the right to pursue legal action for medical expenses, pain and suffering, loss of earnings, scarring, and physical impairment caused by the Texas pedestrian accident.
With offices in Dallas, Fort Worth, Houston, and Sherman, Texas, Tate Law Offices represents clients from Texas and across the nation who have been involved in pedestrian accidents. Our experienced team of Texas pedestrian accident attorneys not only has extensive experience filing lawsuits for a variety of claims, but is also dedicated to maximizing the value of your case. In addition, our firm operates on a contingency basis-in other words, we charge no legal fees unless we first collect money for you.
If you have been involved in a Texas pedestrian accident, it is imperative that you contact Tate Law Offices immediately. Waiting to contact a qualified Texas pedestrian accident attorney can severely impact your ability to make a claim and win your case.
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Protecting Your Rights after a Texas Pedestrian Accident
Pedestrian lawsuits in Texas usually come down to the battle of who had the right of way. In order to gain evidence to support a Texas pedestrian’s lawsuit, it is very important to quickly locate the witnesses to the incident. Witness statements regarding the pedestrian’s right to be in the particular part of the roadway and the car driver’s inattentiveness to the pedestrian can prove to be invaluable to maximizing your case value . As your Dallas pedestrian accident attorneys, Tate Law Offices will dispatch a qualified accident scene professional to the accident site to:
- Take notes and pictures
- Collect evidence
- Talk to witnesses
- Obtain police reports
In addition, Tate Law Offices will:
- Help you get the immediate medical attention you need. Remember, even serious injuries are not always evident at the time of the pedestrian accident, so it is important that you see a doctor immediately after the Texas pedestrian accident occurs. Also, due to the extreme nature of the injury often involved in pedestrian accidents, it is very important to be evaluated by specialized doctors immediately to determine the extent of the bodily injury.
- Contact the necessary insurance companies and make all claims. Keep in mind that insurance companies don’t make money by paying lawsuits. In fact, they spend countless dollars employing insurance adjusters, other experts, and even their own attorneys to make sure they pay out as little as possible. That’s why it’s important to have an experienced Texas law firm represent you for your claim or lawsuit.
- File all claims required. In order to maximize your lawsuit value and protect your rights, a Texas pedestrian accident attorney can help you file the necessary claims after a pedestrian accident in Dallas, Fort Worth, or anywhere in the State of Texas.
Potential for Serious Injury after a Texas Pedestrian Accident
When a pedestrian is struck by several thousand pounds of metal and glass, even a low-speed collision carries a high potential for serious or catastrophic injury and even death. In almost all instances of Texas pedestrian/vehicle accidents, the Texas pedestrian is worse off than the driver of the vehicle. Some of the resulting bodily injuries can cause extreme financial difficulties, as well as a lifetime of hardship and rehabilitation.
- Traumatic Brain Injury
- Spinal Cord Injury
Please contact one of our highly-trained Dallas/Fort Worth pedestrian accident attorneys as soon as possible after any pedestrian accident in Texas. We can review the circumstances surrounding your case and advise you of your best options. For such serious accidents as these, you often have only one chance to receive compensation.
Determining Fault after a Texas Pedestrian Accident
When a driver hits a pedestrian, often the biggest question is: Whose fault was the accident? Generally, fault is determined by the law of negligence. A person who fails to exercise a reasonable standard of care under the circumstances may be considered negligent; however, both the driver and the pedestrian can be found negligent.
For example; a Texas pedestrian may be crossing the street illegally while the driver is traveling in excess of the posted speed limit. In a case such as this, the experienced Texas pedestrian accident attorneys at Tate Law Offices will build your case in order to prove the greater amount of fault (or negligence) on the part of the driver. Contact an attorney at Tate Law Offices and we will advise you on the best way to pursue your case.
In a Texas Pedestrian Accident, What Is Negligence?
When a person is negligent, it means that he or she has behaved in a thoughtless or careless manner, which has caused harm or injury to another person. A person can be found negligent by:
- Doing something that he or she should not have done (for example, speeding)
- Failing to do something that he or she should have done (for example, failing to yield for a pedestrian)
Negligence is the legal theory most often used in Texas pedestrian accident lawsuits. A driver must use care to avoid injuring other motorists, passengers, or pedestrians basically, anyone that he or she encounters on the road. If a driver is not reasonably careful and injures someone as a result, the driver is liable under the theory of negligence for injuring the accident victim.
Elements of a Negligence Claim in a Texas Pedestrian Accident
As Texas pedestrian accident attorneys, Tate Law Offices will develop the necessary elements required by law to prove a negligence claim. The person who brings the lawsuit (plaintiff) must show that the defendant (the person being sued) was negligent. The elements of negligence are:
1. The defendant owed a legal duty to the plaintiff. Simply put, in Texas car accident lawsuits the law requires drivers to be careful when encountering anyone they meet on the road, such as pedestrians.
2. The defendant breached the duty. This means the defendant was not careful and did not behave like a reasonable, prudent person would have behaved in the same or similar circumstances.
Regarding a Texas pedestrian collision, examples of conduct expected of a reasonable driver include:
- Stopping at a red light or stop sign to allow pedestrians to cross
- Watching for crossing pedestrians at crosswalks, and other well-known pedestrian crossing places
- Not backing out of a parking space without checking to ensure that pedestrians are not present
- Yielding the right of way to pedestrians who are walking in a parking lot
3. The defendant’s conduct proximately caused the plaintiff’s injuries – – the plaintiff must also show that the defendant’s conduct caused his/her pedestrian accident injuries. As your Texas pedestrian accident attorneys, Tate Law Offices will collect and provide the evidence necessary to show proof that your injuries were caused by the defendant.
4. The plaintiff suffered losses and/or was injured. Car accident victims are entitled to compensation for injuries, lost wages and earning capacity, pain and suffering, and property damage.
Tate Law Offices is dedicated to maximizing the value of your lawsuit and helping you receive the best compensation possible for your pedestrian accident. If you’ve been involved in a Texas pedestrian collision, contact Tate Law Offices at for a free consultation.