Pedestrian Accident Lawyer in Irving, TX
Irving, like many other cities in Texas, is far from pedestrian-friendly. Texans tend to drive to their destinations. So, most roads are designed for drivers – not for people traveling by foot. Additionally, Texas drivers are not used to sharing roads with pedestrians or looking out for people crossing the roadway. According to crash data from the Texas Department of Transportation, 660 pedestrians were killed during a recent year, representing a 5.43 percent increase from the year before. In total, pedestrians were involved in 5,952 accidents in the state of Texas, resulting in an estimated 5,309 injuries.
Most of these pedestrian accidents are preventable. They are the fault of careless or reckless drivers who fail to see pedestrians on the roadway or refuse to respect their rights. Victims of these accidents and their families deserve justice. That’s where our Irving pedestrian accident lawyers can help.
If you have been injured or lost a loved one in an Irving pedestrian-car accident, you have the right to seek a full and fair recovery for any physical, emotional, or financial harm you have suffered. But you should take action as soon as possible.
Tate Law Offices, P.C. is here to help. We have a record of representing pedestrian accident victims and their families in Irving and throughout Texas. Our experienced team of attorneys knows how to protect our clients’ rights and pursue the maximum amount of compensation available to them.
How Our Lawyers Can Help You After a Irving Pedestrian Accident
In addition to investigating your case, the pedestrian accident attorneys of Tate Law Offices, P.C. can help you by:
- Advising you as to your legal rights and options – A knowledgeable attorney can listen to your story and take the time to understand your needs and goals. That way, we can offer you honest, tailored advice about the rights and options you have for pursuing the compensation you deserve.
- Assisting you to get the immediate medical attention you need – It is crucial that you get medical care right away after a pedestrian accident and that your treatment goes uninterrupted while your case is pending. We can work with health care providers to help you get the treatment you need throughout your case.
- Dealing with insurance companies on your behalf – You have enough to handle with your physical recovery. We will handle the insurance companies. We can file all necessary claims with the insurance companies and deal directly with their adjusters and attorneys. Keep in mind: Insurance companies want to protect their profits by paying as little as possible in damages. However, we will be aggressive in seeking a settlement that provides the maximum amount of compensation for you.
- Securing and evaluating evidence – It takes evidence to win a case. So, as soon as we are on the job, we start collecting witness statements, police reports and internal files, photographs, phone records and video recordings. We also consult with any necessary experts such as accident reconstruction specialists. Much of our analysis will revolve around Texas right-of-way law regarding pedestrians.
- Filing all claims and, if necessary, filing a lawsuit on your behalf – If an insurance company refuses to pay a fair settlement amount, our experienced trial attorneys can take your case to court and present your case to the jury. Fortunately, after we have built up your case, we are able to settle the majority of cases without a trial.
- Keeping you updated throughout your case – We believe it is crucial for our clients to know what is going on with their case at all times. We will keep you informed, return your calls and answer all of your questions.
Ultimately, our pedestrian accident law firm strives to serve as a resource that you can rely on during one of the most difficult events of your life. Our pedestrian accident attorneys want to help you recover as much as possible.
Types of Pedestrian Accidents
There are many kinds of pedestrian accidents, including:
- Turning or merging vehicles – When drivers turn or merge lanes, especially at or approaching intersections, their focus is often on other vehicles and not on pedestrians crossing the street.
- Pedestrians passing in front of a stopped vehicle – One vehicle may stop to allow a pedestrian to cross a crosswalk or intersection. Unfortunately, larger vehicles like buses, SUVs, or trucks may obscure a pedestrian from the view of other oncoming traffic behind the stopped vehicle or in an adjacent lane. These oblivious drivers may not realize that the stopped vehicle is yielding to a pedestrian and may cause injuries when a pedestrian steps in front of their vehicle.
- Backing-up accidents – This type of pedestrian accident usually occurs in driveways or parking lots. It can occur when drivers fail to check mirrors or turn their heads around to confirm that nothing is behind their vehicle. In parking lots, drivers’ views may be obstructed by other parked vehicles. Unfortunately, backing-up accidents disproportionately affect small children, who may not appreciate the danger of passing behind a vehicle.
- Pedestrians not crossing at crosswalks – Pedestrians sometimes choose or are forced to cross the street in between intersections, especially when walking to an intersection or designated crosswalk would take the pedestrian a long way out of their way. Unfortunately, drivers may fail to notice a pedestrian crossing the street outside of an intersection or marked crosswalk, especially when parked vehicles block the driver’s view of a pedestrian until they step out into the street.
- Vehicles not yielding – Drivers might not notice pedestrians who are already in a crosswalk and may fail to give them the right of way.
Common Causes of Pedestrian Accidents
Pedestrian accidents are often caused by the negligence or recklessness of drivers. Some of the most frequent causes of pedestrian accidents in Irving include:
- Running red lights or stop signs
- Turning or changing lanes at intersections without looking out for pedestrians
- Failing to yield the right of way at marked crosswalks
- Turning left after failing to check if a pedestrian is crossing the intersection or driveway that the vehicle is turning into
- Driving distracted, including texting, eating, drinking, or reaching around in the passenger compartment for something
- Driving under the influence of alcohol or drugs
- Driving drowsy or fatigued
- Failing to check mirrors, blind spots, and backup cameras before backing up from a parking spot or driveway
- Driving as a new or inexperienced driver, who may be more focused on other vehicles on the road rather than looking out for pedestrians
- Blinding sunlight limiting the driver’s view
- Lighting conditions at night limiting the driver’s view
- Viewing limitations such as adverse weather conditions, heavy precipitation, or fog
Some crosswalks or intersections are poorly designed and put pedestrians at greater risk of a collision with a motor vehicle.
Types of Injuries
When a pedestrian is struck by a metal vehicle weighing several thousand pounds – even in a low-speed collision – it can result in severe and even fatal injuries.
Victims of Texas pedestrian accidents can suffer:
- Soft tissue injuries, including ligament sprains, tendon and muscles strains, or torn soft tissues
- Nerve damage, which can result in chronic weakness, numbness, or tingling in the extremities
- Joint dislocations
- Internal organ injuries and internal bleeding
- Head injuries, including vision or hearing damage
- Neck and back injuries, including herniated spinal discs
- Whiplash injuries
- Road rash, or abrasions and burns caused by sliding across the pavement or ground following a collision
- Crush injuries
- Emotional and mental injuries, including PTSD, anxiety, or depression
- Spinal cord injuries, including paralysis
- Traumatic brain injury, ranging from concussions to more severe TBI
A victim may require emergency medical treatment, lengthy hospitalization, extensive rehabilitation and an ongoing need for medication and use of assistive devices. The victim may be unable to return to school or work. Family members may be impacted as well by being forced to provide around-the-clock care.
If you have been injured in a pedestrian accident, our goal will be to return you and your family as close as possible to the condition you enjoyed before the crash.
We will seek the maximum amount of compensation, including payment of:
- Past and future medical expenses, such as surgeries, prescriptions, medical devices and equipment, physical therapy, and occupational therapy
- Lost income and lost earning capacity
- Permanent impairment, which may result in expenses such as home health care or long-term care services, or home renovations to accommodate your impairments
- Scarring and disfigurement
- Mental anguish
- Pain and suffering
- Loss of consortium and loss of services
- Emotional distress
- Other relevant damages, such as property of yours damaged or destroyed in the accident
In some cases, punitive damages may be sought as well – not to make a victim “whole” again but rather to punish a defendant who engaged in grossly negligent or willful misconduct such as drunk driving or other egregious actions.
If an Irving pedestrian accident resulted in the death of a loved one, our lawyers can seek wrongful death and survival damages, including funeral and burial expenses and compensation for the loss of your family member’s services, companionship and society.
Proving Negligence in a Pedestrian Accident in Irving
Establishing fault in a pedestrian accident case primarily is a matter of proving negligence, or a person’s failure to follow a reasonable standard of care under the circumstances. This requires evidence that proves four elements:
- Duty – You must show that the driver (the defendant) owed a legal duty to you as a pedestrian (the plaintiff). Generally speaking, the law requires drivers to be careful when encountering anyone they meet on the road such as pedestrians.
- Breach – The driver breached the duty owed to you. This means the driver failed to behave like a reasonable, prudent person would have behaved in the same or similar circumstances. For instance, the driver failed to:
- Follow the speed limit or drive at a safe speed given road or weather conditions.
- Stop at a red light or stop sign to allow pedestrians to cross.
- Watch for pedestrians at a crosswalk or a well-known crossing.
- Stop for a school bus that was letting off children.
- Check for pedestrians before backing out of a parking space.
- Yield the right of way to pedestrians walking in a parking lot..
Of course, the underlying reason for a driver’s breach of his or her duty of care may be distracted driving such as talking on a cell phone or texting while driving, drunk driving or driving while fatigued.
- Causation –The driver’s conduct proximately caused your injuries. In other words, “but for” the driver’s failure to safely share the road with you and other pedestrians, you would not have suffered your injuries.
- Damages – You suffered actual injuries and losses. For example, you suffered substantial physical and emotional injuries, causing significant financial losses due to medical bills and your inability to work.
The pedestrian accident lawyers of Tate Law Offices, P.C., know how to identify and overcome obstacles that can arise when proving these elements. We believe our extensive experience in this area of the law makes a true difference in our clients’ lives.
Contact Tate Law Offices PC for Help with Your Personal Injury Claim
If you’ve been injured in a pedestrian accident in Irving, TX, you don’t have to wait another day to start the process of pursuing financial compensation from the at-fault party.
Call or contact Tate Law Offices P.C. online today to speak to a pedestrian accident lawyer about your situation. Our firm has helped clients recover compensation in over 3,000 cases and has more than 99 percent success rate in the cases that we’ve handled. Stop generally looking for an “accident attorney near me.” Our accident and injury lawyers have handled many pedestrian accidents and are ready to discuss your case today.