Unfortunately, it is not an uncommon story. You are crossing the street when the sound of screeching tires blares in your ears—you turn to see what it is, and it's a driver who is either not paying attention, or is in a hurry, or just doesn't care . . . And the one who has to pay the price of scars, impairment, pain, and mental anguish isn't the driver; it's you. Times like these call for an experienced personal injury attorney. At Glenn Law Firm, we have Fort Worth pedestrian accident lawyers who can help you navigate the aftermath of an incident like this.
Fort Worth Pedestrian Accidents and their Common Causes
In Texas—as is the case across the country—drivers have a duty do look out for the safety of other motorists andpedestrians. This applies whether they're innocently standing on a sidewalk, crossing at a crosswalk, or in another area where a driver should know he has a responsibility to exercise caution. In fact, a driver's duty of care for pedestrians may even apply some in instances where a pedestrian is “jaywalking.” Areas in Fort Worth that can be especially problematic are hot spots like the stock yards, West 7th, downtown, and others—the places where people are walking around all the time, and where traffic can become especially busy. The following are a few instances where the Texas Transportation Code says that drivers should exercise care:
- avoiding a collision with a pedestrian on the roadway;
- warning pedestrians by honking the motor vehicle horn;
- exercising proper caution when they observe a child or an obviously incapacitated or confused person on the roadway.
But there are several reasons that these instructions go unheeded . . .
Speeding
It's no secret that speeding is one of the most dangerous risks we can take in our daily lives. Motorists get away with speeding more often than not, so they think, Hey, it's no big deal. Well, if you've suffered a pedestrian wreck, then you know better than most: speeding can be a very big deal. Speed limits are generally what they are for a reason, and traveling faster than the posted limit can diminish a driver's ability to stop for upcoming hazards. If that unexpected hazard is a crowded area, the results can be severe—even deadly. In these instances, a driver can lose control of his vehicle, they can have to change direction at the very last second, and this can cause serious injury for unsuspecting pedestrians, and even wrongful death. An injury attorney or a wrongful death lawyer can help you navigate the complexities of legal actions like these.
Texting and Driving – Distracted Driving
One of the most dangerous consequences of the technologically advanced world is the degree to which we've all become attached to the screens on our phones—and there is nowhere this is truer than behind the wheel. It's unfortunate, but even in crowded city centers like Magnolia Ave. or the Fairmount District, you'll find drivers paying more attention to their text messages than to pedestrians, crosswalks, and stop signs. (The same goes for bicycle accidents too – a bicycle collision happens in much the same way as a pedestrian wreck: s driver should be looking out, but isn't.) And, of course, there are other reasons why drivers are distracted, too; the point is: if their attention was on something it shouldn't have been and that caused a situation where you were hit by a car—you are likely entitled to recover.
Driving Under The Influence
Closely related to the previous category of distracted driving is driving under the influence (DUI) or driving while intoxicated (DWI) by alcohol or drugs. Reaction time is crucial when driving in populated areas. But all too often motorists are driving while impaired and they are unable to ensure the safety of passersby and pedestrians. Such being the case, collisions become inevitable, and people get hurt. This is where a Fort Worth pedestrian accident attorney can help you understand your options.
Failure to Yield the Right of Way
There are several situations in which the right of way belongs to pedestrians over cars and/or trucks:
- where there are no traffic signs or controls and pedestrians are on the half of the road where the vehicle is driving; and
- where there are no traffic signs or controls and pedestrians are approaching so closely from the other half of the road as to be in danger;
- crosswalks (when crossed at the appropriate time) and other crossings (especially those protected by signs and/or lights).
But even though the Texas Transportation Code protects pedestrians at these times, that protection means nothing if a driver disregards the rules of the road. A Fort Worth pedestrian accident lawyer can help you hold drivers like these responsible.
What Damages Are Available For Pedestrian Accidents?
The nature of your damages is generally related to the injuries you suffered when you were hit by a car or truck. A Fort Worth injury lawyer will be able to help you figure out exactly what this means and exactly what you need to do.
Some of the most common types of injuries after collisions with vehicles are broken bones, soft tissue damage, and the associated soreness and swelling. But it's also possible to suffer catastrophic damages. If being hit by a car caused you a head injury, then you may have a concussion or other traumatic brain injury (also known as a “TBI”), you might have a spinal injury, or you can even suffer consequences as severe as a lost limb or paralysis. Serious injuries like these don't just leave physical scars, but they can result in mental anguish and emotional suffering, too.
The types of damages that will be available to you include economic damages, non-economic damages, and—sometimes—punitive damages. Economic damages can include treatment and stays in the hospital, medical bills, bills from emergency medical services, damages to your property, loss of income or earning capacity, and other losses that are similarly economic. Non-economic losses are things like mental anguish, the loss of enjoyment of life, loss of consortium (or ability to participate in the marriage relationship in the same way), emotional distress and trauma, and other similar damages. These are less straightforward, and these are an area where a Fort Worth injury attorney can be a key asset in recovering all the damages to which you are entitled.
Call Glenn Law Firm For A Free Case Analysis
We encourage you to call for a free consultation. We work on a contingency fee basis, which means that your call and case analysis is completely free. We know that times like these can be completely overwhelming, but that's why we're here to help. You can call us at (817) 424-5999, or you can fill out the submission form on this website. We look forward to helping you navigate this difficult time and fighting for you to get the compensation you deserve.